2. Against a motion there seems to be no statute of limitations, and it may be made when there is no unreasonable delay. Reynolds v. Parrez, 14 Cal. 668.

3. Where a party in his notice of motion served on the adverse party, asks for a specific relief, or for such other or further order as may be just, the Court may afford any relief compatible with the facts of the case presented. The People v. Turner, i Cal. 152.

4. A second application for an order refused, or granted conditionally, except the application be made in a higher Court, may be punished as a contempt. This does not apply to cases where the application is refused for informality of papers. See Appendix "Act concerning Courts," §§ 105, 106.

§ 516. Motions, where to be made.

Motions shall be made in the county in which the action is brought, or in an adjoining county in the same district.

N. Y. Code, § 401. See Appendix "Acts concerning Courts," § 25.

§ 517. Notice of motion, at what time to be given.

[1853.] When a written notice of a motion is necessary, it shall be given, if the Court be held in the same district with both parties, five days before the time appointed for the hearing; otherwise ten days, but the Court, or Judge, or County Judge, may prescribe a shorter time.

N. Y. Code, § 402.

1. The Court has it always in its power, in the exercise of a proper discretion, to extend the time fixed by law for filing papers in a cause. Wood v. Fobes, 5 Id. 62.

§ 518. Transfer of motions, and orders to show cause.

When a notice of motion is given, or an order to show cause is made returnable before a Judge out of Court, and at the time fixed for the motion, or on the return day of the order, the Judge is unable to hear the parties, the matter may be transferred by his order to some other Judge, before whom it might originally have been brought.

N. Y. Code, § 404.

§ 519. Provisions of this title not applicable to original or final

process.

Written notices and other papers, when required to be served on the party or attorney, shall be served in the manner prescribed in the next three sections, when not otherwise provided; but nothing in this title shall be applicable to original or final process, or any proceedings to bring a party into contempt.

J. P.

§ 520. Service of notice of motion, when personal or otherwise. The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:

1st. If upon an attorney, it may be made during his absence from his office, by leaving the notice or other papers with his Clerk therein, or with a person having charge thereof; or when there is no person in the office, by leaving them, between the hours of eight in the morning and six in the afternoon, in a conspicuous place in the office; or if it be not open, so as to admit of such service, then by leaving them at the attorney's residence, with some person of suitable age and discretion; and if his residence not be known, then by putting the same enclosed in an envelope, into the post-office, directed to such attorney;

2d. If upon a party, it may be made by leaving the notice or other paper at his residence, between the hours of eight in the morning and six in the evening, with some person of suitable age and discretion; and if his residence be not known, by putting the same, enclosed in an envelope, into the post-office, directed to such party. J. P.; N. Y. Code, § 409.

§ 521. Service may be made by mail when persons reside in different places.

Service by mail may be made, where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by mail. N. Y. Code, § 410.

1. When the paper is deposited in the proper post-office, correctly addressed, and postage paid, the service is deemed complete, and the party to whom it is addressed takes the risk of the failure of the mail. Jacobs v. looker, 1 Barb. 71.

$ 522. Manner of service by mail.

[1861.] In case of service by mail, the notice, or other paper, shall be deposited in the post-office, addressed to the person on. whom it is to be served, at his place of residence, and the postage paid. And in such case, the time of service shall be increased one day for every twenty-five miles distance between the place of deposit and the place of address; provided, that service in any case shall be deemed complete at the end of ninety days from the date of its deposit in the post-office.

§ 523. Appearance. Notices after appearance.

A defendant shall be deemed to appear in an action when he answers, demurs, or gives the plaintiff a written notice of his appearance, or when an attorney gives notice of appearance for him. After appearance, a defendant or his attorney shall be entitled to notice of all subsequent proceedings, of which notice is required to be given. But where a defendant has not appeared, service of notice or papers need not be made upon him, unless he be imprisoned for want of bail.

J. P.; N. Y. Code, § 414.

1. Where the record shows, in general terms, the appearance of parties, the appearance will be confined to these parties served with process. Chester v. Miller, 13 Cal. 558.

2. The object of a summons is to bring the party into Court. If that object be obtained by the appearance and pleading of the party, he cannot complain. Smith v. Curtis, 7 Cal. 584.

