« ΠροηγούμενηΣυνέχεια »
CHAPTER XIII. Accountability of guardians.
XIV. Powers of referees.
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
. $ 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
$ 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
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
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
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.......
418 ..$ 419
Duties of sheriffs and coroners. Duty of sheriff and coroner in serving or executing process, and how enforced
Accountability of guardians. Guardian not to receive property until security given
Powers of referees. Referees authorized to administer oaths and to exercise powers now vested in referees by law.. 8 421
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....
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
426 . $ 427
CHAPTER V. General provisions relating to actions
concerning real property.
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