Page. Section 378. To be accompanied by affidavit of amount due,.. 108 379. Party summoned may answer and defend, ... 108 380. Subsequent pleadings and proceedings same as in an action,.. .. 109 381. Answer and reply to be verified as in an action,.. 109 CHAPTER III. CONFESSION OF JUDGMENT WITHOUT ACTION, 383. Statement in writing, and form thereof, CHAPTER IV. OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE OR A PART OF Section 385. Defendant may serve offer to compromise and the proceedings thereon,. 109 109 109 109 110 .. 110 386. Defendant may offer to liquidate damages condi tionally, 387. Effect of acceptance or refusal of offer, CHAPTER V. 110 110 .. 111 ADMISSION OR INSPECTION OF WRITINGS, 390. A party may examine his adversary as a witness, 395. Testimony by a party not responsive to the inqui- 112 396. Persons for whom action is brought or defended, 113 CHAPTER VII. 397. Examinations of co-plaintiff or co-defendant, EXAMINATION OF WITNESSES,. Section 398. No witness to be excluded by reason of interest, 113 399. To whom last section inapplicable, CHAPTER VIII. MOTIONS AND ORDERS, 114 Section 400. Definition of an order,. 114 401. Definition of a motion. Motions how and where made, 114 Section 402. When notice is necessary, it must be eight days before hearing, 403. In actions in supreme court, county judge may Pago. 115 act at chambers. His orders how reviewed,... 115 404. In absence of judge at chambers, motion may be transferred by him to another judge,.. 405. Enlarging time for proceedings in an action,. 115 115 116 116 116 116 CHAPTER XI. NOTICES AND FILING AND SERVICE OF PAPERS, . 116 Section 408. Notices and other papers, how served on party 409. or attorney, 116 410. 411. When and how served by mail,.. 117 412. Double time when served by mail, 413. Eight days' notice of motion, &c., before court or judge when personally served,. 117 117 414. Where papers need not be served on defendant,.. 117 415. Service of papers where party resides out of the state 117 416. Summons and pleadings to be filed within ten days after service,. 117 117 417. Service, where party appears by attorney,. CHAPTER XII. DUTIES OF SHERIFFS AND CORONERS, Section 421. Referees authorized to administer oaths and to exercise powers now vested in referees by law, 118 CHAPTER XV. MISCELLANEOUS PROVISIONS, 118 Section 422. Papers lost or withheld, how supplied, 423. Where undertakings to be filed, 118 118 424. Judgment on bond and warrant of attorney, executed before July 1, 1848, 118 Page. TITLE XIII. Section 425. Time for publication of notices, how computed,... 119 426. Laws of other states and other governments, how proved,.... ACTIONS IN PARTICULAR CASES,.. 119 119 119 II. Actions in place of scire facias, quo warranto, and III. Actions for the partition of real property,. 124 124 V. General provisions relating to actions concerning 125 CHAPTER I. 119 119 ACTIONS AGAINST FOREIGN CORPORATIONS, Section 427. Where and by whom brought, CHAPTER II. ACTIONS IN PLACE OF SCIRE FACIAS, QUO WARRANTO, AND OF INFORMATIONS IN THE NATURE OF QUO WARRANTO,. ... 120 Section 428. Scire facias, and quo warranto abolished and this chapter substituted,. 120 .. 120 429. Action may be brought by attorney-general to 431. Leave, how obtained, 121 432. Action upon information or complaint, of course, 121 433. Action, when and how brought to vacate letters patent, 121 434. Relator, when to be joined as plaintiff, 122 435. Complaint and arrest of defendant, in action for usurping an office, 122 436. Judgment in such action, 122 437. Assumption of office, &c., by relator, when judg- 442. Judgment of forfeiture against a corporation, 444. Restraining corporation and appointment of receiver 123 445. Copy of judgment roll against corporation, where to be filed, 123 446. Entry of judgment relating to letters patent in 124 CHAPTER III. ACTION FOR THE PARTITION OF REAL PROPERTY, . CHAPTER IV. ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY, AND FOR 450. Action of waste abolished. Waste how remediable,.. Page. 124 124 124 124 124 124 452. When judgment of forfeiture and eviction to be given, 125 453. Writ of nuisance abolished,... 454. Remedy for injuries heretofore remediable by writ of nuisance, CHAPTER V. GENERAL PROVISIONS RELATING TO ACTIONS CONCERNING REAL PROPERTY,. TITLE XIV. PROVISIONS RELATING TO EXISTING SUITS, . 125 125 125 125 125 125 457. Writ of error in all cases abolished. Appeal substi tuted,. 125 458. Execution when issuable on a judgment docketed before July 1, 1848,.... 126 126 459. Proceedings by rehearing abrogated, 461. Issues of fact in county court or common pleas before 467. Rule of strict construction of statutes inapplicable to this act, 127 468. Statutory provisions inconsistent with this act repealed, 469. Rules and practice inconsistent with this act abrogated, 470. Judges of supreme court to make general rules,..... 471. This act not to affect certain proceedings and statutory 127 provisions, .. 128 128 128 472. Certain parts of revised and other statutes not repealed, 129 473. This act, when to take effect, 129 |