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CHAPTER IV.

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GENERAL PROVISIONS AS TO THE TIME OF COMMENCING ACTIONS, Section 99. When action deemed to have been commenced,. 100. Exception, where defendant is out of the state,. 101. Exception, as to persons under disabilities, 102. Provision where person entitled dies before the limitation expires,

103. In suits by aliens, time of war to be deducted, 104. Provision, where judgment has been reversed, .. 105. Time of stay of action by injunction or statutory prohibition to be deducted,

106. Disability must exist when right of action accrued, 107. Where two or more disabilities, limitation does not attach, till all removed,. .

108. This title, not applicable to bills, &c., of corporations, or to bank notes,..

109. Nor to actions against directors or stockholders of moneyed corporations or banking associations. Limitations in such cases prescribed,.. 110. Acknowledgment or new promise must be in writing,

TITLE III.

OF THE PARTIES TO CIVIL ACTIONS,.

Section 111. Action to be in 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 commercial paper,

121. Action when not to abate by death, marriage, or other disability, &c. Proceedings in such case, 122. Court when to decide controversy, or to order other parties to be brought in,

TITLE IV.

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 residence of parties,. 3 126. Action may be tried in any county unless defendant demand trial in proper county,.

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OF THE MANNER OF COMMENCING CIVIL ACTIONS,
Section 127. Actions, how commenced,
128. Summons, requisites of,....

129. Notice to be inserted in certain actions,
130. Complaint need not be served with summons. In
such case what to be stated in summons and pro-
ceedings thereon,

131. Defendant unreasonably defending, when to pay
costs,..

132. Notice of pendency of action affecting title to real
property,.

133. Summons, by whom served,

134. Summons, how served and returned,

135. Publication when defendant cannot be found.... 38
136. Proceedings when there are several defendants,
and part only served,

137. When service deemed made in case of publication, 40
138. Service of summons, how proved,.
139. When jurisdiction of action acquired,

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TITLE VI.

OF THE PLEADINGS IN CIVIL ACTIONS,

CHAPTER I. The complaint, .

II. The demurrer,

III. The answer,

IV. The reply,..

V. General rules of pleading,

VI. Mistakes in pleading and amendments,

THE COMPLAINT

CHAPTER I.

Section 140. Forms of pleadings inconsistent with act abolished, 40 141. First pleading to be complaint,.

142. Complaint, what to contain,

THE DEMURRER,.

CHAPTER II.

Section 143. Defendant to demur or answer, 144. When the defendant may demur,.

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145. Demurrer must specify grounds of objection to
complaint,

146. How to proceed if complaint be amended,

147. Objection not appearing on complaint may be

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CHAPTER III.

taken by answer,.

148. Objection, when deemed waived,

THE ANSWER,

Section 149. Answer, what to contain.

150. May set forth as many grounds of defence as exist, 43 151. Demurrer as to some causes of action, and answer

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CHAPTER IV.

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THE REPLY,

Section 153. Reply, when to be put in, and what to contain, . 154. When defendant may move for judgment upon an answer, .....

155. Demurrer to reply,

GENERAL RULES OF PLEADING,

CHAPTER V.

Section 156. No pleading but complaint, answer, reply and

demurrers

157. Verification of pleadings,

158. How to state an account in pleading,

159. Pleadings to be liberally construed,.

160. Irrelevant or redundant matter to be stricken out, 161. Judgments, how to be pleaded.

162. Conditions precedent, how to be pleaded;

163. Private statutes, how to be pleaded,

164. Libel and slander, how stated in complaint.
165. Answer in such cases,..

166. In actions to recover property distrained for dam-
ages, answer need not set forth title,

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167. What causes of action may be joined in same action 168. Allegation not denied; when to be deemed true, 4

CHAPTER VI.

MISTAKES IN PLEADINGS, AND AMENDMENTS,

Section 169. Material variances how provided for,

170. Immaterial variances, how provided for,
171. What to be deemed a variance,.

172. Amendments of course,

173. Amendments by the court,
174. Amendments after demurrer,

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175. Suing a party by a fictitious name, when allowed, 50 176. No error or defect to be regarded, unless it affect

substantial rights,

177. Supplemental complaint, answer and reply ....

TITLE VII.

