Page:North Dakota Reports (vol. 1).pdf/541

 by law within thirty days after the issue of a warrant of attachment, the writ becomes void, and will be set aside on motion. Rhode Island Hospital Trust Co. v. Keeney, 411.

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The giving of an undertaking under $§ 5009, 5010, Comp. Laws, Dak., to procure a discharge of an attachment, does not merely release the levy but destroys the writ itself, and thereafter, a motion to dissolve the attachment as being irregularly or improvidently issued will not be entertained. Fox v. McKenzie, 298.

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Property seized under writ of attachment cannot be claimed as exempt where debt was incurred under false pretenses. Taylor v. Rice, 72.

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Where the district court by ex parte orders, which were duly served on respondent’s counsel, enlarged the time for settling a bill of exceptions, no reason being brought upon the record for granting such orders, and counsel for respondent appearing, and objecting to the settlement, held, such orders were such as the court had authority to make ex parte, and were therefore prima facie valid. Nothing to the contrary being shown, this court will assume that such orders were upon a proper showing of cause. Johnson v. N. P. R. R. Co., 354.

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Where, after time granted for settling a bill had expired, the district court, without making an order extending time, and, against objection, settled and allowed the bill, held not error. Such order of settlement operated to extend the time until the date of the actual settlement. It is within the power of the district court, under the Code, either to enlarge time, or to allow an act to be done after the time limited by the Code. Comp. Laws, §§ 4939, 5098. Under existing statutes, settling bills of exception and statements, and giving notice of intention to move for a new trial, are matters not of a jurisdictional nature. Until the time for appeal has expired, all of the various steps leading up to and including a motion for a new trial may, with respect to time, after statutory time has elapsed, be taken at any time allowed by the sound judicial discretion of the trial court. This court will presume that such discretion is properly exercised in all cases until the contrary appears. Id.