Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/49

== CODE CIVIL PROCEDURE ==

Place of Trial §§ 7414-7416
out collusion with him makes against him a demand for the same debt or property, upon due notice of such person and the adverse party, apply to the court for an order to substitute such person in his place and discharge him from liability to either party on his depositing in court the amount of the debt, or delivering the property or its value to such person as the court may direct, and the court may in its discretion make the order.

[R.C. 1905, § 6826; C. Civ. P. 1877, § 91; R.C. 1899, § 5240.]

As to similar provision in Cal. Code Civ. Proc., § 356, see Kimball v. Richardson-Kimball Co., 111 Cal. 386, 43 Pac. 1111; Fox v. Sutton, 127 Cal. 515, 59 Pac. 939.

§ 7415. Where subject matter is. Actions for the following causes must be tried in the county in which the subject of the action or some party thereof is situated, subject to the power of the court to change the place of trial in cases provided by statute:

1. For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property.

2. For the partition of real property.

3. For the foreclosure of a mortgage of real property.

4. For the recovery of personal property distrained for any cause.

5. All actions brought on a policy of insurance to recover for loss or damage to the property insured shall be tried in the county or judicial subdivision where such property is situated at the time of its loss or damage.

[R.C. 1905, § 6827; C. Civ. P. 1877, § 92; 1887, ch. 23, § 1; R.C. 1899, § 5241.]

Actions in circuit courts commenced anywhere in state. Benedict v. Johnson, 4 S.D. 887, 57 N.W. 66.

Actions to foreclose real estate mortgage commenced in other county. Territory v. District Court, 5 D. 275, 38 N.W. 439.

Action to foreclose mortgage on real property must upon proper demand be tried in county in which land is situate. Viets v. Silver, 19 N.D. 445, 125 N.W. 239.

Land covered by mortgage fixes necessary situs for suit to foreclose. Cosgrave v. McAvay, 24 N.D. 343, 139 N.W. 693.

Action on policy insuring against accident to human beings is not within this section. ''Mullen v. Northern Acci. Ins. Co.'', 26 S.D. 402, 128 N.W. 483.

Venue, actions for injuries to land in one county caused by acts committed in another, where to be brought. 49 Am. Dec. 476.

Jurisdiction of action at law for damages for breach of contract or for tort concerning land in another state or country. 34 L.R.A. (N.S.) 994.

As to similar provision is Cal. Code Civ. Proc., § 392, see Santa Rose v. Fountain W. Co., 138 Cal. 579, 71 Pac. 1123

§ 7416. Where the cause arose. Actions for the following causes must be tried in the county where the cause or some part thereof arose, subject to the like power of the court to change the place of trial:

1. For the recovery of a penalty or forfeiture imposed by statute except that when it is imposed for an offense committed on a lake or river or other stream of water situated in two or more counties, the action may be brought in any county orderings on such lake, river or stream, and opposite to the place where the offense was committed.

2. Against a public officer, or person specially appointed to execute his duties, for an act done by him by virtue of his office, or against a person who by his command or his aid shall do anything touching the duties of such officer.

[R.C. 1905, § 6828; C. Civ. P. 1877, § 93; R.C. 1899, § 5242.]

As to similar provision in Cal. Code Civ. Proc., § 393, see McMillan v. Richards 9 Cal 365, 70 Am. Dec. 655; Stanta Rosa v. Fountain W. Co., 138 Cal. 579, 71 Pac. 1123