Manner of publication and appointment the service of summons, or is a foreign corporation having no managing or business agent, Cashier, or Secretary within the State, and the fact appears by affidavit to the satisfaction of the Court, or a Judge thereof, or a County Judge, and it also appears by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action, such Court or Judge may make an order that the service be made by the publication of the summons. 413. (§ 31.) The order must direct the publication to be made in a newspaper to be designated, as of attorney. most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, at least once a week; but publication against a defendant residing out of the State, or absent therefrom, must not be less than two months. In case of publication, where the residence of a non-resident or absent defendant is known, the Court or Judge must direct a copy of the summons and complaint to be forthwith deposited in the Post Office, directed to the person to be served, at his place of residence. When publication is ordered, personal service of a copy of the summons and complaint, out of the State, is equiv alent to publication and deposit in the Post Office. In either case, the service of the summons is complete at the expiration of the time prescribed by the order for publication. In actions upon contracts for the direct payment of money, the Court in its discretion may, instead of ordering publication, or may after publication, appoint an attorney to appear for the non-resident, absent, or concealed defendant, and conduct the proceedings on his part. NOTE.-Stats. 1871-2, p. 392. An Act concerning service of summons upon absent defendants by publication. [Approved March 15, 1872.] [Enacting clause.] SECTION 1. In all cases where, by order of any Court, service of summons is directed to be made upon any absent defendants by publication, it shall be the duty of the plaintiff in such action to file in the office of the Secretary of State, within fifteen days after the making of such order, a duly certified copy of such order for publication, together with a copy of the summons in said action, and of the newspaper containing the publication thereof. SEC. 2. For his services in filing and indexing the order, summons, and newspaper in which publication is made, in each action, and for issuing his certificate of the receipt and filing thereof, the plaintiff shall pay to the Secretary of State the sum of one dollar, to be paid into the State Treasury and accounted for as by law provided in the case of other fees collected in said office. SEC. 3. The Secretary of State, on receipt of the papers above mentioned and on payment of the fee above mentioned, shall issue to the plaintiff in said action his certificate, under his hand and official seal, specifying the title of the action, the Court in which the same is brought, the names of the defendants as to whom publication of summons was directed to be made, and the date at which the same were filed in his office. He shall also, in a book to be provided for that purpose, index the names of the defendants as to whom publication of summons was directed to be made, and note therewith the title of the action, the Court in which such action is brought, the papers therein filed in his office, and the date of filing the same; and shall also indorse the date of the filing upon said papers, and preserve the same in his office for reference by all persons interested therein; and the said book and said papers shall at all times be open to the gratuitous inspection of all persons applying to examine the same. Said book shall be known and referred to as the "Register of Absent Defendants." SEC. 4. The plaintiff in such action shall file the certificate of the Secretary of State above mentioned with the Clerk of the Court in which such action is brought, together with the proof of publication of the summons therein, and service of summons by publica Proceedings where there are several defendants and part only are served Proof of service, tion shall not be deemed to be complete as to any absent defendant without the filing of said certificate as above required. 414. (§ 32.) When the action is against two or more defendants jointly or severally liable on a contract, and the summons is served on one or more, but not on all of them, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants.. 415. (§§ 33, 34.) Proof of the service of summons how made. and complaint must be as follows: When jurisdiction of action acquired. 1. If served by the Sheriff, his certificate thereof; 2. If by any other person, his affidavit thereof; or, 3. In case of publication, the affidavit of the printer, or his foreman, or principal clerk, showing the same; and an affidavit of a deposit of a copy of the summons in the Post Office, if the same has been deposited; or, 4. The written admission of the defendant. In case of service otherwise than by publication, the certificate or affidavit must state the time and place of service. 416. ($35.) From the time of the service of the summons and copy of complaint in a civil action, the Court is deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. The voluntary appearance of a defendant is equivalent to personal service of the summons upon him. TITLE VI. VI. OF THE PLEADINGS IN CIVIL ACTIONS. CHAPTER I. The pleadings in general. III. Demurrer to the complaint. IV. The answer. V. Demurrer to answer. VI. Verification of pleadings. VII. General rules of pleading. VIII. Variance-mistakes in pleadings and amendments. CHAPTER I. THE PLEADINGS IN GENERAL. SECTION 420. Definition of pleadings. 421. This Code prescribes the form and rules of pleadings. 422. What pleadings are allowed. of plead 420. (§ 36.) The pleadings are the formal allega- Definition tions by the parties of their respective claims and ings. defenses, for the judgment of the Court. 421. (§ 37.) The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this Code. 422. (§ 38.) The only pleadings allowed on the What part of the plaintiff are: 1. The complaint; 2. The demurrer to the answer. And on the part of the defendant: 1. The demurrer to the complaint; 2. The answer. pleadings are allowed Complaint, first pleading. Complaint, what to contain. What causes of CHAPTER II. THE COMPLAINT. SECTION 425. Complaint, first pleading. 426. Complaint, what to contain. 427. What causes of action may be joined. 425. The first pleading on the part of the plaintiff is the complaint. 426. (§ 39.) The complaint must contain: 1. The title of the action, the name of the Court and county in which the action is brought, and the names of the parties to the action; 2. A statement of the facts constituting the cause of action, in ordinary and concise language; 3. A demand of the relief which the plaintiff claims. If the recovery of money or damages be demanded, the amount thereof must be stated. 427. (§ 64.) The plaintiff may unite several causes action may of action in the same complaint, where they all arise be joined. out of: 1. Contracts, express or implied; 2. Claims to recover specific real property, with or without damages for the withholding thereof, or for waste committed thereon, and the rents and profits of the same; 3. Claims to recover specific personal property, with or without damages for the withholding thereof; 4. Claims against a trustee by virtue of a contract, or by operation of law; 5. Injuries to character, The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of |