Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-18
THE LAWS.

THE LAWS.
PRACTICE IN COUNTY COURTS
An kct Fixing the Terms of Court and Defining
the Practice in County Courts Having Civil
and Criminal Jurisdiction.
Be It Enacted By the Legislative Assembly Of the
State of North Dakota:
SECTION /. It shall be the duty of the
county Judge in each county in this state,
court shall be hereafter increased by vote
Of the people, to hold a regular term of the
county court at his Office at the county seat
or at some place at the county seat to be
designated by him, commencing at 8
O'Clock, a. m, on the first Monday OF each
calendar month, for the trial Of such civil
court. Such regular term shall be deemed
to be open without any formal adjourn
menr thereof until the third Monday of the
same month, when all causes not then
finally determined shall be continued by
such court TO the next regular term, but
such courts shall be deemed to be always
open for the filing Of papers and Issuance
Of process in civil actions, and for the pur-
pose of taking and entering judgment by
confession.
SEC. 2. In all cases commenced in said
courts, it shall be the duty of the county
Judge to issue a summons, returnable on
the first day of the next term of said court,
if there be ten days intervening between
the issuance OF the summons and the first
day of the term and if not then to be made
returnable on the first day of the next term
thereafter, which summons shall be directed
and delivered to the sheriff or any consta-
bic of said county, and the sheriff or con-
l. rk@1 ~1r,,y1 k1n my, yYnnvN fhh 10
PENDANT as IN other civil cases, at least ten
days before the return day thereof. When
the summons has not been served ten days
before the first day of the term the cause
shall stand continued until the next regu-
lar term OF said court, and shall then stand
for trial, without further notice to the de-
fendant.
SEC. 3. In all civil actions in the county
court, the plaintiff, his agent or attorney
shall, before the summons is issued therein,
file in such court a complaint, setting forth
In ordinary and concise language, his de-
mands; and the defendant shall also, on or
before the first day of the term at which
his answer containing any counter-clalm
or other defense he may have. Such plead
ings shall be verified in like manner as
pleadings are required to be verified IN the
district court.
SEC. 4. In actions before said court, mo-
tions and demurrers shall be allowed, and
the rules OF practice concerning pleadingS
and processes in the district court shall be
applicable, so far as may be, to pleadings
in the county court.
SEC. s. If no answer is filed on or before
the first day of the term, in any action to
be tried during such term, the plaintiff may
have the default of the defendant entered,
on any succeeding day during the term,
upon proving his cause Of action.
SEC. 6. Either party may demand a jury
for the trial of any cause pending IN the
county court, wherein the amount exceeds
fifty (5O) dollars; but such demand must be
in writing and entered on the docket on
or before the filing Of the answer In such
case.
SEC Z. Upon the filing of such demand
for a jury, the county judge shall cause a
jury to be selected and summoned in the
same manner as is provided for selecting
jurors in civil actions before justices of the
SEC. 8. The county judge shall, on the
first day of each term, or as soon thereafter
as may be, prepare a calendar Of the
causes standing for trial at such term,
placing the causes upon such calendar in
the order in which the same are numbered
on the docket, and setting the causes for
.trial,in such order, upon convenient days
during such term; and the provisions Of
the code of civil procedure relative to
tie trial docket in the district court, shall,
so far as they are in their nature applica-
BILE. apply to such calendar. :
SEC 9. Any person against whom a
judgment is rendered, on all sums exceed.
ing one hundred dollars, may have stay OF
execution in like manner as upon judy
spepts rendered in the district court, and
upon the same conditions; and upon all
sums of one hundred dollars n under,
the same as provided for in actions before
justices of the peace.
SEC. 10. Any person having a judgment
rendered by a county court may cause a
transcript thereof to be filed in the Of
fee of the clerk of the district court in any
county of this state, and when said tran
script is so filed, and entered upon the
Judgment record, such judgment shall be a
lien upon real estate in the county where
the same is filed, and when the same is so
filed and entered upon such Judgment
book, the clerk of such court may issue ex-
ecution thereupon in like manner as exc.
cution is issued upon judgments rendered
nathe district court.
SEC. II. The county judge shall issue
execution on judgments rendered by said
court: and the proceedings upon any such
vided by law governing executions issued
upon the judgments Of a justice OF the
peace. Is
SEC. IL. All writs, citations, and all pro-
cess in civil actions, issuing. out OF any
conaty, court, shall be under "! h the sea-
Judge.
SEC. 10. All process in civil actions in
such court shall be directed to the sheriff
or any constable of the county and the
same shall. be served by the officer to
whom 1t Is, directed, and return thereof
for any neglect or omission to do so. he
and his anreties NAV he proceeded against