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SEC. 3. Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in this chapter; but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract.

SEC. 4. In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defence existing before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred, in good faith and upon valuable consideration, before due.

SEC. 5. An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for whose benefit it is prosecuted. It shall not be necessary to make an insane person a joint party with his guardian or committee, except as may be required by statute.

SEC. 6. In all cases where actions survive, they may be commenced by or against the representatives of the deceased, to whom the interest of the subject-matter of the action has passed.

SEC. 7. When a married woman is a party, her husband must be joined with her; except

First. When the action concerns her separate property, she may sue alone.

Second. When the action is between herself and her husband, she may sue and be sued alone; but when her husband cannot be joined with her, as is herein provided, and she is an infant under twenty-one years of age, she shall prosecute and defend by her next friend.

SEC. 8. If a husband and wife be sued together, the wife may defend in her own right; and if the husband neglect to defend, she may defend in his right also.

SEC. 9. The action of an infant must be brought by his guardian or next friend. When the action is brought by his next friend, the court shall have power to dismiss it, if it is not for the benefit of the infant, or to substitute the guardian of the infant, or any person as the next friend.

SEC. 10. The defence of an infant shall be by guardian for the suit, who may be appointed by the court in which the action is prosecuted. The appointment may be made upon the application of the infant, if

he be of the age of fourteen years, and apply within fifteen days after the return of the summons. If he be under the age of fourteen, or neglect so to apply, the appointment may be made upon the application of any friend of the infant, or on that of the plaintiff in the action.

SEC. 11. All persons having an interest in the subject of the action and in obtaining the relief demanded, shall be joined as plaintiffs, except as otherwise provided in this chapter.

SEC. 12. Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the questions involved therein.

SEC. 13. Of the parties to the action, those who are united in interest shall be joined as plaintiffs or defendants; but if the consent of one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason being stated in the complaint.

SEC. 14. When the question is one of common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.

SEC. 15. Persons severally and immediately liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, may all or any of them be included in the same action, at the option of the plaintiff.

SEC. 16. No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein during its pendency, if the cause of action survive or continue. In the case of the marriage of a female party, the fact being suggested on the record, the husband may be made a party with his wife; and in case of the death or other disability of a party, the court may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.

SEC. 17. The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the

controversy cannot be had without the presence of other parties, the court shall cause them to be joined as proper parties.

SEC. 18. When, in an action for the recovery of real or personal property, any person having an interest in the property applies to be made a party, the court may order it to be done by the proper amendment.

SEC. 19. A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time. before answer, upon affidavit that a person not a party to the action, and without collusion with him, makes against him a demand for the same debt or property, upon due notice to such person and to the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person, as the court may direct, and the court may, in its discretion, make the order.

SEC. 20. An unmarried female may prosecute as plaintiff an action for her own seduction, and recover such damages as may be assessed in her favor.

SEC. 21. A father, or, in case of his death or desertion of his family, the mother, may prosecute as plaintiff for the seduction of the daughter, though the daughter be not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there be no loss of service.

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SECTION

10. What proceedings necessary before a judgment shall be opened.

11. Purchasers in good faith not to be affected.

12. Proceedings when the names of parties
are not known.

13. When clerk may issue another summons.
14. Proceedings where there are several
defendants, and some only served.
15. Voluntary appearance equivalent to

suinmons.

9. When a party proceeded against by publication may have a judgment opened. SECTION 1. Civil actions shall be commenced by the filing of a complaint with the clerk, and the issuing of a summons thereon. The action shall be deemed to be commenced from the time of issuing the summons; but as to those against whom publication is made, from the time of the first publication.

SEC. 2. The clerk shall endorse on the complaint, the day, month, and year the same is filed; and at any time after the filing, the plaintiff may have a summons issued, which shall be directed to the defendant, and shall be signed by the clerk, and issued under the seal of the court, and shall be made returnable on the first day of the next term of court.

SEC. 3. The summons shall require the defendant to appear and answer the complaint, or that judgment by default will be taken against him.

SEC. 4. There shall also be inserted in the summons a notice, in substance, as follows:

1. In an action arising on contract for the recovery of money or damages only, that the plaintiff will take judgment for a sum specified therein, if the defendant fail to answer the complaint.

2. In other actions, that if the defendant fail to answer the complaint, the plaintiff will apply to the court for the relief demanded therein.

SEC. 5. The summons shall be served by the marshal of this District, or by his deputy, or by a person specially appointed by him, or by a person appointed by the court. The summons shall be returned,

with the certificate of the officer of its service, to the office of the clerk from which the summons issued.

SEC. 6. The summons shall be served by delivering a copy thereof, as follows:

1. If the suit be against a corporation, to the president or head of the corporation, secretary, cashier, or managing agent thereof.

2. If against a minor, to such minor personally, and also to his father, mother, or guardian, or, if there be none within this District, then to any person having the care and control of such minor, or with whom he resides, or in whose service he is employed.

3. If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian or committee has been appointed, then to such guardian or committee.

4. In all other cases to the defendant personally.

SEC. 7. When the service of the summons cannot be made as prescribed in the last preceding section, and when that fact appears, by affidavit, to the satisfaction of the court, or any judge thereof, and it appears, in like manner, that a cause of action exists against the defendant, and that the case is one of those mentioned hereafter in this section, the court or judge may grant an order that service be made by publication, in either of the following cases:

1. In actions for the recovery of real property, or of an estate or interest therein, or for the partition of real property, or for the sale of real property under a mortgage, lien, or otherwise, where the real property is within this District, and where any or all of the defendants reside out of the same.

2. In actions brought to establish or set aside a will, where any or all the defendants reside out of this District.

3. In actions brought against a non-resident of this District, or a foreign corporation having in this District property or debts owing to them subject to the process of the court.

4. In actions which relate to, or the subject of which is, real or personal property in this District, where any defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partly in excluding him from any interest therein, and such defendant is a non-resident of this District or a foreign corporation.

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