Action must be commenced within one year after entry, or within twenty years after right of entry, § 80 Possession when resumed. Occupation deemed under legal title, unless adverse.. Occupation under written instrument or judgment, when deemed adverse What constitutes adverse possession, under written instrument or judgment Premises actually occupied, under claim of title, deemed to be held adversely What constitutes adverse possession under claim of title not written. Relation of landlord and tenant, as affecting adverse possession Right of possession not affected by descent cast. Certain disabilities excluded from time to commence actions CHAPTER III. 81 82 83 84 85 86 87 888 The time of commencing actions other than for the recovery of real property. Periods of limitation prescribed Within twenty years.... . § 89 Within six years... Within three years Within two years ... 92 93 94 95 96 97 98 Within one year When cause of action accrued, in an action upon a current account. Actions for penalties, &c., by any person who will sue, when to be brought.. Actions for relief, not before provided for.. Actions by the people, subject to the same limitation...... CHAPTER IV. General Provisions as to the time of commencing Actions. When action deemed to have been commenced.. § 99 Exception, where defendant is out of the state.... § 100 .... In suits by aliens, time of war to be deducted. ΙΟΙ 102 103 104 105 Disability must exist when right of action accrued, 106 Where two or more disabilities, limitation does not attach, till all removed.. This title, not applicable to bills, &c., of corporations, or to bank notes.. 107 108 109 Nor to actions against directors or stockholders of monied corporations or banking associations. Limitations in such cases prescribed.. Acknowledgment or new promise must be in writing, 110 TITLE III. Of the parties to civil actions. Action to be in the name of the real party in in- Executor or trustee may sue without the persons When married woman is party, her husband to be joined, except, &c.... 112 113 Infant to appear by guardian.. Guardian, how appointed... Who may be joined as plaintiffs. Who may be joined as defendants.. 114 ...... 115 ..... 116 ..... 117 118 Parties united in interest, when to be joined. When one or more may sue or defend for the whole Plaintiff may sue in one action the different parties to commercial paper.. 119 120 Action when not to abate by death, marriage, or other disability, &c. Proceedings in such case, 121 Court when to decide controversy, or to order other parties to be brought in.... 122 TITLE IV. Of the place of trial of Civil Actions. Certain actions to be tried where the subject or some part thereof is situated ..$123 Other actions, where the cause or some part thereof arose.... Other actions, according to the residence of the parties.. Action may be tried in any county unless defendant demand trial in proper county. TITLE V. Of the manner of commencing Civil Actions. Actions how commenced Summons, requisites of... 124 125 126 .§ 127 ........ 128 ...... Notice to be inserted in certain actions. Defendant unreasonably defending, when to pay costs Notice of pendency of action affecting title to real property Summons, by whom served. 129 130 131 132 Summons, how served and returned 136 When service deemed made in case of publication 137 Service of summons, how proved.... When jurisdiction of action acquired.. 138 139 TITLE VI. Of the pleadings in Civil Actions. CHAPTER I. The complaint. II. The demurrer. III. The answer. IV. The reply. B CHAPTER V. General rules of pleading. VI. Mistakes in pleading and amendments. S143 144 145 140 147 148 Defendant to demur or answer When the defendant may demur Demurrer must specify grounds of objection to complaint.... How to proceed if complaint be amended. Objection not appearing on complaint may be taken by answer. Objection, when deemed waived CHAPTER III. The Answer. Answer what to contain..... $149 May set forth as many grounds of defence as exists 150 Demurrer as to some causes of action, and answer as to others.... Sham defences to be stricken out.. CHAPTER IV. The Reply. Reply, when to be put in, and what to contain answer Demurrer to reply 8x53 154 155 CHAPTER V. General Rules of Pleading. No pleading but complaint, answer, reply and de murrers Verification of pleadings.... How to state an account in pleading. Pleadings to be liberally construed. ..$ 156 Irrelevant or redundant matter to be stricken out.. 160 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 Allegation not denied; when to be deemed true.. 168 CHAPTER VI. Mistakes in Pleading, and Amendments. 167 174 Suing a party by a fictitious name, when allowed.. 175 No error or defect to be regarded, unless it affect substantial rights Supplemental complaint, answer and reply TITLE VII. Of the Provisional remedies in civil actions. CHAPTER I. Arrest and bail. 176 177 II. Claim and delivery of personal pro perty. III. Injunction. |