1862 Territory of Dakota Session Laws/Chapter 8/Title IV
TITLE IV.
THE COUNTY IN WHICH ACTIONS ARE TO BE BROUGHT.
Actions brought, in what county.Sect. 42. Actions for the following causes, must be brought in the county in which the subject of the action is situated, except as provided in section forty-four: 1. For the recovery of real property, or of an estate or interest therein. 2. For the partition of real property. 3. For the sale of real property under a mortgage, lien, or other incumbrance or charge.
Same.Sect. 43. If the real property, the subject of the action, be an entire tract and situated in two or more counties, or if it consists of separate tracts situated in two or more counties, the action may be brought in any county in which any tract, or part thereof, is situated, unless it be an action to recover the possession thereof. And if the property be an entire tract, situated in two or more counties, an action, to recover the possession thereof, may be brought in either of such counties; but if it consists of separate tracts in different counties, the possession of such tracts must be recovered by separate actions brought in the counties where they are situated. An action to compel the specific performance of a contract of sale of real estate, may be brought in the county where the defendants, or any of them, reside.
Same.Sect. 44. Actions for the following causes must be brought in the county where the cause, or some part thereof, arose: 1. An action for the recovery of a fine, forfeiture, or penalty, imposed by a statute; except that, when it is imposed for an offence committed on a river, or other stream of water, or road, which is the boundary of two or more counties, the action may be brought in any county bordering on such river, water-course, or road, and opposite to the place where the offence was committed. 2. An action against a public officer, for an act done by him in virtue, or under color of, his office, or for a neglect of official duty. 3. An act on the official bond or undertaking of a public officer.
Same.Sect. 45. An action other than one of those mentioned in the first three sections of this chapter, against a corporation created by the laws of this territory, may be brought in the county in which it is situated, or has its principal office or place of business; but if such corporation be an insurance company, the action may be brought in the county where the cause of action, or some part thereof, arose.
Same.Sect. 46. An action against a railroad company, or an owner of a line of mail stages, or other coaches, for an injury to person or property upon the road or line, or upon a liability as a carrier, may be brought in any county, through or into which the road or line passes.
Same.Sect. 47. An action other than one of those mentioned in the first three sections of this chapter, against a turnpike-road company, may be brought in any county in which any part of the road lies.
Same.Sect. 48. The provisions of this chapter shall not apply in the case of any corporation created by a law of this territory, whose charter prescribes a place, where alone suit against such corporation may be brought.
Same.Sect. 49. An action other than one of those mentioned in the first three sections of this chapter, against a non-resident of this territory or a foreign corporation, may be brought in any county in which there may be property of, or debts owing to, said defendant, or where said defendant may be found; but if said defendant be a foreign insurance company, the action may be brought in any county where the cause, or some part thereof, arose.
Same.Sect. 50. Every other action must be brought in the county in which the defendant or some one of the defendants resides, or may be summoned.
When and how case may be removed to another county.Sect. 51. In all cases in which it shall be made to appear by affidavit to the satisfaction of the court, that a fair and impartial trial cannot be had in the county where the suit is pending, the court may change the place of trial to some adjoining county, wherein such impartial trial can be had; but if the objection shall be against all the counties of the district, then to the nearest county in the adjoining district.