Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/36

== CODE CIVIL PROCEDURE ==

Commencing Actions §§ 7379-7382
§ 7379. Balance of open account. In an action brought to recover a balance due upon a mutual, open and current account, when there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.

[R.C. 1905; § 6791; C. Civ. P. 1877, § 58; R.C. 1899, § 5206.]

Inapplicable to account for items charged with credit for partial payment. McArthur v. McCoy 21 S.D. 314, 119 N.W. 155

What are mutual accounts and application of the statute of limitations thereto. 89 Am. Dec. 75.

Effect of specific application of payment to last item of open account on statute of limitations. 19 L.R.A. (N.S.) 346.

As to similar provisions in Cal. Code Civ. Proc., § 344, see Rocca v. Klein, 74 Cal. 526, 16 Pac. 323; Millet v. Bradbury 109 Cal. 170, 41 Pac. 865; Flynn v. Seale, 2 Cal. App. 665, 84 Pac. 263. Code Civ. Proc., § 353, see In re Bullard, 116 Cal. 355, 48 Pac. 219

'''§ 7380. Forfeiture by person. State.''' An action upon a statute for a penalty or forfeiture given in whole or in part to any person who will prosecute for the same must be commenced within one year after the commission of offense; and if the action is not commenced within the year by a private party it may be commenced within two years thereafter in behalf of the state by the attorney-general, or by the state's attorney of the county where the offense was committed.

[R.C. 1905, § 6792; C. Civ. P. 1877, § 59; R.C. 1895, § 5206.]

§ 7381. Other relief ten years. An action for relief not hereinbefore provided for must be commenced within ten years after the cause of action shall have accrued.

[R.C. 1905, § 6793; C. Civ. P. 1877, § 60; R.C. 1899, § 5207.]

Governs action for accounting under mortgage and no redeem. Houts v. Hoyne, 14 S.D. 176, 84 N.W. 773; Houts v. Olson, 14 S.D. 475, 85 N.W. 1015

Right of voluntary payor of mortgage to be subrogated to rights of the mortgages barred ten years after payment. Pollock v. Wright, 15 S.D. 134, 87 N.W. 584

Equity action to recover deceased partner's interest in partnership must be commenced within ten years. Mcpherson v. Swift, 22 S.D. 165, 133 Am. St. Rep. 907, 116 N.W. 76.

Conflict of laws as to limitation of actions against stockholders. 48 L.R.A. 637.

Statute of limitations as to right of partners in real property. 28 L.R.A. 105.

-As a defense to revocation of physician's or attorney's license. 11 L.R.A. (N.S.) 557.

-As between trustor and trustee. 99 Am. Dec. 389.

-Between sureties, copromisors, etc. 61 Am. Dec. 504.

-Founded on mistakes in boundaries. 62 Am. Dec. 504.

-Where the damages are consequential. 38 Am. Dec. 270

-Against foreign corporations. 52 Am. Dec. 256

Running of limitations as to accounting by cotenant. 28 L.R.A. 859.

When limitations run against action between cotenant for use and occupation or rents and profits. 39 L.R.A. (N.S.) 239.

Statute of limitations applicable to action to enforce and implied promise arising from acceptance of devise chargeable with payment of legacy. 8 L.R.A. (N.S.) 393.

Applicability of statute of limitations to suit to remove from title. 39 L.R.A. (N.S.) 930

Does limitation run against mortgagee in possession. 34 L.R.A. (N.S.) 356.

When quo warranto is affected by the rules controlling limitations of actions 52 Am. St. Rep. 312.

As to similar provision in Cal. Code Civ. Proc., § 343, see Lux v. Haggin, 69 Cal. 255, 10 Pac. 674; Dore v. Thornburgh, 90 Cal. 64, 25 Am. St. Rep. 100, 27 Pac. 30.

§ 7382. Same to state and persons. The limitations prescrived in this chapter shall apply to actions brought in the name of the state, or for its benefit, in the same manner as to action by private parties.

[R.C. 1905, § [6794; C. Civ. P. 1877, § 61; R.C. 1899, § 5208.]

Limitations do not run against taxes though levied in name of state. Iowa Land Co. v. Douglas County, 8 S.D. 491, 67 N.W. 52; Color v. Sterling, 15 S.D. 415, 89 N.W. 1022.

Operation of statute of limitations against government and governmental bodies. 101 Am. St. Rep. 144.

Are municipal corporations subject to the statute of limitations. 32 Am. Dec. 719.

May statute be interposed against an action by a municipality to recover damages for injury to property. 32 L.R.A. (N.S.) 245.