Page:1862 Territory of Dakota Session Laws.pdf/155

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138
CIVIL PROCEDURE.
[CHAP. VIII.

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.

TITLE XVI.

ERROR IN CIVIL CASES.

Judgements and orders of inferior courts may be reversed, &c., by district court.Sect. 517. A judgment rendered, or final order made, by a justice of the peace or any other tribunal, board, or officer, exercising judicial functions, and inferior in jurisdiction to the district court, may be reversed, vacated, or modified by the district court.

Final orders which may be vacated, &c.Sect. 518. An order affecting a substantial right in an action, when such order in effect determines the action and prevented a judgment, and an order affecting a substantial right made in a special proceeding, or upon a summary application in action after judgment, is a final order which may be vacated, modified, or reversed, as provided in this title.

Judgements and orders of dis-Sect. 519. A judgment rendered or final order made by