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was heard, which must be filed with the clerk of the court, and constitute the judgment roll.

Amended Code, § 367.

§ 1209. When upon a reversal, another action is allowed the rights of the parties stand unaffected by the former action. If another action be allowed, a concise. statement of the reasons therefor must be filed with the clerk.

The first part of this section is new; the last is the same as in original code, § 319.

§ 1210. If the judgment below, or any part thereof, be collected and be afterwards reversed, the appellate court must order the amount collected to be restored with interest from the time of collection. The order may be obtained upon proof of the facts made at or after the hearing, upon a previous notice of six days.

Amended Code, § 369.

§ 1211: If, upon an appeal, a recovery be had by one party, and costs be awarded to the other, the appellate court must set off the one against the other, and render judgment for the balance.

Amended Code, § 370.~*

§ 1212. The following fees and costs, and no other, except fees of officers, are allowed on appeals;

To the appellant, on reversal, if upon affidavits, ten dollars, if upon a return, fifteen dollars.

To the respondent, on affirmance, if upon affidavits, seven dollars, if upon a return, twelve dollars.

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To a justice of the peace, for his return, one dollar.

If the judgment appealed from be reversed in part, and affirmed as to the residue, the amount of costs allowed to either party, is such as the appellate court may award, not exceeding ten dollars.

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If the appeal be dismissed for want of prosecution, as provided by section 1205, no costs are allowed to either party.

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TITLE XIII.

OF THE MISCELLANEOUS PROCEEDINGS, IN CIVIL ACTIONS, AND

GENERAL PROVISIONS.

CHAPTER I. Proceedings against joint debtors, heirs, legatees, devisees and tenants holding under a judgment debtor.

II. Offer of the defendant, to compromise the whole or part of the ac

tion.

III. Admission or inspection of writings.

IV. Motions and orders.

V. Notices, and filing and service of papers.

VI. General provisions.

CHAPTER II.

PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, DEVISEES, LEGATEES AND TENANTS HOLDING UNDER A JUDGMENT DEBTOR.

SECTION 1213. Parties not summoned in an action on joint obligation, may be summoned after judgment.

1214. If judgment debtor die, his representatives may be summoned. 1215. Contents of summons.

1216. Affidavit of amount due required.

1217. Party summoned may defend by answer.

1218. Reply and trial as in other actions.

1219. Reply and answer to be verified.

§ 1213. When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in section 632, those who were not originally summoned to answer the complaint, may be summoned to show cause why they should not be bound by the judgment, in the same manner as if they had been originally summoned.

Amended Code, § 375.

§ 1214. In case of the death of a judgment debtor after judgment, the heirs, devisees, legatees or personal

representatives of the judgment debtor, or the tenants of real property, owned by him and affected by the judgment, may be summoned to show cause why the judgment should not be enforced, against the estate of the judgment debtor in their hands respectively. The proceedings thereon are subject to the provisions of the chapter upon actions by or against executors, administrators, legatees, heirs and devisees.

Amended Code, § 376.

§ 1215. The summons provided in the last two scctions, must be subscribed by the judgment creditor, his representatives, or attorney, describe the judgment, and require the person summoned, to show cause, within twenty days after the service of the summons; and must be served in the same manner as the original

summons.

Amended Code, § 377.

§ 1216. The summons must be accompanied by an affidavit of the person subscribing it, that the judgment has not been satisfied, to his knowledge, or information and belief, and must specify the amount due thereon.

Amended Code, § 378.

§ 1217. Upon such summons, the party summoned may answer within the time specified therein, denying the judgment, or setting up any defence which may [CIVIL CODE.]

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have arisen subsequently; and in addition thereto, if he be proceeded against according to section 1213, he may make the same defence which might have been originally made to the action, except the statute of limitations; if he be proceeded against according to section 1214, he may make the same defence, which he might have made to an action upon the judgment.

Amended Code, § 379.

§ 1218. The party issuing the summons, may reply to the answer, if a counter-claim be set up therein, and the issue may be tried and judgment may be given, in the same manner as in an action, and enforced by execution, or the application of property charged, to the payment of the judgment, may, if necessary, be compelled by attachment.

Amended Code, § 380.

§ 1219. The answer and reply must be verified in the same manner, and are subject to the same rules, as the answer and reply in an action.

Amended Code, § 381.

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