REFER TO SECTIONS.] SHERIFF, Continued. to sell property attached on order of Court, 654. SIGNATURE, to include mark, 647. SINGULAR NUMBER deemed to include the plural, 647. what complaint to contain, 62. defendant may allege the truth of defamatory matter in his answer, 63. SPANISH LANGUAGE, in what counties summons and other process may be pleadings in certain counties may be in, by consent, 646. STATE, where action tried when defendants are nonresidents of the, 20. service of summons to be made by publication on nonresidents of, 30, 544. defendant departing from, with intention to defraud creditors, may be attachments may be issued on contracts made or payable in, 120, 551. how affidavits taken in another, 425. how affidavits taken in a foreign, 426. STATEMENT, on motion for a new trial, 194. on appeal, what to contain, and on whom served, and when to be made, 338. when settled or agreed upon to be filed with Clerk, 341. to be annexed to the judgment roll or order appealed from, 342. to be furnished by appellant to appellate Court, 346. on appeal to County Court on questions of law, 366. in case of contempt, 481. of case in Justices' Courts, 538. on confession of judgment to be sworn to, 376. STATUTES, private, how pleaded, 61. evidence of, of other States, 453. of limitation, when cannot be pleaded, 371. STAY OF PROCEEDINGS, may be granted after judgment, 197. may be granted on appeal, 349. undertaking necessary to, 309, 350, 351, 352, 353, 356. on writ of review, 459. See JUSTICES' COURTS. STEAMERS, actions against, and other vessels, 317–332. liable for service on board, 317. liable for supplies furnished, 317. liable for materials for their construction or repair, 317. liable for wharfage and anchorage, 317. liable for non-performance or mal-performance of contract, 317. liable for injuries to persons or property, 317. causes of action against, to be liens upon, 317. actions may be brought directly against, 318. complaint to designate, 319. on whom summons, etc., served, 320. may be attached, 321. undertaking on attachment against, 322. Sheriff to attach, 323. undertaking to release attachment against, 324. in actions against, who may answer, 325. proceedings against, how conducted, 326. when attachment against, may be discharged, 327. claim against, how asserted, 329. claim against, how contested, 330. SET-OFF, Continued. judgment to be given for excess of, over plaintiff's demand, 199. SERVICE, of summons, how effected, 28. of notices and papers, how effected, 520. SHAM answers and defenses may be stricken out, 50. to be attached on execution, 217. SHERIFF, where, and for what cause, may be sued, 19. deputy, may serve process, 28. how order of arrest executed by, 79. defendant arrested may surrender himself to, 82. to file order of arrest in Court, 86. liable if defendant escape, 95, 96. to approve undertaking in replevin, 102. to serve affidavit, notice and copy of undertaking on defendant in replevin, 102. to take property in replevin, 101, 107, 108. to be responsible for property in replevin till sureties justify, 105. may break inclosure to take property, 107. to keep property till fees are paid, 108. to file replevin papers in Court, 110. to receive indemnity bond in replevin, 109. attachments may issue to Sheriffs of different counties, 123. how to execute attachment, 125. to serve papers on debtors of defendants, 126. to garnishee, 126. may sell perishable property, 130. to execute attachment without delay, 125. to take inventory of property, 129. to collect debts and credits, 130. how to sell property attached, 130. jury of, in attachment, 131. how to satisfy judgment in attachment, 132. to retain his fees out of the proceeds of sales, 133. to redeliver attached property to defendant when judgment paid, 133. when to deliver property attached to defendant, 135, 136. shall return writ of attachment, 137. to summon jury, 159. to keep jury together, 166. to levy on execution, 210. to return execution, 212. jury of, to try claims to property in execution, 218. how to execute writ of execution, 220. shall give notice of sale under execution, 221. penalty against, for not doing it, 222. not to be a purchaser at execution sale, 223. to follow directions of judgment debtor as to sale, 223. shall give receipt for debts collected belonging to judgment debtor, 240. to attach steamers, etc., 323. to sell vessels, etc., under execution, 338. to serve subpoena, 405. to serve warrant for contempt, 484. to receive bail, 485. to return writ and undertaking, 486. REFER TO SECTIONS.] SUPREME COURT, Continued. appeals to, from County Courts, 349-362. Judge of, may order prisoner to be examined as witness, 412. appeal to, from judgment, 465. decisions of, to be in writing, 657. may make rules, 643. rules of, p. 611. SUPREME COURT CLERK, to copy points and authorities of parties appeal- ing, 357. to certify judgment on appeal and send remittitur, 358. SURETIES, on same or separate instrument, may all be joined in one action, 75. may be given and defendant be discharged from arrest, 81. may surrender defendant, 82. may arrest or cause defendant to be arrested, 83. justification of, on release of defendant from arrest, 87. qualification of, on arrest, 88. may be examined as to property, 89. to execute replevin undertaking, 102. must justify, 103. on undertaking to release property replevied, 105. qualifications of, on indemnify bond to Sheriff, 