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Parties united in interest when to be joined and

when one or

more may sue and defend for

the whole.

tion all the

Actions when

death, mar.

SEO. 23. Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one, who shall have been joined as plaintiffs, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint, and when the question is one of a 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 the whole.

Plaintiff may SEC. 24. Persons severally liable upon the same obliga. sue in one ac- tion or instrument, including the partics to bills of exparties to com- change and promissory notes, may all, or any of them, be mercial paper. included in the same action, at the option of the plaintiff. SEC. 25. No action shall abate by the death, marriage, not to abate by or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. riage, or other disability and In case of death, marriage or other disability of a party, procedure in the court, on motion at any time within one year thereafter or afterwards, on a supplemental complaint, 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 shall 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.

such case.

Court when to

decide controder other parties to be

versy or to or

brought in.

SEO. 26. The court may determine any controversy between the 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 order them to be brought in; and when in an action for the recovery of real or personal property, a person, not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by Proceeding in- the proper amendment. A defendant, against whom an stead of bill of action is pending, upon a cantract, or for specific, real, or înterpleader. 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 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.

to be tried

SEO. 27. Actions for the following causes must be tried Certain actions in the county in which the subject of the action or some where the subpart thereof is situated, subject to the power of the court ject is situated to change the place of trial in the cases provided by sta

tute:

1. For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property. 2. For the protection of real property.

3. For the foreclosure of a mortgage of real property. 4. For the recovery of personal property distrained for any cause.

where the cause arose.

SEO. 28. Actions for the following causes must be tried Other actions in the county where the cause or some part thereof arose, subject to the like powers of the court to change the place of trial in the cases provided by statute:

1. For the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offence committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream where the offence was committed.

2. Against a public officer, or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who, by his command, or in his aid, shall do any thing touching the duties of such officer.

the residence

defendant.

SEC. 29. In all other cases, the action shall be tried in Other actions the county in which the parties, or any of them, shall re- according to side at the commencement of the action; or if none of the of the parties parties shall reside in the state, the same may be tried in unlesschanged any county which the plaintiff shall designate in his com- on demand of plaint, subject, however, to the power of the court to change the place of trial in the cases provided by the statute. If the county designated for that purpose in the complaint, be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant, before the time for answering expire, demand, in writing, that the trial be had in the proper county, and the place of trial be thereupon changed by consent of parties, or by order of the court as provided in this section.

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Complaint need not be served with summons,

in such case

summons must

state where it ia, or it will be

filed.

SEO. 30. The court may change the place of trial in the following cases:

1. Where the county designated for that purpose in the complaint, is not the proper county.

2. Where there is reason to believe that an impartial trial cannot be had therein.

3. When the convenience of witnesses, and the ends of justice would be promoted by the change.

SEO. 31. When the place of trial is changed, all other proceedings shall be had in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties in writing duly filed, or order of the court, and the papers shall be filed or transferred accordingly.

SEO. 32. Civil actions in the courts of records of this state shall be commenced by the service of a summons with or without seal.

SEO. 33. The summons shall be subscribed by the plaintiff or his attorney, and directed to the defendant, and shall require him to answer the complaint, and serve a copy of his answer on the person whose name is subscribed to the summons at a place within the state to be therein specified, in which there is a post office, within twenty days after the service of the summons, exclusive of the day of service.

SEO. 34. The plaintiff shall also insert in the summons a notice in substance as follows:

1. In an action arising on contract for the recovery of money only, that he will take judgment for a sum specified therein, if the defendant fail to answer the complaint in twenty days after the service of the summons.

2. In other actions, that if the defendant shall fail to answer the complaint within twenty days after service of the summons, the plaintiff will apply to the court for the relief demanded in the complaint.

SEO. 35. A copy of the complaint need not be served with the summons. In such case the summons shall state where the complaint is, or will be filed. And if the de fendant, within twenty days thereafter, in person or by attorney, demand, in writing, a copy of the complaint, specifying a place within the state where it may be served; a copy of it shall be served within twenty days thereafter accordingly; and after such service, the de fendant shall have twenty days to answer; but only one copy need be served on the same attorney. In the case

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of a defendant against whom no personal claim is made When must be in an action, the plaintiff may deliver to such defendant, served. with a summons, a notice subscribed by the plaintiff or his attorney, setting forth the general object of the action.

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A brief description of the property affected by it, if it When notice affect specific, real, or personal property, and that no per suit may be of object of sonal claim is made against such defendant, in which served with case no copy of the complaint need be served on such summons. defendant, unless within the term for answering, he shall, in writing, demand the same.

SEC. 36. If a defendant on whom such notice is served, Defendant ununreasonably defend the action, he shall pay costs to the reasonably deplaintiff.

fending when

to pay costs. SEO. 37. In an action affecting the title to real property, Notice of penthe plaintiff at the time of filing the complaint, or at any affecting title dency of action time afterwards, may file with the clerk of the circuit to real propcourt of each county in which the property is situated, a erty... notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the property in that county affected thereby, and if the action be for the foreclosure of a mortgage, such notice must be filed twenty days before judgment, and must contain the date of the mortgage, the parties thereto, and the time and place of recording the same. From the time of filing only, shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby.

SEC. 38. The summons may be served by the sheriff of Summons, by county where the defendant may be found, or by any whom served, other person not a party to the action.

The service shall be made, and the summons returned, with proof of the service, to the person whose name is subscribed thereto, with all reasonable diligence.

The person subscribing the summons may, at his op-" tion, by an endorsement on the summons, fix a time for the service thereof, and the service then shall be made accordingly.

SEO. 39. The summons shall be served by delivering a Summons how copy thereof as follows:

1. If the suit be against a corporation to the president or other head of the corporation, secretary, cashier, treasurer, director, or managing agent thereof, but such service can be made in respect to a foreign corporation only when it has property within this state, or the cause of action arose therein.

served and returned.

Affidavit

what to contain.

In what cases publication

may be made.

2. If against a minor, under the age of fourteen years, to such minor personally, and also to his, father, mother or guardian, or if there be none within the state, then to any person having the care and control of such minor, or with whom he shall reside, or in whose service he shall be employed.

3. If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs in consequence of habitual drunkenness, and for whom a com mittee has been appointed, to such committee, and to the defendant personally.

4. In all other cases to the defendant personally, or if not found, by leaving a copy thereof at his usual place of abode, in presence of some one of the family of suitable age and discretion who shall be informed of the contents thereof.

SEC. 40. When the person on whom the service of the summons is to be made, cannot after due diligence be found within the state, and that fact shall appear by affidavit to the satisfaction of a court or a judge thereof, or a county judge or court commissioner, and it shall in like manner appear that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to an action relating to real property in this state, such court or judge may grant an order that the service be made by the publication of a summons in either of the following cases:

1. Where the defendant is a foreign corporation and has property within this state or the cause of action arose therein.

2. When the defendant being a resident of this state has departed therefrom with intent to defraud his creditors or avoid the service of a summons, or keeps himself concealed therein with the like intent.

3. Where he is a non-resident but has property therein, and the action is on contract, and the court has jurisdic tion of the subject of the action.

4. Where the subject of the action is real or personal property in this state, and the defendant has or claims a lien or interest, actual or contingent therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein.

5. Where the action is for divorce in the cases prescrib ed by law:

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