Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/39

== CODE CIVIL PROCEDURE ==

Commencing Actions §§ 7389-7394
§ 7389. Stay by injunction, ect. When the commencement of an action is stayed by injunction or other order of a court or judge, or by statutory prohibition, the time of the continuance of the stay is not a port of the time limited for the commencement of the action.

[R.C. 1905, § 6801; C. Civ. P. 1877, § 68; R.C. 1895, § 5215.]

Action on judgment not stayed during time judgment creditor is required to obtain leave to sue, within the section. Osborne v. Lindstrom, 9 N.S. 1, 81 N.W. 72, 81 Am. St. Rep. 516, 46 L.R.A. 715.

As to similar provision in Cal. Code Civ. Proc., § 356, see Barclay v. Blackinton, 127 Cal. 189, 59 Pac. 834.

'§ 7390. When disability available. No person can avail himself of a disability unless it existed when his right of action accrued.

[R.C. 1905, § 6802; C. Civ. P. 1877, § 69; R.C. 1899, § 5216.]

§7391. Coexisting disabilities. When two or more disabilities coexist at the time the right of action accrues, the limitations does not attach until they are all removed.

[R.C. 1905, § 6803; C. Civ. P. 1877, § 70; R.C. 1899 § 5217.]

§7392. Bank notes. This chapter does not affect actions to enforce the payment of bills, notes or other evidence of debt, issued by moneyed corporations, or issued or put in circulation as money.

[R.C. 1905, § 6804; C. Civ. P. 1877, § 71; R.C. 1899, § 5318]

Statutes of limitations as applicable to bank checks. 22 L.R.A. 110.

§ 7392. Moneyed corporations. This chapter shall not affect actions against directors or stockholders of a moneyed corporation or banking association to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within six years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached or the liability was created.

[R.C. 1905, § 6805; C. Civ. P. 1877, § 72; R.C. 1899, § 5219.]

When statute of limitations begins to run against action to recover penalty against bank taking usurious interest. 56 L.R.A. 705.

As to similar provisions in Cal. Code Civ. Proc., § 359, see Green v. Beckman, 59 Cal. 545.

§ 7394. New promise must be in writing. No acknowledgment or promise is sufficient evidence of new or continuing contract, whereby to take the case out of the operation of this chapter, unless the same in contained in some writing signed by the party to be charged thereby; but his section shall not alter the affect of any payment of principal or interest.

[R.C. 1905, § 6806; C. Civ. P. 1877, § 73; R.C. 1899, § 5220.]

Payment by one joint debtor not interrupt running of statute as against another joint debtor. Grovenor v. Signor, 10 N.D. 503, 88 N.W. 278.

Letter from maker to joint maker of not inclosing drat to pay not will not affect running of statute. Dorsey v. Gunkle, 18 S.D. 454, 101 N.W. 36, 5 A. & E. Ann. Cas. 810.

Giving and acceptance of note as partial payment on account, and payment thereof, stop running of limitations on whole account. McCarthy Bros. Co. v. Hanakutt, 29 S.D. 535, 137 N.W. 286.

Promise or acknowledgment to take debt out of the statute of limitations. 62 Am. Dec. 101; 102 Am. St. Rep. 751.

-Effect of acknowledgment made by a stranger. 57 Am. Rep. 334.

-Effect of payment of dividend by assignee of insolvent debtor as an acknowledgment of new promise. 52 Am. Rep. 401.

Effect of new promise or acknowledgment of debt to remove bar of limitations to enforce vendor's lien. 39 L.R.A. (N.S.) 1177.

Effect of new promise or acknowledgment to remove bar of statute of limitations against an action based on tort. 13 L.R.A (N.S.) 912

Effect of new promise or payment on barred judgment. 8 L.R.A. (N.S.) 440

Person to whom acknowledgment or new promise must be made to toll the statute or remove the bar. 25 L.R.A. (N.S.) 805; 33 L.R.A. (N.S.) 262.

Sufficiency of promise to pay as soon as one can toll statute of limitations. 27 L.R.A. (N.S.) 577.

Unaccepted offer of compromise as tolling statue. 37 L.R.A. (N.S.) 885.

Devise or legacy reciting consideration as acknowledgment affecting bar of statute. 1 L.R.A. (N.S.) 1117.