Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/28

== CODE CIVIL PROCEDURE ==

Commencing Actions §§ 7359-7359
The defense of statute of limitations is waived if not pleaded in answer. Facts constituting bar, not conclusions of law must be pleaded. Satterlund v. Beal, 12 N.D. 122, 95 N.W., 518.

Plea of limitation as defense deemed denied without reply. Meyer v. School District 4 S.D. 420, 57 N.W. 68.

Averment that cause of action did not accrue within six years of commencement sufficient. McConnell v. Spicker, 15 S.D. 98, 87 N.W. 574; Searls v. Knapp, 5 S.D. 325, 58 N.W. 807, 40 Am. St. Rep. 873.

Actions on ground of fraud do not accrue until discovery of fraud, but mistakes are not covered by this exception. Pollock v. Wright, 15 S.D. 134, 87 N.W. 584.

When limitations pleaded as defense to note barred upon its face plaintiff must show contrary. Dielmann v. Bank, 8 S.D. 263, 66 N.W. 311

Limitation will not run on town warrants until funds are provided or time provided has elapsed. Brannon v. White Lake Twp., 17 S.D. 83, 95 N.W. 284.

Defense of statute of limitations is not available on demurrer. ''State ex rel. Berge v. Patterson'', 18 S.D. 251, 100 N.W. 162.

Statute of nonclaim in reference to failure to sue within specified time claim against decedent's estate is not affected by this section. Mann v. Redmon, 23 N.D. 508, 137 N.W. 478

Effect of the bar of statute of limitations. 95 Am. St. Rep. 656.

Constitutionality of statutes creating limitation of actions. 50 Am. Dec. 391.

Retrospective operation of statute of limitations. 111 Am. St. Rep. 445.

Vested right in statute of limitations. 45 L.R.A. 609.

Vested right in defense of limitations in actions involving title to real property 45 L.R.A. 609

Reasonableness of period allowed by statute of limitations in respect to existing causes of action. 7 L.R.A. (N.S.) 715; 21 L.R.A. (N.S.) 157.

Constitutionality of statutes shortening the period of limitations. 1 L.R.A. (N.S.) 528.

Injunction against judgment confessed on debt barred by statute of limitations 30 L.R.A. 241

Right to open default judgment to let in defense of statute of limitations. 61 L.R.A. 746

Who may plead statute of limitations. 104 Am. St. Rep. 742.

Estoppel to plead defense of limitations. 63 L.R.A. 193; 95 Am. St. Rep. 411.

Burden of proof on plea of statute of limitations. 81 Am. Dec. 725

Necessity of pleading limitation as bar to statutory action for death. 25 L.R.A. (N.S.) 1221.

Laches as affecting suit to enjoin unlawful expenditures by municipality. 36 L.R.A (N.S.) 26

Duty of court, in absence of objection by defendant, to dismiss suit for divorce because not brought within time allowed by statute after cause given. 26 L.R.A. 142; 51 Am. Dec. 700; 75 Am. Dec. 84

Effect of injunction against suing to prevent running of statute. 3 L.R.A. (N.S.) 1187; 23 L.R.A. (N.S.) 673.

What will prevent or delay running of limitation on stipulated time for commencing suit on insurance policy. 47 L.R.A. 709.

Effect on running of statute of limitations of request not to sue or agreement not to slead the statute. 16 L.R.A. 709.

Operation of statute of limitations where a cause of action for nominal damages subsequently ripens into a right to actual damages. 126 Am. St. Rep. 944.

Effect of limitation provided by the parties in their contract. 25 Am. Rep. 104.

Conflict of laws; right to enforce demands barred in the country of their origin 22 Am. Dec. 363.

§ 7359. By the State. The state of North Dakota will not sue any person for or in respect to any real property or the issues or profits thereof by reason of the right or title of the state to the same, unless: 1. Such right or title shall have accrued within forty years before any action or other proceeding for the same shall be commenced; for,

2. The state or those from whom it claims shall have received the rents and profits of such real property or of some part thereof within the space of forty years

[R.C. 1905, § 6771; C. Civ. P. 1877, § 38; R.C. 1899, § 5185.] Leviticuss007 (talk) 15:32, 2 November 2022 (UTC)Leviticuss007