§ 1234. When the answer of the defendant admits part of the plaintiff's claim to be just, the court, on motion, may order such defendant to satisfy that part of the claim, and may enforce the order, as it enforces a provisional remedy. New. To prevent defendants from keeping plaintiffs out of what is admitted to be due, while litigating as to the rest CHAPTER V. NOTICES, AND FILING AND SERVICE OF PAPERS. SECTION 1235, 1236. 1237, 1238. Notices and other papers, how served on party or attorney. 1239. Defendant applying entitled to notice. 1240. Service of papers where party resides out of State. 1241. Summons and pleadings, &c., to be filed. 1242. Notice good, though title omitted. 1243,11244. This chapter not to apply to summons or process, or to papers to bring party into contempt. § 1235. Notices must be in writing; and notices and other papers may be served on the party or attorney, in the manner prescribed in the next three sections, where not otherwise provided by this code. Amended Code, § 408. § 1236. The service may be personal, or by delivery to the party or attorney on whom the service is required to be made, or it may be as follows: 1. If upon an attorney, it may be made during his absence from his office, by leaving the paper with his clerk therein, or with a person having charge thereof; or when there is no person in the office, by leaving it, between the hours of six in the morning and nine in the evening, in a conspicuous place in the office, or if it be not open, so as to admit of such service, then by leaving it at the attorney's residence, with some person of suitable age and discretion. 2. If upon a party, it may be made by leaving the pap erat his residence, between the hours of six in the morning and nine in the evening, with some person of suitable age and discretion. Amended Code, § 409. § 1237. Service by mail may be made, where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by mail. Amended Code, § 410. § 1238. In case of service by mail, the paper must be deposited in the post office, addressed to the person on whom it is to be served, at his place of residence, and the postage paid. And in such case, the time of service must be increased one day for every fifty miles distance between the place of the deposit and the place of the address. Amended Code, §§ 411 and 412, modified so as not to discourage service by mail. § 1239. A defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance. After appearance, otherwise than by answer, a defendant is entitled to notice of all subsequent proceedings, in the same manner as if he had an swered. But where a defendant has not appeared, service of notice or papers, in the ordinary proceedings in an action, need not be made upon him, unless he be imprisoned for want of bail. Amended Code, § 414. The first sentence is new. § 1240. Where a plaintiff, or a defendant who has appeared, resides out of the state, and has no attorney in the action, the service may be made by mail, if his residence be known, if not known, on the clerk for him. But where a party has an attorney in the action, the service of papers must be upon the attorney, instead of the party. Amended Code, § 415 and 417. § 1241. The foregoing provisions of this chapter do not apply to the service of a summons or other process, or of any paper to bring a party into contempt. Amended Code, § 418. § 1212. A notice or other paper is valid and effectual though the title of the action in which it is made, be omitted, or be defective either in respect to the court or parties, if it intelligibly refer to such action or proceeding, and, in furtherance of justice, upon proper terms, any other defect or error in auy notice, or other paper or proceeding, may be amended by the court, and any mischance relieved within one year thereafter. § 1243. The various undertakings required to be given by this code and the affidavits and other written proceedings in an action, must be filed or entered in court, or with the clerk thereof, unless the court expressly provide for a different disposition thereof, except that the undertakings provided for by the chapter on the claim and delivery of personal property, must after the justification of the sureties, be delivered by the sheriff to the parties respectively, for whose benefit they are taken. The summons, and the several pleadings in an action, must be filed with the clerk within ten days after the service thereof, respectively, or the adverse party, on proof of the omission, is entitled, without notice, to an order from a judge that the same be filed within a time specified in the order, or be deemed abandoned. CHAPTER IX. GENERAL PROVISIONS. SECTION 1244. Papers lost or withheld, how supplied. 1245. 1246. Actions, when consolidated. 1249. Jurisdiction of court over persons. Jurisdiction of court over causes of action. 1252. Action barred by limitation in another state, barred in this. 1254. Authority conferred on several, majority may act. 1255. Time, how computed. 1256. Legal notices, how published. 1257. Counsel to speak only an hour, without leave. 1258. Persons prosecuting or defending, without probable cause, liable. 1259. All existing rights of action prosecuted as prescribed in this code. § 1244. If an original pleading or paper be lost or withheld by any person, the court may authorise a copy thereof to be filed and used instead of the original. Amended Code, § 422. § 1215. Successive actions may be maintained upon the same contract, or transaction, whenever after the former action, a new cause of action arises therefrom. New. § 1246. Whenever two or more actions are pending at one time, between the same parties, and in the same court, upon causes of action which might have been joined, the court may order the actions to be consolidated into one. 2 R. S. 383, § 36 and 38. § 1247. An action is deemed to be pending, from the time of its commencement, until its final determination upon appeal, or until the time for an appeal has passed, and the judgment has been satisfied. New. § 1248. An action may be brought by one person against another, for the purpose of determining an adverse claim, which the latter makes against the former, for money or property, upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which the plaintiff is bound as surety. New. § 1249. No natural person is subject to the jurisdiction of a court of this state, unless he appear in the court, or be found within the state, or be a resident thereof, or have property therein; and in the last case |