Reference. appointment of time and place for cannot enforce production of books, 403 reference of " cause," embraces all form of report prescribed, 407 effect of, on whole issue, same as that entry of judgment on, (see Judgment,) 408 interlocutory report of facts, must be in superior court, special report of course on order to review when grant- to report facts, in real estate and equity consequential reference after judg where long account involved, 476 in divorce, 477 in partition, 478 under proceedings supplementary to course of proceeding on, 522 of property, 672 discontinuance by plaintiff, on what course of defendant, when entitled to Reply. not necessary under former Code, consequence of omission to traverse entry of judgment thereon, 461 issue joined on service of, but subject Report. of referees, (see Referees.) 724 otherwise under Codes of 1848 & 1849, supplemental act in relation to, 728 Return. of defective pleading, (see Pleading.) of summons, 100 of summons by publication, 102 entry of judgment, grounded on, 459 various forms of, 120 irregularities in, cured, if paper re- of notice of appeal from justices' substituted, where justice dead or of notice of appeal from courts of of copy undertaking, 552 of case on appeal, 563 if neglected, respondent may move to Set-off. (See Answer.) entry of judgment upon, when exceed- Sheriff. duties of, generally defined, 7 service of summons by, 108 death of escaped debtor does not dis- cannot avail himself of irregularities fees of, 512, 628 powers in relation to seizure, 669 return of warrant by, 703 assessment by, 479, 458 Slander, (see Complaint-Answer.) Special Proceedings. reservation of, in certain cases, 710 list of, as saved as above, 712 to 717 for admeasurement of dower, 722 for summary recovery of possession of for foreclosure by advertisement, 723 jurisdiction defined, 20 definition of, 392 nature and effect of, 392 controls general verdict, 393 decision and course thereon, 433 upon confession of judgment, 90 of limitations, (see Limitations.) generally considered, 135 where several suits against one de- on motion for new trial, 412 on filing bill of exceptions, 428 verbal one, on which judgment entered, of pleading, (see Pleading.) payment to, by third party, indebted Summons. to judgment debtor, 529 course of, on arrest under order, 653 653 proceedings of, on bail put in, 659 liability of, if sureties fail to justify, 660 deposit with by defendant, in lieu of nature, form, and requisites of 98 for money demand, 96 by other person, 100 summons to joint debtor to show Summons. summons to heirs, devisees, &c., of jurisdiction of, defined, 32 power of supreme court to remove temporary power of, for hearing course of procedure in, on motion for practice in relation to security on in- Supplemental. pleading, (see Pleading.) jurisdiction of, generally defined, 19 power to remove causes from New appeals to, from inferior court, 575 appeals from noticed, 576 Trial. preparations for, 344 enforcement of attendance of wit- nesses on, 344 by habeas corpus ad testificandum, by subpoena, 345 production of documents upon, by of issue of law, (see Issue of Law.) former law as to jurors &c., substitut- so also as to general conduct of trial, 386 amendments upon trial, 387 when and how far allowed, or the re- power of court to direct reference on, 391 nonsuit, former practice unaltered, 391 assessment of defendant's damages for of value of property in replevin, 395 on failure to appear, 381, 383, 396 by oral consent 396 by referees, (see Reference.) Undertaking. on discontinuance of suit in justice's general requisites to their validity, 127 on appeal from justice's court, 537 may be in one instrument or several, affidavit of sureties upon, 551 must be acknowledged as deeds, 552 |