4. For the recovery of personal property distrained for any cause. § 124. [104.] (Am'd 1849.) Actions to be tried where cause of action arose. Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the like power of the court to change the place of trial, in the cases provided by stat ute: 1. For the recovery of a penalty or forfeiture imposed by statute, except that, when it is imposed for an offence committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offence was committed: 2. Against a public officer, or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who, by his command or in his aid, shall do anything touching the duties of such officer. § 125. [105.] Action to be tried where parties reside. In all other cases the action shall be tried in the county in which the parties, or any of them, shall reside at the commencement of the action; or, if none of the parties shall reside in the State, the same may be tried in any county which the plaintiff shall designate in his complaint, subject, however, to the power of the court to change the place of trial, in the cases provided by statute. § 126. [105.] (Am'd 1851.) Change of place of trial. If the county designated for that purpose in the complaint be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant, before the time for answering expire, demand in writing that the trial be had in the proper county, and the place of trial be thereupon changed by consent of parties, or by order of the court, as is provided in this section. The court may change the place of trial in the following cases: 1. When the county designated for that purpose in the complaint is not the proper county; 2. When there is reason to believe that an impartia trial cannot be had therein; 3. When the convenience of witnesses and the ends of justice would be promoted by the change. When the place of trial is changed, all other proceedings shall be had in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties, in writing, duly filed, or order of the court; and the papers shall be filed or transferred accordingly. TITLE V. Manner of Commencing Civil Actions. SECTION 127. Actions, how commenced. 128. Summons, requisites of. 129. Notice to be inserted in summons. 130. Complaint need not be served with summons. 131. Defendant unreasonably defending. 132. Notice of lis pendens. 133. Service of summons. 134. Return of summons. 135. Publication of summons. 136. Proceedings when part only of defendants served-partners. 138. Proof of service. 139. When jurisdiction of action acquired. § 127. [106.] Actions, how commenced. Civil actions in the courts of record of this State shall be commenced by the service of a summons. § 128. [107.] Summons, requisites of. The summons shall be subscribed by the plaintiff or his attorney, and directed to the defendant, and shall require him to answer the complaint, and serve a copy of his answer on the person whose name is subscribed to the summons, at a place within the State, to be therein specified, in which there is a post-office, within twenty days after the service of the summons, exclusive of the day of service. § 129. [108.] (Am'd 1849.) Notice to be inserted in sum mons. The plaintiff shall also insert in the summons a notice, ip substance as follows: 1. In an action arising on contract, for the recovery of money only, that he will take judgment for a sum specified defendant fail to answer the complaint, in twenty days a of the summons. 2. In other actions, that if the defendant shall fail complaint within twenty days after service of the plaintiff will apply to the court for the relief demand plaint. § 130. [109.] (Am'd 1849, 1851.) Service of co A copy of the complaint need not be served with In such case, the summons must state where the compl be filed; and if the defendant, within twenty days ther notice of appearance to be given, and, in person or demands, in writing, a copy of the complaint, specifying a the State where it may be served, a copy thereof must, w days thereafter, be served accordingly; and after such defendant has twenty days to answer; but only one co served on the same attorney. § 131. [110.] (Am'd 1851.) Notice of no person In the case of a defendant against whom no person made, the plaintiff may deliver to such defendant, with th a notice subscribed by the plaintiff or his attorney, settin general object of the action, a brief description of th affected by it, if it affects specific real or personal propert no personal claim is made against such defendant, in wh copy of the complaint need be served on such defendant, un the time for answering he shall, in writing, demand the s defendant on whom such notice is served unreasonably action, he shall pay costs to the plaintiff. § 132. [111.] (Am'd 1849, 1851, 1857, 1858, 1862, 1866 of lis pendens. In an action affecting the title to real property, the plaint time of filing the complaint, or at any time afterwards, or w warrant of attachment, under chapter four of title seven, par of this Code, shall be issued, or at any time afterwards, the or a defendant when he sets up an affirmative cause of acti or at any time afterwards, if the same be intended to affect real estate, may file with the clerk of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and the description of the property in that county affected thereby; and if the action be for the foreclosure of a mortgage, such notice must be filed twenty days before judgment, and must contain the date of the mortgage, the parties thereto, and the time and place of recording the same. From the time of filing only shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby; and every person whose conveyance or incumbrance is subsequently executed or subsequently recorded, shall be deemed a subsequent purchaser or incumbrancer, and shall be bound by all proceedings taken after the filing of such notice, to the same extent as if he were made a party to the action. For the purposes of this section, an action shall be deemed to be pending from the time of filing such notice; provided, however, that such notice shall be of no avail unless it shall be followed by the first publication of the summons on an order therefor, or by the personal service thereof on a defendant within sixty days after such filing. And the court in which the said action was commenced may, in its discretion, at any time after the action shall be settled, discontinued, or abated, as is provided in section number one hundred and twenty-one, on application of any person aggrieved, and on good cause shown, and on su h notice as shall be directed or approved by the court, order the notice authorized by this section to be canceled of record by the clerk of any county in whose office the same may have been filed or recorded; and such cancellation shall be made by an indorsement to that effect on the margin of the record, which shall refer to the order, and for which the clerk shall be entitled to a fee of twentyfive cents. § 133. [112.] Summons, by whom served. The summons may be served by the sheriff of the county where the defendant may be found, or by any other person not a party to the action. The service shall be made, and the summons returned with proof of the service to the person whose name is subscribed thereto, with all reasonable diligence. The person subscribing the summons may, at his option, by an indorsement on the summons, fix a time for the service thereof, and the service shall then be made accordingly. § 134. [113.] (Am'd 1849, 1851, 1859.) Service of summons. The summons shall be served by delivering a copy thereof as follows: 1. If the suit be against a corporation, to the president or other head of the corporation, secretary, cashier, treasurer, a director, or managing agent thereof; but such service can be made in respect to a foreign corporation only when it has property within this State, or the cause of action arose therein, or where such service shall be made within this State personally upon the president, treasurer, or secretary thereof. 2. If against a minor under the age of fourteen years, to such minor personally, and also to his father, mother, or guardian; or, if there be none within the State, then to any person having the care and control of such minor, or with whom he shall reside, or in whose service he shall be employed. 3. If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs in consequence of habitual drunkenness, and for whom a committee has been appointed, to such committee and to the defendant personally. 4. In all other cases, to the defendant personally. § 135. [114.] (Am'd 1849, 1851, 1858, 1860.) Service by publication.-Form of summons. Where the person on whom the service of the summons is to be made cannot, after due diligence, be found within the State, and that fact appears by affidavit to the satisfaction of the court or a judge thereof, or of the county judge of the county where the trial is to be had, and it in like manner appears that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a proper party to an action relating to real property in this State, such court or judge may grant an order that the service be made by the publication of a summons in either of the following cases: 1. Where the defendant is a foreign corporation, has property within the State, or the cause of action arose therein; 2. Where the defendant, being a resident of this State, has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent; |