109. to undertaking attachment, 122. defendant to give undertaking with two, in order to release attachment, 123. qualifications of, 137. justification of, 137. in attachment against steamers, 322. in attachment on release of, 323. on undertaking on appeal, 348-350, 352, 355, 356. on release bond for contempt, 485. on undertaking for costs, 512. qualifications of, 513. may compel party for whom they are bound to pay debt, 527. on writ of error, (Supreme Court Rules, No. 27) p. 615. See JUSTICES' COURTS. SURGEON, not to be a witness in certain cases, 398. SURPLUS MONEY on foreclosure to be paid to defendant, 247. SURPRISE, Court may relieve a party from a judgment taken through, 68. SURVEY, Court may allow, where claims to property are conflicting, 258, 259. T TAX, COURT, to be applied to pay salary of Judge, 509. TENANTS, joint, in common, etc., may bring action for partition, 264. See PROPERTY, REAL; PARTITION OF REAL PROPERTY. of money before suit brought, 506. See JUSTICES' COURTS. TESTIMONY, may be taken down by Clerk, 663. of witness to be taken on postponement if required, 664. TESTIMONY, Continued. of witness out of the State when may be taken, 432. how commission executed, 434-436. of a witness may be perpetuated, 437. proceedings to perpetuate, 437-442. See WITNESS. THINGS IN ACTION, assignor of, in certain cases not to be a witness for assignee, 4. action by assignee of, not to prejudice existing set-off, 5. THIRD PERSONS, claim of, in replevin, 109. claim of, in attachment, 131. claim of, on execution, 218. See JUSTICES' COURTS. TIME, in which defendant may answer, 25. answer may be made by order of Court after, limited by act, 68. to file statement on motion for a new trial, 195. in which an appeal may be taken, 336. to file statement on appeal, 338. to file an undertaking on appeal, 348. may be enlarged for preparing statement on appeal, 340. to except to sureties on appeal undertaking, 355. within which to notify party's intention to be a witness, etc., 422. of notice for deposition, 429. of application for mandamus, 471. for arbitration to be fixed, 383. of service by mail, 522. computation of, in this act, 530. TOOLS exempt from execution, 219. TOWNSHIP, in which, defendant to be held to answer, 535. See JUSTICES' COURTS. TRANSCRIPT, of judgment filed in other county to be a lien, 207. See JUSTICES' COURTS. TREASURER, may retain salary of officers in certain cases, 479. TRESPASS, actions for, 251. TREES, trespass in cutting, 251. TRIAL, of actions where, 18-21. of issue of facts not in pleadings, 3. when juror sick how, to proceed, 164. of action upon disagreement of jury, 169. by jury may be waived, when exceptions at, 188–191. of issue on mandamus, 472. See NEW TRIAL; PLACE OF TRIAL; EXCEPTIONS. TRUSTEE, of an express trust, who is, 6. may sue by himself, 6. claims against, may be joined, 64. Court may order money held by, to be deposited in Court, 142. when, to pay costs, 507. U UNDERTAKING, effect of, on arrest, 76. justification of sureties on, 76. shall be filed with the Clerk of the Court, 76. on discharge from arrest, 81. disposition of, on arrest, 86. deposit to be returned on filing an, 93. on claim and delivery of personal property, 102. defendant may claim re-delivery of property on filing, 104. REFER TO SECTIONS.] SUPREME COURT, Continued. appeals to, from County Courts, 349-362. Judge of, may order prisoner to be examined as witness, 412. appeal to, from judgment, 465. decisions of, to be in writing, 657. may make rules, 643. rules of, p. 611. SUPREME COURT CLERK, to copy points and authorities of parties appeal- ing, 357. to certify judgment on appeal and send remittitur, 358. SURETIES, on same or separate instrument, may all be joined in one action, 75. may be given and defendant be discharged from arrest, 81. may surrender defendant, 82. may arrest or cause defendant to be arrested, 83. justification of, on release of defendant from arrest, 87. qualification of, on arrest, 88. may be examined as to property, 89. to execute replevin undertaking, 102. must justify, 103. on undertaking to release property replevied, 105. qualifications of, on indemnify bond to Sheriff, 109. to undertaking attachment, 122. defendant to give undertaking with two, in order to release attachment, 123. qualifications of, 137. justification of, 137. in attachment against steamers, 322. in attachment on release of, 323. on undertaking on appeal, 348-350, 352, 355, 356. on release bond for contempt, 485. on undertaking for costs, 512. qualifications of, 513. may compel party for whom they are bound to pay debt, 527. on writ of error, (Supreme Court Rules, No. 27) p. 615. See JUSTICES' COURTS. SURGEON, not to be a witness in certain cases, 398. SURPLUS MONEY on foreclosure to be paid to defendant, 247. SURPRISE, Court may relieve a party from a judgment taken through, 68. SURVEY, Court may allow, where claims to property are conflicting, 258, 259. T TAX, COURT, to be applied to pay salary of Judge, 509. TENANTS, joint, in common, etc., may bring action for partition, 264. for less than ten years not to be affected by partition, 280. whose estate has been sold to receive compensation, 290. See PROPERTY, REAL; PARTITION OF REAL PROPERTY. TENDER, of money on redemption, 233. of money before suit brought, 506. See JUSTICES' COURTS. TESTIMONY, may be taken down by Clerk, 663. of witness to be taken on postponement if required, 664. |