1862 Territory of Dakota Session Laws/Chapter 8/Title II
TITLE II.
TIME OF COMMENCING CIVIL ACTIONS.
Chapter I. Actions for the Recovery of Real Property.—II. Actions other than for the Recovery of Real Property.—III. General Provisions.
CHAPTER I.—Actions for the Recovery of Real Property.
Actions for recovery of title brought within 21 years.Sect. 6. An action for the recovery of the title, or the possession of lands, tenements, or hereditaments, can only be brought within twenty-one years after the cause of such action shall have accrued.
If person is under age, married woman, insane, &c., when action to be brought.Sect. 7. If a person, entitled to commence any action for the recovery of the title or possession of any lands, tenements, or hereditaments, be, at the time his right or title shall first descend, or accrue, within the age of twenty-one years, a married woman, insane, or imprisoned, every such person may, after the expiration of twenty-one years from the time his right or title first descended, or accrued, bring such action within ten years after such disability is removed, and at no time thereafter.
Action for forcible entry and detention, when brought.Sect. 8. An action for the forcible entry and detention, or forcible detention only, of real property, can only be brought within two years after the cause of such action shall have accrued.
CHAPTER II.—Actions other than for the Recovery of Real Property.
Civil actions for other than real property brought, when.Sect. 9. Civil actions, rather than for the recovery of real property, can only be brought within the following periods after the cause of action shall have accrued.
Same.Sect. 10. Within fifteen years: An action upon a specialty, or any agreement, contract, or promise in writing.
Same.Sect. 11. Within six years: An action upon a contract not in writing, express or implied. An action upon a liability created by statute, other than a forfeiture or penalty.
Same.Sect. 12. Within four years: An action for trespass upon real property. An action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property. An action for an injury to the rights of the plaintiff not arising on contract, and not hereinafter enumerated. An action for relief on the ground of fraud; the cause of action in such case shall be deemed to have accrued, until the discovery of the fraud.
Same.Sect. 13. Within one year: An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment. An action upon a statute for the penalty or forfeiture; but where the statute, giving such action, prescribes a different limitation, the action may be brought within the period so limited.
Same.Sect. 14. An action upon the official bond or undertaking of an executor, administrator, guardian, sheriff, or any other officer; or upon the bond or undertaking given in attachment, injunction, arrest, or in any case whatever required by statute, can only be brought within ten years after the cause of action shall have accrued; but this section shall be subject to the qualification in section six.
Same.Sect. 15. An action for relief not hereinbefore provided for, can only be brought within ten years after the cause of action shall have accrued.
If under age, married woman, &c.Sect. 16. If a person, entitled to bring any action mentioned in this chapter, except for a penalty or forfeiture, be, at the time the cause of action accrued, within the age of twenty-one years, a married woman, insane, or imprisoned, every such person shall be entitled to bring such action within the respective times limited by this chapter, after such disability shall be removed.
CHAPTER III.—General Provisions.
Actions, when commenced.Sect. 17. An action shall be deemed commenced within the meaning of this title, as to each defendant, at the date of the summons, which is served on him, or on a co-defendant, who is a joint contractor, or otherwise united in interest with him; where service by publication is proper, the action shall be deemed commenced at the date of the first publication, which publication must be regularly made. An attempt to commence an action, shall be deemed equivalent to the commencement thereof, within the meaning of this title, when the party faithfully, properly, and diligently endeavors to procure a service; but such attempt must be followed by service within sixty days.
If defendant absconds or conceals himself, time not to be computed.Sect. 18. If when a cause of action accrues against a person, he be out of the territory, or have absconded, or concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the territory, or while he is so absconded or concealed; and if after the cause of action accrues, he depart from the territory, or abscond or conceal himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought.
Where cause of action has arisen in another state.Sect. 19. Where the cause of action has arisen in another state or country between non-residents of this territory and by the laws the state or country where the cause of action arose, an action cannot be maintained thereon by reason of lapse of time, no action can be maintained thereon in this territory.
If plaintiff fails other than upon merits, may renew action within one year.Sect. 20. If an action be commenced within due time, and a judgment therein for the plaintiff be reversed, or if the plaintiff fail in such action otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if he die and the cause of action survive, his representatives may commence a new action within one year after such reversal or failure.
Cases founded on contract, partly acknowledged.Sect. 21. In any case, founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgement of an existing liability, debt, or claim, or any promise to pay the same shall have been made, an action may be brought on such case within the period prescribed for the same, after such payment, acknowledgment, or promise.