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180

...188, 189

CHAPTER IV. Attachment.

V. Provisional remedies.

CHAPTER I.

Arrest and bail. No person to be arrested, except as prescribed by this act...

$ 178 Cases in which defendant may be arrested........ 179 Order for arrest, by whom made. Affidavit to obtain order. To what actions this chapter applicable

181 Security by plaintiff, before order for arrest. 182 Order, when made and its form

183 Affidavit and order to be delivered to sheriff, and copy to defendant....

184 Arrest, how made.

185 Defendant to be discharged on bail or deposit

186 Bail, how given....

187 Surrender of defendant. Bail, how proceeded against

190 Bail, how exonerated..

197 Delivery of undertaking to plaintiff, and its acceptance or rejection by him

192 Notice of justification. New undertaking, if other bail

193 Qualifications of bail..

194 Justification and allowance of bail. Deposite of money with sheriff..

197 Payment of money into court by sheriff

198 Substituting bail for deposite....

199 Money deposited how applied, or disposed of..... 200 Sheriff, when liable as bail; and his discharge from liability.

201 Proceedings on judgment against sheriff.

202 Bail liable to sheriff,

203 Motion to vacate order of arrest, or reduce bail... 204 Affidavits on motion ...

205 CHAPTER II. Claim and delivery of Personal Property. Delivery of personal property when it may be

195, 196 CHAPTER V.

General Rules of Pleading. No pleading but complaint, answer, reply and demurrers

. $ 156 Verification of pleadings....

157 How to state an account in pleading.

158 Pleadings to be liberally construed.

159 Irrelevant or redundant matter to be stricken out.. 160 Judgments, how to be pleaded

161 Conditions precedent, how to be pleaded.

162 Private statutes, how to be pleaded..

163 Libel and slander, how stated in complaint....... 164 Answer in such cases...

165 In actions to recover property distrained for damage, answer need not set forth title..

166 What causes of action may be joined in the same action

167 Allegation not denied; when to be deemed true .. 168

CHAPTER VI.
Mistakes in Pleading, and Amendments.
Material variances, how provided for...

$ 169 Immaterial variances, how provided for..

170 What to be deemed a variance..

171 Amendments of course...

172 Amendments by the court ...

173 Amendments, after demurrer.

174 Suing a party by a fictitious name, when allowed.. 175 No error or defect to be regarded, unless it affect substantial rights

175 Supplemental complaint, answer and reply

177 TITLE VII. Of the Provisional remedies in civil actions. CHAPTER I. Arrest and bail.

II. Claim and delivery of personal pro

perty.
III. Injunction.

. § 229

232

In what cases warrant may be granted
Security in obtaining warrant ..

230 Warrant, to whom directed, and what to require . 231 Mode of proceeding in executing warrant Proceeding in case of perishable property or vessels

233 Interest in corporations or associations, liable to attachment

234 Attachment, how executed on property incapable of manual delivery.

235 Certificate of defendant's interest to be furnished by corporation..:

236 Judgment, how satisfied.

237 When action to recover notes, &c., of defendant

may be prosecuted by plaintiff in the action in which the attachment issued ...

238 Bond to sheriff on attachment, how disposed of, on judgment for defendant...

239 Discharge of attachment and return of property,

or its proceeds, to defendant, on his appearance in action....

... 240 Undertaking on the part of the defendant.

241 When sheriff to return warrant and proceedings thereon....

242 Sheriff's fees

243 CHAPTER V.

Provisional Remedies.
Powers of court as to receivers, deposit of money,

&c., in court, and other provisional remedies .. 244

TITLE VIII.
Of the trial and judgment in civil actions.
CHAPTER I. Judgment upon failure to answer.

II. Íssues and the mode of trial.
III. Trial by jury.
IV. Trial by the court.

V. Trial by referees.
VI. The manner of entering judgment.

TITLE I.

Of the Form of Civil Actions. Distinction between actions at law and suits in

equity, and forms of such actions and suits, abolished

$ 69 Parties to an action, how designated..

70 Actions on judgments, when and how to be brought, 71 Feigned issues abolished, and order for trial substituted

72

TITLE II.
Of the time of commencing civil actions.
Chapter I. Actions in general.

II. Actions for the recovery of real property,
III. Actions, other than for the recovery of

real property:
IV. General provisions.

CHAPTER I.
The time of commencing actions in general.
Repeal of existing limitations
Time of commencing civil actions

..$ 73

74

CHAPTER II. The time of commencing actions for the recovery of

real property. When the people will not sue .... .......875 When action cannot be brought by grantee from

the state When actions by the people or their grantees to be brought within twenty years,

77 Seisin within twenty years, when necessary in ac

tion for real property ... Seisin within twenty years, when necessary in ac.

tion or defence founded on title to or rents of real property

79

76

78

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