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CHAPTER XIII. Accountability of guardians.

XIV. Powers of referees.
XV. Miscellaneous provisions.

CHAPTER I.
Submitting a controversy without action.
Controversy how submitted without action.......$ 372
Judgment on, as in other cases, but without costs, 373
Judgment may ve enforced, or appealed from, as
in an action...

374

380

CHAPTER II. Proceedings against joint debtors, heirs, devises,

legatees and tenants holding under a judgment

debtor. Parties not sunimoned in action on joint contract, may be summoned after judgment

$ 375 If judgment debtor die, his representatives may be summoned

376 Form of summons.

371 To be accompanied by affidavit of amount due 378 Party summoned may answer and defend

379 Subsequent pleadings and proceedings same as in

an action Answer and reply to be verified as in an action.... 381

CHAPTER III.
Confession of Judgment, without Action.
Judgment may be confessed for debt due or con-
tingent liability,

. $ 383 Statement in writing, and form thereof. Filing same, and entering judgment..

384 CHAPTER IV. Offers of the defendant to compromise the whole or :

part of the action. Defendant may serve offer to compromise and the

382

proceedings thereon..

$ 385 Defendant may offer to liquidate damages conditionally..

386 Effect of acceptance or refusal of offer

387 CHAPTER V. Admission or inspection of writings. A party may be required to admit a paper to be

genuine, or pay expense of proving it. Inspection and copy of books, papers and documents, .

$ 388 CHAPTER VI.

Examination of parties. Actions for discovery, abolished

$ 389 A party may examine his adversary as a witness, on the trial..

390 Such examination also allowed before trial. Proceedings therefor

391 Party how compelled to attend.

392 Testimony of party may be rebutted..

.. 393 Effect of refusal to testify...

394 Testimony by a party not responsive to the inqui

ries, may be rebutted by the oath of the party calling him...

395 Persons for whom action is brought or defended, may be examined.

396 Examinations of co-plaintiff or co-defendant..... 397

CHAPTER VII.

Examination of witnesses. No witness to be excluded by reason of interest..$ 398 To whom last section inapplicable...

399 CHAPTER VIII.

Motions and orders. Definition of an order

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Definition of a motion. Motions how and where made

.. $ 401 When notice is necessary, it must be eight days

before hearing.. In actions in supreme court, county judge may act at chambers. His orders, how reviewed

403 In absence of judge at chambers, motion may be

transferred by him to another judge Enlarging time for proceedings in an action

401

404 405

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412

413

Notices, and

filing and service of papers. Notices and other papers, how served on party or attorney.

•$ 408, 409 When and how served by mail.. ......410, 411 Double time when served by mail . Eight days notice of motion, &c., before court or

judge when personally served Where papers need not be served on defendant... 414 Service of papers where party resides out of the

state .. Summons and pleadings to be filed within ten days

after service. Service, where party appears by attorney.. This chapter not to apply to summons or process,

or to papers to bring party into contempt.......

415

416

417

418 ..$ 419

$ 420

CHAPTER XII.

Duties of sheriffs and coroners. Duty of sheriff and coroner in serving or executing process, and how enforced

CHAPTER XIII.

Accountability of guardians. Guardian not to receive property until security given

CHAPTER XIV.

Powers of referees. Referees authorized to administer oaths and to exercise powers now vested in referees by law.. 8 421

CHAPTER XV.

Miscellaneous provisions. Papers lost or withheld, how supplied.. Where undertakings to be filed..

423 Judgment on bond and warrant of attorney, executed before July 1, 1848

424 Time for publication of notices, how computed 425 Laws of other states and other governments, how proved....

TITLE XIII.

Actions in particular cases. CHAPTER I. Actions against foreign corporations.

II. Actions in place of scire facias, quo

warranto, and of informations in the

nature of quo warranto. III. Actions for the partition of real pro

perty. IV. Actions to determine conflicting claims

to real property, and for waste and

nuisance. с

.$ 422

426 . $ 427

court

CHAPTER V. General provisions relating to actions

concerning real property.

CHAPTER I.
Actions against Foreign Corporations.
Where and by whom brought

CHAPTER II.
Actions in place of scire facias, quo warranto, and

of informations in the nature of quo warranto. Scire facias, and quo warranto abolished and this chapter substituted..

..$ 428 Action may be brought by attorney-general to vacate a charter, by direction of legislature...

429 Action to annul a corporation, when and how

brought by attorney-general, by leave of supreme Leave, how obtained. Action upon information or complaint, of course, 432 Action, when and how brought to vacate letters patent

433 Relator, when to be joined as plaintiff.

434 Complaint and arrest of defendant, in action for usurping an office....

435 Judgment in such action Assumption of office, &c., by relator, when judgment is in his favor

437 Proceedings against defendant, on refusal to de

liver books or papers. ... Damages, how recovered.

439 One action against several persons claiming office or franchise

440 Penalty for usurping office or franchise, how awarded

441 Judgment of forfeiture against a corporation.. 442 Costs against corporation or persons claiming to be such, how collected ...

443 Restraining corporation and appointment of re

ceiver

430 431

436

438

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