SECTION 734. Measure of damages in certain cases under the last section......... 198

735. Damages in actions for forcible entry, etc., may be trebled........ 198

ACTIONS TO

CHAPTER III.

DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY,

AND OTHER PROVISIONS RELATING TO ACTIONS CONCERNING

REAL ESTATE.

SECTION 738. Parties to an action to quiet title.........

739. When plaintiff cannot recover costs......................

199

199

199

740. If plaintiff's title terminates pending the suit, what he may re-

cover, and how verdict and judgment to be...............

741. When value of improvements can be allowed as a set-off........... 199

742. An order may be made to allow a party to survey and measure

the land in dispute ....

199

743. Order, what to contain and how served. If unnecessary injury

done, the party surveying to be liable therefor

...........

744. A mortgage must not be deemed a conveyance, whatever its

745. When Court may grant injunction; during foreclosure; after sale

on execution, before conveyance

746. Damages may be recovered for injury to the possession after sale

and before delivery of possession..........

747. Action not to be prejudiced by alienation, pending suit..............

748. Mining claims, actions concerning to be governed by local rules

CHAPTER IV.

ACTIONS FOR THE PARTITION OF REAL PROPERTY.

SECTION 752. Who may bring actions for partition........

200

200

200

200

200

200

202

753. Interests of all parties must be set forth in the complaint............ 203

754. Lienholders not of record need not be made parties

203

755. Plaintiff must file notice of lis pendens......................

203

756. Summons must be directed to all persons interested in the prop-

759. The rights of all parties may be ascertained in the action.......... 204

760. Partial partition..................................

204

761. Lienholders must be made parties, or a referee be appointed to

ascertain their rights..........

205

762. Lienholders must be notified to appear before the referee ap-

pointed

205

763. The Court may order a sale or partition and appoint referees

therefor..........

206

................

9*-Co. C, PRO.

SECTION 764. Partition must be made according to the rights of the parties,

.......

as determined by the Court.....................

765. Referees must make a report of their proceedings...........

766. The Court may set aside or affirm report, and enter judgment

thereon. Upon whom judgment to be conclusive................................

206

206

207

767. Judgment not to affect tenants for years to the whole property 207

768. Expenses of partition must be apportioned among the parties.... 207

769. A lien on an undivided interest of any party is a charge only on

the share assigned to such party

.......

208

770. Estate for life or years may be set off in a part of the property

not sold, when not all sold..........

208

771. Application of proceeds of sale of incumbered property............. 208

772. Party holding other securities may be required first to exhaust

them

773. Proceeds of sale, disposition of.........

208

209

774. When paid into Court the cause may be continued for the deter-

mination of the claims of the parties............

⚫209

775. Sales by referees must be at public auction............

209

776. The Court must direct the terms of sale or credit...........

209

777. Referees may take securities for purchase money...

210

778. Tenants whose estate has been sold shall receive compensation 210

779. The Court may fix such compensation............

210

780. The Court must protect tenants unknown...........

210

781. The Court must ascertain and secure the value of future contin-

gent or vested interests...........

210

782. Terms of sale must be made known at the time. Lots must be

sold separately........

211

783. Who may not be purchasers.....................

.............

211

784. Referees must make a report of the sale to the Court..........

785. If confirmed, conveyances may be executed............

211

211

786. Proceeding if a lienholder become a purchaser......

211

787. Conveyances must be recorded, and will be a bar against parties 212

788. Proceeds of sale belonging to parties unknown must be invested

for their benefit..........................................................

212

789. Investment must be made in the name of the Clerk of the county 212

790. When the interests of the parties are ascertained, securities must

be taken in their names...........................................................

212

791. Duties of the Clerk making investments...........

judged in certain cases............

213

792. When unequal partition is ordered, compensation may be ad-

213

793. The share of an infant may be paid to his guardian.

213

794. The guardian of an insane person may receive the proceeds of

such party's interest.................

