Same. with some person of suitable age and discretion at either place; or, County Courts have jurisdiction. Parties defendant. Parties generally. Complaint. 3. If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found. 1163. The County Court of the county in which the property, or some part of it, is situated, has jurisdiction of proceedings under this Chapter. 1164. No person other than the actual occupants of the premises are necessary parties defendant to these proceedings, nor will the proceeding abate or plaintiff be nonsuited for the nonjoinder of any persons who might or should have been made parties defendant; but when it appears that any of the parties served with process or appearing in the proceeding are guilty of the offense charged, judgment must be rendered against the persons thus found guilty. And in case a married woman be tenant or occupant, and her husband is not a resident of the county in which the premises are situated, her marriage is no defense; but in case her husband be not joined, or unless she be doing business as a sole trader, an execution issued upon a judgment against her can only be enforced against property on the premises at the time of the commencement of the action. 1165. Except as provided in the preceding seetion, the provisions of Part II of this Code, relating to parties to civil actions, are applicable to this proceeding. 1166. The plaintiff must present to the County Judge his written complaint, setting forth therein the facts on which he seeks to recover, and describe the premises with reasonable certainty, and may charge that the defendant has acted fraudulently in making the forcible entry or detainer (in case the proceeding is brought for either), and may claim such damages therefor as he may deem proper, and in case of rent due must state the amount thereof. Upon receiving the complaint the Judge must fix a day for the appearance of the defendant in such action, and indorse the date thus fixed, together with the day of the presentation of the complaint, upon it; the Judge must also direct upon the complaint that the summons to be issued thereupon be served upon the defendant at a day not less than three days previous to the day set for the appearance of the defendant, and not more than twenty days from the date of making the order fixing the return day of the summons. 1167. The complaint, thus indorsed, must be filed with the Clerk of the County Court, and the Clerk must forthwith issue the summons. It must state the parties to the proceeding, the Court in which the same is brought, the nature of the proceeding, in concise terms, and the relief sought, and also the day fixed for the appearance of the defendant therein, and the number of days before the time of the appearance that the same is to be served on the defendant. It must notify the defendant to appear and answer within the time designated in the summons, or that the relief sought will be taken against him. The summons must be directed to the defendant, and must be served and returned in the same manner as the summons in a civil action is served and returned. 1168. If the complaint presented establishes, to Arrest. the satisfaction of the Judge, fraud, force, or violence in the entry or detainer, and that the possession held is unlawful, he may make an order for the arrest of the defendant. Judgment by default. Defendant may appear, etc. Trial by jury. Showing required of plaintiff in forcible. entry or detainer. 1169. If, at the time appointed, the defendant do not appear and defend, the Court must enter his default. and render judgment in favor of the plaintiff as prayed for in the complaint. 1170. On or before the day fixed for his appearthe defendant may appear and answer or demur. ance, 1171. Whenever an issue of fact is presented by the pleadings, if either party demand it, a jury must be summoned to try the issue. The jury must be summoned and formed as in Justices' Courts, and the provisions of this Code, respecting trials by jury in Justices' Courts, apply to trials by jury under this Chapter. 1172. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time Of defend- of the forcible detainer. The defendant may show in ant. Complaint must be amended in certain cases. his defense that he or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such showing is a bar to the proceedings. 1173. When, upon the trial of any proceeding under this Chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible detainer, and other than the offense charged in the complaint, the Judge must order that such complaint be forthwith amended to conform to such proofs. Such amendment must be without any imposition of terms. No continuance must be per mitted upon account of such amendment, unless the defendant, by affidavit filed, shows to the satisfaction of the Court good cause therefor. and 1174. If, upon the trial, the verdict of the jury or Verdict the finding of the Court is in favor of the plaintiff and judgment. against defendant, the Clerk must thereupon enter judgment for the restitution of the premises. The jury, or the Court, in case the proceeding is tried without jury, must also assess the damages occasioned to the plaintiff by the forcible entry or detainer, or in case of rent unpaid, the amount of rent then due, and thereupon judgment against the defendant for three times the amount of such damages or rent, as the case may be, so found or assessed, must be entered. Verification of 1175. The complaint and answer must be verified. complaint 1176. An appeal taken by the defendant does not stay proceedings upon the judgment unless the County Judge so directs. and answer. Effect of an appeal upon the judgment. practice. 1177. Except as otherwise provided in this Chapter Rules of the provisions of Part II of this Code are applicable to, and constitute the rules of practice in the proceedings mentioned in this Chapter. 1178. The provisions of Part II of this Code, relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Chapter, apply to the proceedings mentioned in this Chapter. Appeals,' etc. how taken, Definition of lien. TITLE IV. OF THE ENFORCEMENT OF LIENS. CHAPTER I. Liens in general. II. Liens of mechanics and others upon real property. III. Certain liens for salaries and wages. CHAPTER I. LIENS IN GENERAL. SECTION 1180. Definition of lien. 1180. A lien is a charge imposed upon specific property, by which it is made security for the performance of an act. CHAPTER II. LIENS OF MECHANICS AND OTHERS UPON REAL PROPERTY. SECTION 1183. What laborers, contractors, etc., may have liens upon. 1185. What interest in the land subject to the lien. 1187. Claim of lien to be filed in Recorder's office. 1188. Liens upon two or more pieces of property. Amount due from each to be designated. 1189. Claim to be recorded. Fees of Recorder. 1190. Time of continuance of lien. 1191. Service of summons by publication. 1192. Sub-contractors; who are, and when paid out of pro ceeds of sale. 1193. Costs. 1194. Court to declare rank of liens. 1195. Execution for deficit. 1196. Actions for separate liens may be joined, when and how. |