Page:1862 Territory of Dakota Session Laws.pdf/543

not rest form, 109. CIVIL PROCEDURE - Continued. oral examination - definition of, 105. Afidavit. may be used, how, 106. how made and authenticated, 106. Depositions to be used, in what cases, 106. parties may commence to take, when, 106. Oficers who may take them, 106. in territory, 106. out of territory, 106. officer taking must not be interested, 106. granted to take, by whom and how, 106. Manner of taking and authenticating them, 106. notice of taking to be given, how and when, 106. notice by publication to be given, how, 107. deposition to be written in whose presence and signed, 107. to be sealed, and indorsed and remain so, how long, 107. deposition thus taken, evidence in what cases, and how, 107. may be read in any stage of action, 107. sufficiently authenticated, when, 108. certificate of officer taking to contain what, 108. the court must be satisfied that attendance of witness cannot be procured, 108. depositions filed one day before trial, 108. fees allowed for taking depositions, 108. Exception to Depositions, 109 not regarded unless made and filed before trial, 109. questions arising decided before trial, 109. errors in decisions of court waived unless excepted, 109. Admission, Inspection, and Production of Documents, and General Provisions, 109. papers and documents in evidence, and their genuineness, 109. may demand of the other inspection or copy of book, paper, or docu- ment, 109. party may demand copy of deed, writing, &c., 110. if refused in either case, 110. printed copies in volumes of statutes, code, or law, admitted as evidence, 110. Proceedings to perpetuate Testimony, 110. aced by filing a petition, to contain what, 110. order for examination, prescribe what, 111. cross interrogatories prepared by whom, and when, 111. depositions taken before whom, and returned to clerk of court, 111. court approve and order them filed, and may be given in evidence, 111. applicant for proceedings to pay costs, 112. JUDGMENT-in General, 112. definition of, 112. ha how given, and to determine what, 112. court may dismiss petition, when, 112. action dismissed without prejudice, when, 112. defendant may proceed to trial if plaintiff dismiss or fail to appear, 113. Judgment upon failure to Answer, 118. Judgment by Confession, 118. when permitted, 118 debt or cause to be briefly stated in such judgment or in filed writing, 118. to authorize proceedings for enforcement, same as other judgments, 118. if attorney confess judgment, he shall produce warrant of attorney, 118. warrant of attorney of no force unless properly witnessed, 118. Manner of giving and entering Judgment, 114. PAT. either either