213

795. A guardian may consent to partition without action, and exe-

cute releases

214

796. Costs of partition a lien upon the shares of the parceners........... 214

797. The Court, by consent, may appoint a single referee..........

798. Apportionment of counsel fees and expenses.....................

214

215

ACTIONS FOR THE USURPATION OF AN OFFICE OR FRANCHISE.

SECTION 802. Certain writs abolished

217

803. Action may be brought against any party usurping, etc., any

office or franchise............................................

217

804. Name of person entitled to office may be set forth in the com-

plaint. If fees have been received by the usurper, he may be

arrested.......................

............

217

805. Judgment may determine the rights of both incumbent and

claimant.........

217

806. When rendered in favor of applicant.

807. Damages may be recovered by successful applicant............

808. When several persons claim the same office their rights may be

determined by a single action...........

809. If defendant found guilty, what judgment to be rendered against

218

218

218

him

218

CHAPTER VI.

OF ACTIONS AGAINST STEAMERS, VESSELS, AND BOATS.

SECTION 813. When vessels, etc., are liable. Their liabilities constitute liens

814. Actions may be brought directly against such vessels, etc.........

815. Complaint must be verified..........

219

220

220

816. Summons may be served on the master, mate, etc............

817. Plaintiff may have such vessel, etc., attached...................

220

220

818. The Clerk must issue the writ of attachment...........................

220

819. Such writ must be directed to the Sheriff. Sheriff may release

221

upon sufficient undertaking..............

221

221

820. Sheriff must execute such writ without delay........

821. The owner, master, etc., may appear and defend such vessel..... 221

822. Proceedings in actions under this Chapter............

823. After appearance attachment may, on motion, be discharged..... 222

824. When not discharged, such vessel, etc., may be sold at public

auction. Application of proceeds.....................

825. Mariners and others may assert their claim for wages, notwith-

standing prior attachment. How enforced.......

826. Proof of the claims of mariners and others......

222

222

223

827. Sheriff's notice of sale to contain measurement, tonnage, etc..... 224

TITLE XI.

OF PROCEEDINGS IN JUSTICES' COURTS.

CHAPTER I. Place of trial of actions in Justices' Courts.........

II. Manner of commencing actions in Justices' Courts...........

III. Pleadings in Justices' Courts........

IV. Provisional remedies in Justices' Courts.....

V. Judgment by default in Justices' Courts..........

224

227

231

233

237

VI. Time of trial and postponements in Justices' Courts.........

VII. Trials in Justices' Courts...........

238

..... 240

VIII. Judgments (other than by default) in Justices' Courts...........

IX. Executions from Justices Courts.........

242

245

X. Contempts in Justices' Courts.........

246

XI. Dockets of Justices.......................

248

XII. General provisions relating to Justices' Courts.........................

251

CHAPTER I.

PLACE OF TRIAL OF ACTIONS IN JUSTICES' COURTS.

SECTION 832. Action, in what township or city may be commenced............... 225

833. Place of trial may be changed in certain cases................
834. Limitation on the right to change.........

835. To what Court transferred........

836. Proceedings after order changing place of trial.....................................

837. Effect of an order changing place of trial.........................

838. Transfer of cases to the District Court......

226

844. Summons, how issued, directed, and what to contain ......

845. Time for appearance of defendant......................

849. Summons, by whom and how served and returned...............................

850. Hour for appearance............................

230

230

856. If the defendant omits to set up counter claim..........

232

SECTION 861. Order of arrest, and arrest of defendant........

862. Affidavit and undertaking for order of arrest......

863. A defendant arrested must be taken before the Justice imme-

diately..........

864. The officer must give notice to the plaintiff of arrest

865. The officer must detain the defendant...........

ARTICLE II.

ATTACHMENT.

233

235

236

233

234

234

235

235

SECTION 866. Writ of attachment shall issue upon affidavit....

867. Undertaking

on attachment must be required............

868. Writ of attachment, substance of. Officer may take an under-

taking instead of levying...........

235

235

236

869. Certain provisions apply to all attachments in Justices' Courts... 236

ARTICLE III.

CLAIM AND DELIVERY OF PERSONAL PROPERTY.

SECTION 870. How claim and delivery enforced.................

236

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