Obrázky stránek
PDF
ePub

..........587–588

TITLE XII.

OF THE MISCELLANEOUS PROCEEDINGS IN CIVIL ACTIONS,

AND GENERAL PROVISIONS.

CHAP. I. SUBMITTING A CONTROVERSY WITHOUT ACTION.

II. PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, LEGATEES,

DEVISEES, AND TENANTS HOLDING UNDER Á JUDGMENT

..588-591

III. CONFESSION OF JUDGMENT WITHOUT ACTION.

..591-597

IV. OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE

OR A PART OF THE ACTION..

597-601

V. ADMISSION OR INSPECTION OF WRITINGS..

..601-607

VI. EXAMINATION OF PARTIES..

..607–612

VII

. EXAMINATION OF WITNESSES..

612-627

VIII. MOTIONS AND ORDERS

627-636

IX. ENTITLING AFFIDAVITS..

637

X. COMPUTATION OF TIME..

.637-638

638-643

XII. DUTIES

643-644

XIII. ACCOUNTABILITY OF GUARDIANS...

644

XIV. POWERS OF REFEREES......

644

XV. MISCELLANEOUS PROVISIONS.

..645-647

CHAPTER I.— Submitting a controversy without action.

Sec. 372. Controversy, how submitted without action...

587

373. Judgment, how entered .....

588

374. Judgment, how enforced or appealed from

588

CHAPTER II. — Proceedings against joint debtors, heirs, derisees, legatees, and

tenants holding under a judgment debtor',

Sec. 375. Parties not summoned in action on joint contract may be

summoned after judgment.....

588

376. If judgment debtor die, his representatives may be sum-

moned....

589

377. Form of summons...

590

378. Summons to be accompanied by affidavit of amount due 590

379. Party summoned may answer and defend.

590

380. Subsequent pleadings and proceedings the same as in an

action.

590

381. Answer and reply to be verified as in an action.

591

CHAPTER III. Confession of judgment without action.

Sec. 382. Judgment may be confessed for debt due, or for contingent

liability...

591

383. Statement in writing, and form thereof...

592

384. Judgment and execution...

597

CHAPTER IV.–Offer of the defendant to compromise the whole or a part of

the action.

SEC. 385. Offer of compromise....

597

386. Defendant may offer to liquidate damages conditionally.. 601

387. Effect of acceptance or refusal of offer..

601

CHAPTER V.-Admission or inspection of writings.

SEC. 388. Inspection and copy of books, papers, and documents, how

obtained.

601

CHAPTER VI.-Examination of parties.

SEC. 389. Action for discovery abolished..

390. A party may examine his adversary as a witness..

391. Such examination also allowed before trial. Proceeding

therefor.....

392. Party, how compelled to attend..

393. Testimony of party may be rebutted..

394. Effect of refusal to testify..

395. Testimony of a party not responsive to the inquiries may

be rebutted by the oath of the party calling him.....

396. Persons for whom action is brought or defended may be

examined....

397. Examination of coplaintiff or codefendant...

CHAPTER VII.—Examination of witnesses.

SEC. 398. Interest not to exclude a witness.....

399. Parties to actions and special proceedings may be witnesses

on their own behalf, except in certain cases...

CHAPTER. VIII.— Motions and orders.

SEC. 400. Definition of an order.....

401. Definition of a motion; motions, how and when made;

motions in the first district; stay of proceedings;

compelling parties to testify on motions..

402. Notice of motion..

403. In actions in the supreme courrt, county judge may exer-

cise powers of a judge at chambers; his orders, how re-

viewed...

404. In absence, &c., of judge at chambers, motion may be

transferred to another judge ....

405. Enlarging time for the proceedings in an action.

CHAPTER IX.- Entitling affidarits.

Sec. 406. Affidavits defectively entitled.

CHAPTER X.- Computation of time.

SEC. 407. Time, how computed .....

CHAPTER XI.- Notices, and filing and service of papers.

SEC. 408. Notices, &c., how served..

409. Service, how made..

410. Service by mail.

411. The like...

412. Double time where service by mail..

413. Notice of motion, &c., where personally served.

414. When papers need not be served on defendant.

415. Service of papers where parties reside out of the State.

416. Summons and pleadings to be filed..

417. Service on attorney.

418. When this chapter does not apply.

CHAPTER XII.Duties of sheriffs and coroners.

SEC. 419. Duty of sheriff and coroner in serving or executing pro-

cess, and how enforced...

CHAPTER XIII.- Accountability of guardians.

Sec. 420. Guardians not to receive property until security given.....

CHAP.

...647-649

« PředchozíPokračovat »