1862 Territory of Dakota Session Laws/Chapter 8/Title I
TITLE I.
FORM OF CIVIL ACTIONS.
Form of action.Sect. 3. There shall be but one form of action, which shall be called a civil action.
Parties, how known.Sect. 4. In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defendant.
No feigned issues. Ouestion of fact, how tried.Sect. 5. There can be no feigned issues; but a question of fact, not put in issue by the pleadings, may be tried by a jury, upon an order for the trial, stating, distinctly and plainly, the question of fact to be tried, and such order is the only authority necessary for a trial.