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Time of slay by in.

ducted.

must exist

accrued. Where several dis.

all must

cable

of corpora

may commence a new action within one year after the re-
versal.

§ 105. When the commencement of an action shall be
j'action or
statutory stayed by injunction, or statutory prohibition, the time of
prohibition
to be die the continuance of the injunction or prohibition shall not

be part of the time limited for the commencement of the

action Disability

§ 106. No person shall avail himself of a disability unwhen right of action less it existed when his right of action accrued.

$ 107. When two or more disabilities shall co-exist, at abilities, red the time the right of action accrues, the limitation shall moreul.

not attach until they all be removed. This title

$ 108. This title shall not affect actions to enforce the not applifills, dec., payment of bills, notes or other evidences of debt issued tions or to by monied corporations, or issued or put in circulation as bank holes

money.

§ 109. This title shall not affect actions against directors
against di.
rectors, &e or stockholders of a monied corporation, or banking asso-
corpora ciations, to recover a penalty or forfeiture imposed, or to
banking as-enforce a liability created, by law; but such actions must
limitation be brought within six years after the discovery, by the

aggrieved party, of the facts upon which the penalty or
forfeiture attached, or the liability was created.

$ 110. No acknowledgment or promise shall be suffi-
cient evidence of a new or continuing contract, whereby

to take the case out of the operation of this title, unless writing.

the same be contained in some writing signed by the party
to be charged thereby; but this section shall not alter the
effect of any payment of principal or interest.

Nor to actions

of monied

tions or

sociations.

in such ca. ses prescribed

Acknow. ledgment or new promise must be made in

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TITLE III.

Of the parties to civil actions.

SECTION 111. Action to be in the name of the real party in interest.

112. Assignment of a thing in action not to prejudice a defence.
113. Executor or trustee may sue without the persons beneficially

interested.
114. When married woman is party, her husband to be joined,

except, &c.
115. Infant to appear by guardian.
116. Guardian, how appointed.
117. Who may be joined as plaintiffs.
118. Who may be joined as defendants.
119. Parties united in interest, when to be joined. When one or

more may sue or defend for the whole.
120. Plaintiff may sue in one action the different parties to com.

mercial paper.
121. Action when not to abate by death, marriage, or other disa.

bility, &c. Proceedings in such case.
122. Court when to decide controversy, or to order other parties

to be brought in.

be in the

real party

ment of a

.

§ 111. Every action must be prosecuted in the name of the action to real party in interest, except as otherwise provided in section name of one hundred and thirteen, but this section shall not be deemed ti interest. to authorise the assignment of a thing in action not arising out of contract.

§ 112. In the case of an assignment of a thing in action, Assign, the action by the assignee shall be without prejudice to thing in neany set-off or other defence existing at the time of or be-prendice a fore notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange,

, transferred in good faith, and upon good consideration, before due.

$ 113. An executor or administrator, a trustee of an express Executor, trust, or a person expressly authorized by statute, may sue, trustee, without joining with him the person for whose benefit the ac- withome tion is prosecuted. A trustee of an express trust, within the beneficially meaning of this section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another.

§ 114. When a married woman is a party, her husband When must be joined with her, except that,

&.or

may sue

persons

interested

married

1. When the action concerns her separate property, she may

women is a
pariy, pus-
band whien sue alone:
to be join-
ed.

Infant to appear by

Guardian

how ap

pointed.

2. When the action is between herself and her husband she may sue or be sued alone :

But where her husband cannot be joined with her, as herein provided, she shall prosecute or defend by her next friend.

$ 115. When an infant is a party, he must appear by guardian. guardian, who may be appointed by the court in which the

action is prosecuted, or by a judge thereof, or a county judge.

§ 116. The guardian shall be appointed as follows:

1. When the infant is plaintif, upon the application of the infant, if he be of the age of fourteen years, or if under that age, upon the application of his general or testamentary guardian, if he has any, or of a relative or friend of the infant. If made by a relative or friend of the infant, notice thereof must first be given to such guardian, if he has one, if he has none, then to the person with whom such in fant resides ·

2. When the infant is defendant, upon the application of the infant, if he be of the age of fourteen years, and apply within twenty days after the service of the summons. If he be under the age of fourteen, or neglect so to apply, then upon the application of any other party to the action, or of a relative or friend of the infant, after notice of such application being first given to the general or testamentary guardian of such infant, if he has one, if he has none then to the infant himself if over fourteen years of age, or if under that age, to

the person with whom such infant resides. Who may

§ 117. All persons having an interest in the subject of be joined plaintitis. the action, and in obtaining the relief demanded, may be

joined as plaintiffs, except as otherwise provided in this title.

§ 118. Any person may be made a defendant, who has be joined as or claims an interest in the controversy, adverse to the

plaintiff, or who is a necessary party to a complete determination or settlement of the questions involved therein.

Who may

defendants

united in

when to be

§ 119. Of the parties to the action, those who are united Parties in interest must be joined as plaintiffs or defendants; but interest if the consent of any one, who should have been joined as joined. plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint, and when the question is one of a common or general interest of many persons; or when the parties are very numerous and it may be impracticable to bring them all before the defend for court, one or more may sue or defend for the benefit of the whole.

When one

or inore may sue or

the whole.

may sue 111 one action different

§ 120. Persons severally liable upon the same obligation Plaintiff or instrument, including the parties to bills of exchange. and promissory notes may, all or any of them, be included parties to in the same action, at the option of the plaintiff.

In

the

commer.

cial paper.

when not

death, mar

riage, or

other disability.

Proceed

ings in

§ 121. No action shall abate by the death, marriage or Action other disability of a party, or by the transfer of any inter- to abate by est therein, if the cause of action survive or continue. case of death, marriage, or other disability of a party, court, on motion, at any time within one year thereafter, or afterwards on a supplemental complaint may allow the such case. action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party; or the court may allow the person to whom the transfer is made to be substituted in the action.

to

Court

when to decide con

troversy, or

to order other parto be

brought in.

§ 122. The court may determine any controversy between the parties before it, when it can be done without prejudice the rights of others, or by saving their rights, but when a com-re plete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in. And when, in an action for the recovery of real or personal property, a person, not a party to the action, but having an interest in the subject thereof, makes application to the court, to be made a party, it may order him to be brought in by the proper amendment.

A defendant, against whom an action is pending upon a contract, or for specific, real, or personal property, may at any time before answer, upon affidavit, that a person, not a party to the action, and without collusion with him, makes against him a demand for the same debt, or property, upon due notice to such person, and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party on his depositing in court the amount of the debt, or delivering the property, or its value, to such person as the court may direct; and the court may, in its discretion, make the order.

TITLE IV.

tions to be

part

situat d

Of the place of trial of Civil Actions.
Section 123. Certain actions to be tried where the subject or some part

thereof is situated.
124. Other actions, where the cause or some part thereof arose.
125. Other actions, according to the residence of the parties.
126. Action may be tried in any county unless defendant demand

trial in proper county. Certain ac. § 123. Actions for the following causes, must be tried tried where in the county in which the subject of the action or some thereum is part thereof is situated, subject to the power of the court

to change the place of trial, in the cases provided by statute.

1. For the recovery of real property or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property :

2. For the partition of real property:
3. For the foreclosure of a mortgage of real property :

4. For the recovery of personal property, distrained for any cause.

§ 124. Actions for the following causes, must be tried

in the county where the cause or some part thereof arose, come part subject to the like power of the court, to change the place

of trial in the cases provided by statute :

1. For the recovery of a penalty or forfeiture imposed

ihcr ac. tous, where cause I

arose.

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