Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-20
proper act to be done on such terms as NAV

ptoPOA ~ uO1O jill SuCu LCTmS as m8V
be just.
Sec "a. WHAT ORDERS REv1EwABLE.l
The following orders, when made by the
court, may be carried to the supreme
court.
First. An order affecting a substantial
right, made ln'any action, when such order
in effect determines the action and pre-
vents a Judgment from which an appeal
might be taken.
Second. A final order affecting a sub
~stantial right, made in special proceed
ings, or'upon a summary application in an
action after judgment.
Third. When an order grants. refuses,
continues or modifes a provisional remedy,
or grants, refuses. modities Or dlssolves an
injunction; when it sets aside or dismisses
a writ OF attachment for irregriarity: when
it grants or refuses a new trial, or when it
sustalnS or overrules a demurrer.
fourth. When it involves the merits of
an action or some part thereof; when it
orders Judgment on application therefor.
on account of the righteousness of a de-
murrer, answer or reply: or strikes off
such demurrer, answer or reply on account
of the righteousness thereof.
Fifth. From orders made by the dis
to set aside orders made at
chambers where by the provis-
ions of this act an appeal might have been
taken, in case the order so made at cham
beers HAD been granted or denied by the
district court in the first instance. For the
purpose OF an appeal from an order, either
party may require the order to be entered
by the clerk OF record, and it shall be en-
tered accordingly.
SEC 20. DETERMINATION OF APPEAL
QUESTIONS OF FACT REVIh WED-WHEN,1
Upon an appeal from a Judgment the su-
preme court may review any intermediate
order or determination of the court below
Nh lnV0IVAN TIM nnrif ntl
affect the Judgment, appearing upon the
record transmitted or returned from the
district court, whether the same were
excepted to or not; nor shall it be neces-
sary IN any case to take any exception or
settle any bill Of exception to enable the
supreme court to review any alleged error
which would, without a bill of exceptions,
appear upon the face OF the record. ANY
questions OF fact or OF law. decided upon
trials BY the court or by referee, NAV be
reviewed when exceptions to the findings
OF fact have been duly taken by either
party and returned.
SEC. 26. COURTS POWER AS TO .1,1DG-
MENT OR oRDER-GRANT REHEAR1NG-
GLEkh TO TRANSMIT CERTAIN PAPERs.1
upon an appeal from a iud ment or order,
the supreme court may reverse, affirm or
modify the Judgment or order, and as to
any ana all OF the parties; and may, if nee
essary or proper, order a new trial, and if
the appeal Is from a part of the Judgment
or order, may reverse, affirm or modify as
TO the part appealed from. In all caseSthe
supreme court shall remit its Judgment or
decision to the court from which the ap-
peal was taken, to be enforced accordingly:
and II from a Judgment, final Judgment
snail thereupon be entered in the courts
below IN accordance Herewith, except
where otherwise ordered. The clerk Of
the supreme court shall remit to
such court the papers transmitted to the
supreme court on the appeal, together
with the Judgment or decision of the
supreme court thereon, within sixty days
after the same Shall have been made. un-
less the supreme court, on application
OF either OF the parties, shall direct them
such parties to move for a re.hearing.
In case such motion for a re.
hearing is denied, the papers shall be
RENTED within twenty days after such
denial. The clerk of the supreme court
shall in all cases, except when the order of
Judgment is affirmed, also transmit with
the papers so returned by him a certified
copy OF the opinion OF the supreme court,
and his fees for such copy shall be taxed
and allowed with his other fees in the
case.
SEC. q. WHEN NEW TRIAL ERR
TIME L%IMITED.] In every case on appeal in
which the supreme court shall order a new
trial, or further proceedings in the court
below, the record shall be transmitted to
such court, n proceedings had therein
within one year from the date of such
order in the supreme court, or in default
thereof, the action shall be dismissed, un-
less upon good cause shown the court
shall otherwise order.
SEC. ~. REPEAL OF CONFLICTING ACrs,1
That chapter two(2)andc ,apter sixteenU61
of the code of civil procedure, Dakota
territory. as published in Lpvisee's code:
and chapter twenty(20)and chapter twenty
six (26) OF the session laws of Dakota terri
tory OF the year 1887, also sections b21S to
5239, both inclusive, of the compiled laws
of Dah ota territory for the year 1887, and
all acts and parts OF acts inconsistent here
with are hereby expressly repealed.
Sec 20. EMERGENCY.] Whereas, there
Is no adequate law governing appeals from
the district courts to the supreme court
and it is essential that the same be fxpda
soon AS practicable, and long before July
l. 1891; therefore an emergency exists, and
this act shall take effect and be in full
force from and after its passage and ap-
prevail.
Approved February II, 1891.
AMENDING AN ACT APPROVED
FEBRUARY II, 1891.