1862 Territory of Dakota Session Laws/Chapter 8/Title XV
TITLE XV.
MISCELLANEOUS PROCEEDINGS.
Chapter 1. Offer to Compromise.—II. Submitting a Controversy.—III. Offer to confess Judgment.—IV. Motions and Orders.
CHAPTER I.—Offer to Compromise.
Offer to compromise. How paid.Sect. 502. The defendant in an action for the recovery of money only, may, at any time before the trial, serve upon the plaintiff or his attorney, an offer, in writing, to allow judgment to be taken against him for the sum specfied therein. If the plaintiff accept the offer, and give notice thereof to the defendant or his attorney, within five days after the offer was served, the offer, and an affidavit that the notice of acceptance was delivered in the time limited, may be filed by the plaintiff, or the defendant may file the acceptance, with a copy of the order, verified by affidavit; and, in either case, the offer and acceptance shall be noted in the journal, and judgment shall be rendered accordingly. If the notice of acceptance be not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence, or mentioned on the trial. If the plaintiff fails to obtain judgment for more than was offered by the defendant, he shall pay the defendant's costs from the time of the offer.
Making of offer not cause for continuance or postponement.Sect. 503. The making of an offer, pursuant to the provisions contained in the foregoing section, shall not be a cause for a continuance of an action, or a postponement of a trial.
CHAPTER II.—Submitting a Controversy.
How parties may submit a controversy.Sect. 504. Parties to a question which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction, if an action had been brought. But it must appear, by affidavit, that the controversy is real, and the proceedings in good faith, to determine the rights of the parties. The court shall thereupon hear and determine the case and render judgment, as if an action were pending.
What constitutes the record.Sect. 505. The case, the submission, and the judgment shall constitute the record.
Judgement of same force as in an action.Sect. 506. The judgment shall be with costs, may be enforced, and shall be subject to reversal in the same manner as if it had been rendered in an action, unless otherwise provided in the submission.
CHAPTER III.—Offer to confess Judgment.
Proceedings in an offer to confess judgement.Sect. 507. After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action. Whereupon, if the plaintiff, being present, refuse to accept such confession of judgment in full of his demands against the defendant in the action, or having had such notice that the offer would be made, of its amount, and of the time of making it, as the court shall deem reasonable, fail to attend, and, on the trial, do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer. The offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff is entitled, nor be given in evidence upon the trial.
Same.Sect. 508. Before an action for the recovery of money is brought against any person, he may go into the court of the county of his residence, or of that in which the person having the cause of action resides, which would have jurisdiction of the action, and offer to confess judgment in favor of such person for a specified sum on such cause of action. Whereupon, if such person having had such notice that the offer would be made, of its amount, and of the time and place of making it, as the court shall deem reasonable, do not attend to accept the confession, or, attending, refuse to accept it, and shall afterwards commence an action upon such cause and not recover more than the amount so offered to be confessed, he shall pay all the costs of the action; and on the trial thereof, the offer shall not be deemed to be an admission of the cause or action, or amount to which the plaintiff is entitled, nor be given in evidence.
CHAPTER IV.—Motions and Orders.
A motion.Sect. 509. A motion is an application for an order addressed to the court or a judge in vacation, by any party to a suit or proceeding, or one interested therein.
Several objects may be included.Sect. 510. Several objects may be included in the same motion if they all grow out of, or are connected with, the action or proceeding in which it is made.
If required, it must be in writing, and contain what.Sect. 511. Where notice of a motion is required, it must be in writing, and shall state the names of the parties to the action or proceeding in which it is made, the name of the court or judge before whom it is to be made, the place where, and the day on which it will be heard, the nature and terms of the order or orders to be applied for, and if affidavits are to be used on the hearing, the notice shall state the fact. It shall be served a reasonable time before the hearing.
Notices of motions, how served.Sect. 512. Notices of motions mentioned in this chapter may be served by a sheriff, coroner, or constable, or by any disinterested person, and the return of any such officer, or affidavit of any such person, shall be proof of service. The service shall be on the party or his attorney of record, if the said party or his attorney be resident within the county in which the motion is made, and in case there is more than one party adverse to such motion, service shall be made upon each party or his attorney.
Same as summons.Sect. 513. The service of a notice shall be made as is required by law for the service of a summons, and when served by an officer, he shall be entitled to like fees.
Motions to strike papers from files may be with or without notice.Sect. 514. Motions to strike pleadings and papers from the files may be made with or without notice, as the court or judge shall direct.
Every direction of a court, in writing, an order.Sect. 515. Every direction of a court or judge made or entered in writing and not included in a judgment, is an order.
Orders made out of court, entered in journal.Sect. 516. Orders made out of court shall be forthwith entered by the clerk in the journal of the court, in the same manner as orders made in term.