Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/35

== CODE CIVIL PROCEDURE ==

Time of §§ 7375-7378
Breach by promisor during lifetime of contract to compensate for service upon death, as starting the statute of limitations. 36 L.R.A. (N.S.) 922.

When right of accommodation party who has been obliged to pay bill or note accrues a reassessment ordered because of invalidity or original. 28 L.R.A. (N.S.) 703.

Effect of acceleration provision in not to start statute of limitations running 12 L.R.A. (N.S.) 37 L.R.A. (N.S.) 787.

Effect of statutory bar of action for purchase money upon right to enforce vendor's lien. 39 L.R.A. (N.S.) 1171.

Right to recover for services rendered beyond statutory period of limitations upon breach of parol contract to make provision by will. 6 L.R.A. (N.S.) 703.

Effect of executor's promise as to payment of legacy to termination trust and start limitations running. 9 L.R.A. (N.S.) 214.

Effect of acceleration provision in note to start statute of limitations running 12 L.R.A. (N.S.) 1190; 22 L.R.A. (N.S.) 1110

Applicability of statute of limitations governing action for trespass, to actions for damages to real property. 26 L.R.A. (N.S.) 1047.

Effect of continued occupancy by trespasser for less than limitation period to estop owner to maintain trespass q.c.f. 23 L.R.A. (N.S.) 270

Running of limitations against action to recover stolen property. 29 L.R.A. (N.S.) 120; 34 L.R.A. (N.S.) 621.

Limitation of action for damages from nuisance. 20 Am. St. Rep. 176.

Fraud at law as preventing the operation of statute of limitations. 60 Am. Dec. 511.

Is action based on fraud governed by statute of limitations applicable to injury to property or injury to person. 28 L.R.A. (N.S.) 353.

Effect of right to attack property fraudulently conveyed, to start statute of limitations running as against right to file reditors' bill. 2 L.R.A. (N.S.) 988

Failure to notify other party of mistake made by him as fraud which will toll the statute of limitations. 21 L.R.A. (N.S.) 950.

Concealment of identity by change of name as interrupting statute of limitations. 39 L.R.A. (N.S.) 741.

Effect to public records as notice or evidence of notice which will set statute of limitations running against action based on fraud. 22 L.R.A. (N.S.) 208.

§ 7376. Three years. Within three years:

1. An action against a sheriff, coroner or constable upon a liability incurred the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. But this section shall not apply to an action for an escape.

2. An action upon a statute for a penalty or forfeiture, when the action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribes a different limitation.

[R.C. 1905, § 6788; C. Civ. P. 1877, § 55, R.C. 1899, § 5202.]

Right to set up usurious interest paid as a counterclaim. Wilson v. Selby, 7 S.D. 484, 64 N.W. 537.

Statute not apply to action against sureties on sheriff's bond, if cause reduced to judgment within three yeras. Connor v. Corson, 13 S.D. 550, 83 N.W. 588.

Right to set off usurious payments to national bank when right to recover penalty barred by limitation. 56 L.R.A. 699.

§ 7377. Two years. Within two years:

1. An action for libel, slander, assault, battery or false imprisonment.

2. An action upon a statute for a forfeiture or penalty to the state.

3. An action for the recovery of damages resulting from malpractice.

4. An action for injuries done to the person of another, when death ensues from such injuries; and the cause of action shall be deemed to have accrued at the time of the death of the party injured.

[R.C. 1905, § 6789; C. Civ. P. 1877, § 56; 1893, ch. 87, § 1; R.C. 1895, § 5203.]

3. When statute of limitations begins to run in case of negligence or malpractice of physicians and surgeons. 15 L.R.A. (N.S.) 161.

4. Necessity of pleading limitation as a bar to statutory action for death. 26 L.R.A. (N.S.) 1121.

Effect, upon action for death, or bar against action for injury. 34 L.R.A. 797.

§ 7378. One year. Within one year: 1. An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

[R.C. 1905, § 6790; C. Civ. P. 1877, § 57; R.C. 1899, § 5204.]