Imágenes de páginas
PDF
EPUB

CHAPTER II.

TIME ALLOWED

DEFENDANT TO ANSWER-PLACE

OF TRIAL OF CIVIL ACTIONS.

TIME ALLOWED DEFENDANT TO ANSWER.

Ten days if served in the county; twenty days if served outside the county, but in the district; forty days in all other cases.

PLACE OF TRIAL OF CIVIL ACTIONS.

Actions for the recovery of real estate, or for injuries thereto, for partition thereof, or for foreclosure of mortgage thereon, must be tried in the county where the same is situated.

Actions for the recovery of a penalty or forfeiture imposed by statute, or against a public officer, must be tried in the county where the cause arose.

In all other cases the action is to be tried in the county in which the defendant may reside, or in the county where the plaintiff resides and the defendant may be found.

CHAPTER III.

LIMITATION OF ACTIONS.

Upon a judgment or decree of a United States Court, or of any State or Territory, six years.

Upon any contract, obligation or liability, founded upon an instrument of writing, six years.

Actions for the recovery of real property, or the possession thereof, must be commenced within five years.

Actions for waste or trespass upon real property; for a liability created by statute, other than a penalty or forfeiture; for taking, detaining or injuring goods or chattels, and for relief on the ground of fraud, must be commenced within two years.

Actions against a Sheriff, Coroner, or Constable, for any act in his official capacity, must be commenced within two years.

Actions upon an account, contract, obligation or liability not founded upon an instrument of writing, must be commenced within two years.

An action for libel, slander, assault, battery or false imprisonment, must be commenced within two years.

An action upon a statute for a penalty or forfeiture, or an action against a Sheriff or other officer for the escape of a prisoner, arrested upon civil process, must be commenced within one year.

There is no limitation upon the right to maintain an action for the recovery of money or other property deposited with any bank, banker, trust company, or savings and loan society.

Actions for relief not provided for, as above, must be commenced within three years after the cause of action accrued.

If the party against whom the action accrues is out of the Territory at the time, the statute does not run until his return, and if, after the action has accrued, he depart from the Territory, the time of his absence is not a part of the time limited for the commencement of an action. A part payment revives a debt which has been No acknowledgment or promise is sufficient to take a case

barred.

out of the statute, unless it be in writing and signed by the party to be charged. A cause of action arising in any other State or Territory, and barred by the laws of such State or Territory, cannot be maintained here.

CHAPTER IV.

ATTACHMENTS-ARRESTS IN CIVIL CASES.

ATTACHMENTS.

An attachment will issue in all cases where an affidavit is made by or on behalf of the plaintiff, that the defendant is indebted to the plaintiff upon a contract for the payment of money, gold dust or other property then due, which is not secured by a mortgage, lien or pledge upon either real or personal property; and upon giving an undertaking in double the amount of the debt sought to be recovered, unless the sum claimed equals or exceeds ten thousand dollars, in which case the undertaking is only required to be in the sum of ten thousand dollars, conditioned that the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of such attachment, if the defendant recovers judgment, or the Court finally decides that the plaintiff was not entitled to an attachment.

ARRESTS IN CIVIL CASES.

Arrest may be had in all cases of fraud, or when the action is for willful injury to person or character, or to property, knowing the property to belong to another.

CHAPTER V.

JUDGMENT LIENS, EXECUTIONS, EXEMPTIONS, SALE, AND REDEMPTION.

A judgment rendered by the District Court is a lien upon all the real estate of defendant in the county wherein it is docketed, and is such lien for the period of six years.

Execution may be issued at any time within six years after the entry of the judgment. Executions may be issued to several counties at the same time.

The following articles are exempt from execution: Wearing apparel of judgment debtor and family; also, all chairs, tables, desks, to the value of $100; all necessary household and kitchen furniture, including stoves, stovepipes and stove furniture, beds, bedding and provisions, and fuel actually provided for use sufficient for two months; and also one horse, two cows with their calves, two swine and fifty domestic fowls; also to a farmer, farming utensils not exceeding in value six hundred dollars, also two oxen or one horse, or mule and their harness, two cows, one cart or wagon, and food for such animals for three months; also all seed grain or vegetables actually reserved for planting or sowing at any time within six months, not exceeding in value the sum of two hundred dollars.

To a mechanic or artisan, tools or implements necessary to carry on his trade.

To a physician, surgeon or dentist, the instruments and chest necessary to the exercise of his profession, together with his library.

To an attorney at law, or a minister of the gospel, their libraries. To a miner, his cabin, not to exceed in value $500; also his sluices, pipes, hose, windlasses, derrick, cars, pumps, tools, implements and appliances necessary for mining, not exceeding in value in the aggregate the sum of $500; also one horse or mule, or two oxen, and food for the same for three months, and their harness, when necessary to be used for any windlass, derrick or pump.

To a cartman, truckster, peddler, teamster or laborer, one horse or

mule, or two oxen and their harness, and one cart or wagon, by the use of which such person habitually earns his living; also food for such animals for three months.

Also the earnings of the judgment debtor for thirty days next preceding the levy of execution, when such earnings are necessary for the support of the debtor's family.

A homestead not exceeding in value $2,500; if agricultural land, not more than 160 acres; if within the limit of a town or city or village, not more than one-fourth of an acre.

The Sheriff is required to give notice of sale as follows: by posting notice of the time and place of such sale in three public places of the township or city where the sale is to take place, for such time as may be reasonable in case of perishable property; in case of other personal property, not less than five nor more than ten days.

In case of real property, by posting a similar notice for twenty days, and publishing a copy thereof once a week for the same period, in some newspaper published in the county, if there be one. In all sales of real property, where the estate is greater than the unexpired term of a two years' lease, the same may be redeemed within six months from such sale, by-first, the judgment debtor; second, a creditor having a lien by judgment or mortgage on the property sold, or some part thereof.

« AnteriorContinuar »