sum specified therein, if the defendant fail to answer the complaint:

2. In other actions, that if the defendant fail to answer the complaint, the plaintiff will apply to the court for the relief demanded therein.

Amended Code, § 129.

§ 624. A copy of the complaint must be served with the summons, unless the complaint itself be already on the files of the court. In the latter case, the service of a copy with the summons may be omitted, but then the summons must state where the complaint is filed; and if the defendant, within ten days thereafter, in person or by attorney, demand in writing, a copy of the complaint, specifying a place within the state where it may be served, a copy thereof must be served accordingly, and after such service the defendant has twenty days to answer; but only one copy need be served on the same attorney.

Amended Code, § 130.

It will be seen, that this section differs from the code as amended in this important respect, that while the latter permits a plaintiff to commence an action without filing or serving his complaint, the former requires it to be either filed or served.

The reason for the change is this. If a defendant be served with a summons, requiring him merely to answer a complaint, which will be filed, he must, almost as a matter of necessity, employ a lawyer, to see that no advantage is taken of him. But if the summons inform the defendant that the complaint against him is on file, and where he may find it,

or, what is better, if it be accompanied by a copy, he can determine for himself in most cases, whether there be any occasion for him to make a defence. If it be desirable to relieve defendants, as far as possible, from the necessity of employing a lawyer, then the section, as we have it, ought to stand.

If it be objected, that there are cases of great urgency, not admitting of the delay incident to the preparation of a complaint, it is to be answered, that such cases are very rare, that an arrest or other provisional remedy cannot in any case be had, without an affidavit, which requires as much time as a complaint, and that formerly no serious embarrassment resulted from requiring a bill to be filed before an injunction was issued.

§ 625. In the case of a defendant against whom no personal claim is made, the plaintiff may deliver to him with the summons, a notice subscribed by the plaintiff or his attorney, setting forth the general object of the action, a brief description of the property affected by it, if it affect specific real or personal property, and that no personal claim is made against such defendant. If a defendant, on whom such notice is served, unreasonably defend the action he must pay costs to the plaintiff.

Amended Code, § 130. Changed, so as to embrace every action instead of confining it, as before, to actions for partition of real property or foreclosure of mortgages.

§ 626. In an action affecting the title to real property, the plaintiff, at the time of filing the complaint, or at any time afterwards, 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 a description of the property in that county affected thereby. 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 names of the parties thereto, and the time and place of recording the same. From the time of filing, and for two years thereafter only, the pendency of the action is constructive notice to a purchaser or incumbrancer of the property affected thereby, but the notice may be refiled from time to time with the same effect.

Amended Code, § 132.

§ 627. The summons may be served, by the sheriff of the county where the defendant is found, or by any other person not a party to the action. The service must 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 endorsement on the summons, fix a time for the service thereof, and the service must then be made accordingly. Amended Code, § 133.

§ 628. The summons must 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, or managing agent thereof:

2. If against a minor under the age of fourteen years, to such minor personally, and also to his father, mother, [CIVIL CODE.]

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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 resides or in whose service he is employed:

3. If against a person judicially declared to be of unsound mind, or incapable of conducting his own af fairs 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.

Amended Code, § 134.

§ 629. 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, 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 necessary or 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:

2. Where the defendant being a resident of this state, has departed therefrom, with intent to defraud his creditors, or avoid the service of a summons, or keeps himself concealed therein, with the like intent, and the action arises on obligation:

3. Where he is not a resident of this state, but has property therein, and the action arises on obligation, and the court has jurisdiction of the subject of the action:

4. Where the subject of the action is real or personal property in this state, and the defendant has, or claims, a lien or interest, actual or contingent, therein, or the relief demanded consists, wholly or partly, in excluding the defendant from any interest therein:

5. Where the action arises upon a mortgage on property in this state, and the defendant is personally chargeable with the debt for which the mortgage is security:

6. Where the action is for divorce, in the cases prescribed by law.

Amended Code, § 135.

§ 630. The order must direct the publication to be made in two newspapers to be designated, as most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, not less than once a week, for six weeks. In case of publication, the court or judge must also direct a copy of the summons and complaint, to be forthwith deposited in the post office, directed to the person to be served, at his place of residence, unless it appear that such esidence is neither known to the party making the application, nor can with reasonable diligence be ascertained by him. When publication is ordered, personal service of a copy of the summons and complaint, out