Page:1862 Territory of Dakota Session Laws.pdf/68

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CHAP. VIII.]
CIVIL PROCEDURE.
51

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