REFER TO SECTIONS.] METES AND BOUNDS, Continued. order shall describe property, 259. copy of order shall be served on owner or occupant, 259. surveyors and assistants necessary may enter upon property, 259. party liable for unnecessary injury, 259. MINES AND MINING CLAIMS. See JUSTICES' COURTS. MINOR. See INFANT. MISJOINDER, of parties, to be demurred to, 40. of causes of action, to be demurred to, 40. MISTAKE, in name of party may be corrected, 68. terms may be imposed, 68. party may be relieved of judgment, order, etc., taken against him, 68. MODIFICATION, of verdict, may be made, 172. when it may be done, 172. under whose advice it may be done, 172. jury may be sent out to bring new verdict, 172. of award, 387. by whom done, 387. motion requisite, 387. may be made if there be a miscalculation of figures, 387. mistake in description of person or property, 387. when award if made upon matters not submitted, 387. when it could have been amended if it had been a verdict, 387. N NAME, of parties, pleadings may be amended as to, 68. of defendant, when plaintiff is ignorant of, 69, 540. NEGLIGENCE, relief from judgment taken through excusable neglect, 68. plaintiff may demur to sufficiency of, 50. shall be taken to be controverted on trial, 65. issue will arise upon, 153. if adverse party testify to, not responsive, 421. NEW TRIAL, definition of, 192. immaterial exceptions disregarded on motion for, 188. report of Judge or referee deemed excepted to on motion for, 191. irregularity in the proceedings ground for, 193. abuse of discretion ground for, 193. misconduct of jury ground for, 193. accident or surprise ground for, 193. newly discovered evidence ground for, 193. excessive damages ground for, 193. insufficiency of the evidence to justify the verdict ground for, 193. error in law ground for, 193. application for, how made, 194. when notice of motion for, 195. time for filing affidavit or statement, 195. settlement of statement, 195. adverse party may use counter affidavits, 195. application for, to be made without delay, 196. appeal may be taken from order granting or refusing, 336, 347. on application for mandamus, 474. NONRESIDENT, where to sue or to be sued, 20. affidavit for publication of summons against, 30. service of summons on, 31. Court may appoint attorney to appear for, 31. PARTIES, Continued. errors in pleadings not affecting substantial rights of, to be disregarded, 71. may have nonsuit entered, 148. may bring issue to trial, 157. may consent to a jury less than twelve, not less than three, 159. may waive jury trial, 179. may agree to reference of cause, 182. not consenting, when reference may be ordered, 183. to agree upon referees, 184. may object to referees, 185. to actions to determine claims to real property, 254. may enter upon land to survey the same, 258. to action for partition of real property, 264. in partition, interest of all to be set forth in complaint, 265. if unknown, that fact to be stated in complaint, 265. to pay expenses of partition, 280. may consent to one referee in partition, 309. adverse, to be served with notice of appeal, 337. to sign agreed statement on appeal, 341. either of the, may bring appeal to a hearing, 351. refusing to be sworn, may have pleadings stricken out, 309. may agree upon case without action, 377. when, may be witnesses, 422, 399. may be witnesses in their own behalf, 422, 423. when to be examined, 418. refusing to testify may be punished for contempt, 420. may have deposition taken, 429. may attend examination of witness by deposition, 430. when an action for, may be brought, 264. lis pendens to be filed in an action for, 267. party is out of the State, 269. what answers in, to contain, 270. what rights may be determined in, 271. how rights of unknown parties in, determined, 271. lienholders to be made parties to a, 273. lienholders to be brought into, by amendment or supplemental com lienholders in, to be notified to make proofs, 274. Court may order property sold in, where no division can be made, 275. how to be made, 276. referees in, to make report, 277. Court may confirm or set aside report of referees in, 278. effect of, 278. judgment in, not to affect tenants for years less than ten, 279. referees' expenses in, how paid, 280. how lien on undivided share affected by, 281. how life estate in undivided share affected by, 282. when property ordered sold in, how proceeds applied, 283, 285, 286. See PROPERTY, REAL. PARTNERS. See COPARTNERS. PENALTY, STATUTORY, where enforced, and in what county tried, 19. PEOPLE, who to verify pleadings in actions by, 55. injunction granted against corporation in action by, 117. action for usurpation of office or franchise to be brought in the name of, 310 REFER TO SECTIONS.] OFFICER, PUBLIC, Continued. disobeying writ of mandamus may be fined, 479. amount of fine against, may be retained from salary, 479. OPINION, of Judge to be furnished by appellant to appellate Court, 346. ORDER OF ARREST, from whom obtained, 75. when to be made, 75. affidavit to obtain, to be filed, 75. undertaking required before making, 76. what to accompany, 77. how executed, 78, 79. when and how returned, 86. may be vacated, 97. See ARREST. ORDER OF COURT, to bring in other parties, when, 17. for trial of fact not in issue by the pleadings, 3. to serve summons by publication, 30. shall direct publication for a certain period, 31. to appoint attorney for absent defendant, 31. restraining defendant, pending motion for injunction, 114. appeal from, 333, 344, 347. made out of Court may be vacated, 334. appeal from, 335. of arbitration, by consent, 382. to have prisoner examined as witness, 413. of arrest. See ARREST. to take depositions, 429. to issue commission to take testimony out