3. When a defendant appears for the purpose of taking advantage of irregular summons by a motion to dismiss, it does not amount to a waiver of his rights so as to cure the defect. Deidesheimer v. Brown, 8 Cal. 339.

4. Nor does he waive his rights by answering after moving to dismiss, and motion overruled. Id.

5. Where the Court makes an order requiring plaintiff to appear at a certain time, and show cause why a judgment in his favor should not be set aside, and it does not appear that a copy of the order was served on plaintiff or his attorney, or that any notice was given of the time at which the matter was to be heard, it is error for the Court to set aside the judgment, and its order to that effect will be reversed on appeal. Vallejo v. Green, 16 Cal. 60.

6. When a motion is made to dismiss, upon an irregular appearance, and is overruled, and defendant answers, it is not to be considered as such an appearance as waives the irregularity. Deidesheimer v. Brown, 8 Cal. 339.

§ 524. Service on nonresidents. Where a party has an attorney. service shall be on such attorney.

When a plaintiff or a defendant, who has appeared, resides out of the State, and has no attorney in the action or proceeding, the service may be made on the Clerk for him. But in all cases where a party has an attorney in the action or proceeding, the service of papers, when required, shall be upon the attorney instead of the party, except of subpoenas, of writs, and other process issued in the suit, and of papers to bring him into contempt.

N. Y. Code, § 415.

§ 525. Successive actions on the same contract, etc.

Successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom.

J. P.

§ 526. Consolidation of several actions into one.

Whenever two or more actions are pending at one time between the same parties, and in the same Court, upon causes of action which might have been joined, the Court may order the actions to be consolidated into one.

J. P.; N. Y. Code, § 212.

J.P. See Ject 635°

§ 527. Adverse claims, action may be brought to determine.

An action may be brought by one person against another, for the purpose of determining an adverse claim which the latter makes against the former, for money or property, upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which the plaintiff is bound as security.

J. P.; Willard's Eq. Jur. 106-124.

1. Sustained. King v. Hall, 5 Cal. 82.

§ 528. The Clerk shall keep a register of actions.

The Clerk shall keep among the records of the Court, a register of actions. He shall enter therein the title of the action, with brief notes under it, from time to time, of all papers filed, and proceedings had therein.

$529. Two of three referees, etc., may do any act.

When there are three referees, or three arbitrators, all shall meet, but two of them may do any act which might be done by all.

§ 530. Computation of time in this act. The time within which an act is to be done may be extended.

[1861.] The time within which an act is to be done, as provided in this Act, shall be computed by excluding the first day, and including the last; if the last day be Sunday, it shall be excluded. When the act to be done relates to the pleadings in the action, or the undertakings to be filed, or the justification of sureties, or the service of notices, other than of appeal, or the preparation of statements, or of bills of exceptions, or of amendments thereto, the time allowed by this Act may be extended, upon good cause shown, by the Court in which the action is pending, or the Judge thereof, or

in the absence of such Judge from the county in which the action is pending, by the County Judge; but such extension shall not exceed thirty days beyond the time prescribed by this Act, without the consent of the adverse party.

N. Y. Code, § 407.

1. When time is important, Courts will inquire into a day, or fractional portion of a day. People v. Beatty, 14 Cal. 566.

§ 531. Papers without the title of the action, or with defective title, may be valid.

An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, shall be as valid and effectual for any purpose, as if duly entitled, if it intelligibly refer to such action or proceeding.

1. A slight error in the title of a cause, where there is no other suit pending between the parties, will not invalidate the notice. Mills v. Dunlap, 3 Cal. 94.

§ 532. Limitation of actions which have arisen in another State.

When a cause of action has arisen in another State, or in a foreign country, and, by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of a citizen thereof, who has held the cause of action from the time it accrued.

J. P.

1. Where a judgment by confession was entered in Pennsylvania, which was afterward opened, and a trial had, which resulted in judgment for plaintiff : Held, that our Statute of Limitations did not commence running until the final entry, although, by the laws of Pennsylvania, the lien of the first judgment was not destroyed. Parke v. Williams, 7 Ċal. 247.

2. The Statute of Limitations of this State only commences running against a judgment from the time of the final entry thereof. Id.