Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/38

== CODE CIVIL PROCEDURE ==

Commencing Actions §§ 7384-7388
N.D. 181 Am. St. Rep. 675, 103 N.W. 929; Paine v. Dodds, 14 N.D. 189, 116 Am. St. Rep. 674, 103 N.W. 931.

As to effect of issuing execution on judgment ten years after entry. where debtor has been absent from state. Weisbecker v. Cahn, 14 N.D. 390, 104 N.W. 513

Inapplicable to foreclosure actions accruing prior to enactment of statute. Adams & F. Co. v Kenoyer, 17 N.D. 392, 16 L.R.A. (N.S.) 681, 116 N.W. 98.

Concurrent remedy was created by section 7083-4, Rev. C. 1905 (§§ 7692-3 C.L. 1913) and this section was not repealed thereby. ''Union Nat. Bank v. Ryan'', 23 N.D. 482, 137 N.W. 449.

Absence from the state forms no exception unless expressed. 13 Am. Dec. 368.

What constitutes "residence out of the state" within meaning of statute of limitations. 17 L.R.A. 225; 47 L.R.A. (N.S.) 309

Applicability to nonresidents of provisions suspending limitations against defendant who is out of state, until his "return." 25 L.R.A. (N.S.) 24.

Applicability of tolling provision in general statute when defendant absent from state, to special limitations imposed by statute creating cause of action for wrongful death. 38 L.R.A (N.S.) 521.

Effect of mortgagor's absence from state to toll statute of limitations as against foreclosure proceedings against his grantee. 26 L.R.A. (N.S.) 898.

As to similar provisions in Cal. Code Civ. Proc., § 351, see Watt v. Wright, 66 Cal. 202, 5 Pac. 91.

'''§ 7385 Same. Disabilities.''' If a person entitled to bring an action, other than for the recovery of real property, except for a penalty or forfeiture or against a sheriff or other officer for an escape, is at the time the cause of action accrued, either:

1. Within the age of twenty-one years; or,

2. Insane; or,

3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than his natural life, the time of such disability not a part of the time limited for the commencement of the action; provided that the period within which the action must be brought cannot be extended more than five years by any such disability's except infancy, nor can it be extended in any case longer than one year after the disability ceases.

[R.C. 1905 § 6797; C. Civ. P. 1877, § 64; R.C. 1899, § 5211.]

Disabilities which protect from the statute of limitations. 35 Am. Dec. 68.

Does disability of one person inure to the benefit of another. 49 Am. St. Rep. 710.

Disability of some but not all of joint tenants as affecting statute of limitations. 7 L.R.A. (N.S.) 407.

§ 7387. In case of war. When a person shall be an alien subject or a citizen of a country at war with the United States, the time of the continuance of the war is not a part of the period limited for the commencement of the action.

[R.C. 1905, § 6799; C. Civ. P. 1877, § 66; R.C. 1899, § 5213.]

§ 7388. When judgment reversed. If an action is commenced within the time prescribed therefor and the judgment therein is reversed on appeal the plaintiff, or, if he dies and the cause of action survives, his heirs or representative may commence a new action within one year after the reversal.

[R.C. 1905, § 6800; C. Civ. P. 1877, § 67; R.C. 1895, § 5214.]

Where assessment before referee of damages suffered by reason of erroneous injunction, was reversed on appeal, new action begun within one years thereafter is not barred by general six-year statute. Quarnberg v. Chamberlain, 29 S.D. 377, 137 N.W. 405.