OF THE PROVISIONAL REMEDIES IN CIVIL ACTIONS,

CHAPTER I. Arrest and bail, . . .

II. Claim and delivery of personal property.
III. Injunction,..

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Section 178. No person to be arrested except as prescribed by

this act,

179. Cases in which defendant may be arrested.
180. Order for arrest, by whom made,

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181. Affidavit to obtain order. To what actions this

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chapter applicable,

Section 182. Security by plaintiff, before order for arrest,. 183. Order, when made and its form,.

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184. Affidavit and order to be delivered to sheriff, and

copy to defendant,..

185. Arrest, how made,.

186. Defendant to be discharged on bail or deposit,

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187. Bail, how given,..

188. Surrender of defendant,.

189.

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192. Delivery of undertaking to plaintiff, and its acceptance

or rejection by him,

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193. Notice of justification. New undertaking, if other bail, 55 194. Qualifications of bail, .

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197. Deposit of money with sheriff,

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200. Money deposited, how applied, or disposed of,.

201. Sheriff, when liable as bail; his discharge from liability, 56 202. Proceedings on judgment against sheriff,

203. Bail liable to sheriff.

204. Motion to vacate order of arrest, or reduce bail, . 205. Affidavits on motion,...

CHAPTER II.

CLAIM AND DELIVERY OF PERSONAL PROPERTY,

Section 206. Delivery of personal property, when may be claimed 207. Affidavit and its requisites...

208. Requisition to sheriff, to take and deliver the property,.. 57 209. Security on the part of the plaintiff, and justification 210. Exception to sureties and proceedings thereon or on failure to accept,

211. Defendant when entitled to re-delivery 212. Justification of defendant's sureties.

213. Qualification and justification of sureties,.

214. Property, how taken when concealed in building or enclosure,

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217. Notice and affidavit, when and where to be filed..

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Section 218. Writ of injunction abolished, and order substituted, 59 219. Injunction, in what cases granted,.

220. At what time it may be granted,

221. Notice, when required. Temporary injunction.

222. Security upon injunction. Damages, how ascertained,

223. Order to show cause why injunction should not be granted 61

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Section 224. Security, upon injunction to suspend business of

corporation,..

225. Motion to vacate or modify injunction, 226. Affidavits on motion,.

ATTACHMENT,

CHAPTER IV.

Section 227. Property of foreign corporations and of non-resident or absconding or concealed defendants may be attached,

228. Warrant, by whom granted, .

229. In what cases warrants may be granted.

230. Security in obtaining warrant,..

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231. Warrant, to whom directed, and what to require,
232. Mode of proceeding in executing warrant,..
233. Proceeding in case of perishable property or vessels,..
234. Interest in corporations or associations, liable to attach-
ment,

235. Attachment, how executed on property incapable of
manual delivery,

236. Certificate of defendant's interest to be furnished by
corporation,

237. Judgment, how satisfied,.

238. When action to recover notes, &c., of defendant may be
prosecuted by plaintiff in the action in which the
attachment issued,

239. Bond to sheriff on attachment, how disposed of, on judg-
ment for defendant,

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240. Discharge of attachment and return of property, or its proceeds, to defendant, on his appearance in action,.. 66 241. Undertaking on the part of defendant,

242. When sheriff to return warrant and proceedings thereon, 66 243. Sheriff's fees, ...

PROVISIONAL REMEDIES,

Section 244. Powers of

CHAPTER V.

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court as to receivers, deposit of money, &c., in court, and other provisional remedies, 67

TITLE VIII.

OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS,

CHAPTER I. Judgment upon failure to answer,

II. Issues and the mode of trial, .

III. Trial by jury,..

IV. Trial by the court,

V. Trial by referees,

VI. The manner of entering judgment,

CHAPTER I.

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Section 245. Judgment, what,.

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247. Judgment on frivolous demurrer, answer or reply,..... 69

JUDGMENT UPON FAILURE TO ANSWER, .

246. Judgment on failure of defendant to answer,

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