Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/34

== CODE OF CIVIL PROCEDURE ==

Commencing Actions § 7375
7. An action for the foreclosure of a mechanics' lien; provided, that this subdivision shall not apply to any mechanics' lien filed prior to July first, 1903.

[R.C. 1905, § 6768; C Civ. P. 1877, § 54; R.C. 1895, § 5201; 1903, ch. 2]

Where cause of action barred in foreign state, bar available here. Rathbone v. Coe, 6 D. 91, 50 N.W. 620.

Tax lien is not barred in six years, Wells County v. McHenry, 7 N.D. 246, 74 N.W. 241; Land Co. v. Douglas County, 8 S.D. 491, 67 N.W. 53.

Action may be maintained to recover money obtained by fraud. Krump c. Bank, 8 N.D. 75, 76 N.W. 995.

A payments by one joint debtor will not interrupt running of statue as against another joint debtor. Govenor v. Signor, 10 N.D. 503, 88 N.W. 278.

School warrants subject to six years limitation. Coler v. Sterling, 15 S.D. 415, 89 N.W. 1022.

Failure to state residence in state for six years not fatal to defense. Saxton v. Musselman et al., 17 S.D. 35, 95 N.W. 391.

Pleading limitations on note casts burden of proof on holder. Dielmann v. Beak, 8 S.D. 263, 66 N.W. 311; McConnell v. Spicker, 15 S.D. 98, 87 N.W. 574.

Averment that cause of action did not accrue within six years of commencement, sufficient. Searls v. Knapp, 5 S.D. 325, 58 N.W. 807, 49 Am. St. Rep. 873.

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

Six years limitations applies to civil action to enforce statutory obligation of father to support illegitimate child. ''State ex rel. Berge v. Patterson'', 18 S.D. 251, 100 N.W. 162.

Inapplicable to equity action to recover deceased partner's interest in partnership. Mcpherson v. Swift, 22 S.D. 165, 133 Am. St. Rep. 907, 116 N.W. 76

On application of section to action for recovery of money paid for tax sale certificate, subsequently declared void. Sherwood v. Barnes County, 22 N.D. 310, 134 N.W. 38.

When does statute of limitations begin to run against action to recover money collected by attorney. 17 L.R.A. (N.S.) 667.

-Against action to recover money collected by agent not attorney. 17 L.R.A. (N.S.) 660.

-Against action to recover money paid on judgment subsequently reversed or modified. 25 L.R.A. (N.S.) 31.

-Against action on certificate of deposit. 29 L.R.A. (N.S.) 685.

-Against action to enforce liability of member of mutual fire insurance company. L.R.A. 508.

-Against an action by a surety against a cosurety for contribution. 18 L.R.A. (N.S.) 585; 42 L.R.A. (N.S.) 1131.

-Against action on contract payable on demand. 32 L.R.A. (N.S.) 486; 136 Am. St. Rep. 469.

-Against right of action on promise to pay as soon as convenient. 1 B.R.C. 113.

-Against an action for negligence or misconduct of an attorney in performance of professional duties. 12 L.R.A. (N.S.) 1005.

-in favor of abstract of title. 13 L.R.A. (N.S.) 454; 15 L.R.A. (N.S.) 160.

-Against action to recover money paid by mistake. 11 L.R.A. (N.S.) 160.

-Actions action to recover money paid by mistake. 11 L.R.A. (N.S.) 1191.

-Against action for injury to lateral support. 68 L.R.A. 693.

-Against action for injuries from taking of water supply by right of eminent domain. 58 L.R.A. 258.

-Against action for damming back water of stream. 59 L.R.A. 888.

-In actions against stockholders and officers of corporations. 96 Am. St. Rep. 972.

-In action against stockholders for unpaid subscriptions. 3 Am. St. Rep. 827.

Bar of debt to corporation as bar to enforcement of its lien therefor upon stock 39 L.R.A. (N.S.) 301.

Accrual of right of action to put statute of limitations into operation as to stockholder's liability for corporate debts. 10 L.R.A. (N.S.) 897.

When does statute of limitations commence to run at time of breach of contract or at time actual damages are sustained in consequence thereof. 15 L.R.A. (N.S.) 156.

Effect of statute of limitations on the trust relationship arising from the taking of title in the husband's name, to lands inherited by or purchased with the money of, the wife. 12 L.R.A. (N.S.) 493.

Limitation of actions on bank checks. 22 L.R.A. 110.

Necessity for demand to set statute running against action on certificate of deposit. 1 L.R.A. (N.S.) 1130

Necessity of demands in order to start statute against action for a bank deposited. 2 L.R.A. (N.S.) 571. Leviticuss007 (talk) 21:59, 3 November 2022 (UTC)Leviticuss007