Page:1889 North Dakota Session Laws.pdf/158

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162
COUNTY COURTS.

same upon the defendant as in other civil cases, at least ten days before the return day thereof. When the summons has not been served ten days before the first day of the term the cause shall stand continued until the next regular term of said court, and shall then stand for trial, without further notice to the defendant.

§ 3. COMPLAINT AND ANSWER.] In all civil actions in the county court, the plaintiff, his agent or attorney shall, before the summons is issued therein, file in such court a complaint, setting forth in ordinary and concise lauguage, his demands; and the defendant shall also, on or before the first day of the term at which the cause stands for trial, file in such court his answer containing any counter-claim or other defense he may have. Such pleadings shall be verified in like manner as pleadings are required to be verified in the district court.

§ 4. MOTIONS AND DEMURRERS.] In actions before said court, motions and demurrers shall be allowed, and the rules of practice concerning pleadings and processes in the district court shall be applicable, so far as may be, to pleadings in the county court.

§ 5. JUDGMENT.] If no answer is filed on or before the first day of the term, in any action to be tried during such term, the plaintiff may have the default of the defendant entered, and may proceed to judgment on the same on any succeeding day during the term, upon proving his cause of action.

§ 6. JURY MAY BE DEMANDED.] Either party may demand a jury for the trial of any cause pending in the county court, wherein the amount exceeds fifty (50) dollars; but such demand must be in writing and entered on the docket on or before the filing of the answer in such case.

§ 7. JURY, HOW SELECTED.] Upon the filing of such demand for a jury, the county judge shall cause a jury to be selected and summoned in the same manner as is provided for selecting jurors in civil actions before justices of the peace.

§ 8. CALENDAR. ] The county judge shall, on the first day of each term, or as soon thereafter as may be, prepare a calendar of the causes standing for trial at such term, placing the causes upon such calendar in the order in which the same are numbered on the docket, and setting the causes for trial, in such order, upon convenient days during such term; and the provisions of the code of civil procedure relative to the trial docket in the district court, shall, so far as they are in their nature applicable, apply to such calendar.

§ 9. STAY OF EXECUTION.] Any person against whom a judgment is rendered, on all sums exceeding one hundred (100) dollars, may have stay of execution in like manner as upon judgments rendered in the district court, and upon the same conditions; and upon all sums of one hundred (100) dollars and under, the same as provided for in actions before justices of the peace.

§ 10. JUDGMENT LIENS.] Any person having a judgment ren-