of the State, 433. to perpetuate testimony, 438. shall be served or published according to the particular case, 438. ORDINANCE, how actions for violation of, begun, 636. complaint may refer to, by its title, 636. actions for violation of, when tried by Court, 639. ORIGINAL, writing, loss of, to be shown before other evidence allowed, 447. See WRITINGS. P PAPERS. See WRITINGS. PARTIES, names of, in civil action, 2. what, to be joined as defendants, 14. severally liable may or may not be joined at plaintiff's option, 15. may be ordered brought in, 17. to an action to be stated in summons, 24. to an action to be stated in complaint, 39. another action pending between same, ground of demurrer, 40. defect of, ground of demurrer, 40. misjoinder of, 40. pleadings may be subscribed by, 51. pleadings may be verified by, 55. need not set forth items of an account in a pleading, 56. may amend pleadings, of course, 67. name of, may be added or stricken out of pleadings by the Court, 68. PARTIES, Continued. errors in pleadings not affecting substantial rights of, to be disregarded, 71. may have nonsuit entered, 148. may bring issue to trial, 157. may consent to a jury less than twelve, not less than three, 159. may waive jury trial, 179. may agree to reference of cause, 182. not consenting, when reference may be ordered, 183. to agree upon referees, 184. may object to referees, 185. to actions to determine claims to real property, 254. may enter upon land to survey the same, 258. to action for partition of real property, 264. in partition, interest of all to be set forth in complaint, 265. if unknown, that fact to be stated in complaint, 265. to pay expenses of partition, 280. may consent to one referee in partition, 309. adverse, to be served with notice of appeal, 337. to sign agreed statement on appeal, 341. either of the, may bring appeal to a hearing, 351. refusing to be sworn, may have pleadings stricken out, 309. may agree upon case without action, 377. when, may be witnesses, 422, 399. may be witnesses in their own behalf, 422, 423. when to be examined, 418. refusing to testify may be punished for contempt, 420. may have deposition taken, 429. may attend examination of witness by deposition, 430. when an action for, may be brought, 264. lis pendens to be filed in an action for, 267. party is out of the State, 269. what answers in, to contain, 270. what rights may be determined in, 271. how rights of unknown parties in, determined, 271. lienholders to be made parties to a, 273. lienholders to be brought into, by amendment or supplemental com- lienholders in, to be notified to make proofs, 274. Court may order property sold in, where no division can be made, 275. how to be made, 276. referees in, to make report, 277. Court may confirm or set aside report of referees in, 278. effect of, 278. judgment in, not to affect tenants for years less than ten, 279. referees' expenses in, how paid, 280. how lien on undivided share affected by, 281. how life estate in undivided share affected by, 282. when property ordered sold in, how proceeds applied, 283, 285, 286. See PROPERTY, REAL. PARTNERS. See COPARTNERS. PENALTY, STATUTORY, where enforced, and in what county tried, 19. PEOPLE, who to verify pleadings in actions by, 55. injunction granted against corporation in action by, 117. action for usurpation of office or franchise to be brought in the name of, 310. REFER TO SECTIONS.] PRESENT TENSE to include the future, 647. PRINTING, what, to include, 647. PRISONER, how, may be produced for examination as a witness, 412. wrongs, how redressed or prevented, 1. PROBATE COURT, to be one in each county, p. 561. execution to issue in certain cases on permission of, 215. See EXECUTION. PROMISSORY NOTES, not subject to set-off if assigned before due, 5. persons severally liable on, may be joined or not at the option of plaintiff, 15. affidavit, admission and certificate are, 33. what certificate and affidavit shall state, 34. PROPERTY, personal, several causes of action to recover, may be united, 64. plaintiff claiming delivery of, to make affidavit, 100. other proceedings in action for delivery of, 100-111. what, may be attached, 124. how, attached, 125. claim of, by third persons, 109, 131, 218. inventory of, in attachment, 129. perishable, how sold, 130. how execution issued for levying on, 210. how execution levied on, 217. what, is exempt from execution, 219. judgment may be for possession of, 200. how sold, 223. perishable, to be sold, 130, 221, 654. injuries to, where tried, 535. See REPLE IN; JUSTICES' COURTS. married women may bring action for separate, alone, 7. real, actions for recovery of, where tried, 18. notice of lis pendens to be filed in actions affecting title to, 27, 267. how, described in actions to recover, 58. several actions to recover specific, may be united, 64. what other actions affecting, may be united, 64. how attached, 125. notice of sale of, on execution, 221. how sold, 223. certificate of sale of, what to contain, 229. how and by whom redeemed, 231. what is a nuisance to, 249. waste on, ground of action, 250. trespass on, ground of action, 251. damages for forcible entry upon title to, not subject to arbitration, 380. actions on conflicting claims to, 254-263. by whom brought and against whom, 254. when plaintiff shall not recover costs in, 255. how verdict and judgment shall be when plaintiff's right to recover, has terminated during the pendency of the action, 256. when value of improvements on, may be offset against damages, 257. Court may order survey, 258. plaintiff liable for injury to, by surveyors, 259. mortgage of, not a conveyance, 260. mortgage of, must be foreclosed, 246–248. Court may restrain injury to, during foreclosure, 261. |