« ForrigeFortsett »
13. Declaration in ejectment; copy, with written notice to be served on defendants; refusal to appear or disclaimer of title; mesne profits.
14. Landlord and tenant; when copy of declaration cannot be legally served, or tenant not in actual possession; service or affixing of declaration to stand, instead of demand and re-entry; judgment for nonappearance; affidavit; when lessee and claimants under lease barred; effect of verdict for defendant, or non-suit of plaintiff; mortgagee of lease.
15. Suits where lands contiguous and in adjoining counties.
16. Defendants may sever; one set of plats to be returned.
17. Defendants in ejectment.
18. How joint holders may declare.
19. Each plaintiff to recover to extent of his title.
20. Patent to be presumed; user and ownership evidence of possession; to what titles not to apply.
21. Warrant of resurvey. 22. Same.
23. Party applying for warrant to make location of claim first.
24. In execution of warrant of resurvey, what to be located; when location by protraction to be prima facie evidence. 25. Amendments of plats and certificates; wit
26. Plats not to be deemed pleadings or evidence; counter location.
27. How lands may be described in ejectment; dower; trespass, or case.
28. Return of property in replevin; when to 29. Defendant in replevin failing to appear,
when judgment to be entered.
LIEN OF STATE'S SUIT.
30. All lands of debtor to State bound from the issue of the writ; exception.
63. What necessary to be stated in pleadings. 64. Pleadings; when sufficient; without reference to mere form.
65. Formal commencement or conclusion not
66. Where time or place necessary to be stated. 67. Special demurrer not allowed.
68. No general demurrer allowed for mere form.
69. Pleading over to facts without withdrawal of demurrer; questions of law on demurrer to be decided on appeal.
70. Judgment not to be arrested or set aside for mere form, or if one good count.
71. Objection fatal on demurrer, cured by verdict.
72. Several pleas allowed where consistent; no one plea to contain distinct matters of defence.
73. Non est factum to be pleaded on oath, unless defendant be heir or executor.
74. Claim in bar, or discount in suit on judgment or sealed instrument; judgment for the party in whose favor the excess is found.
75. Claim in bar, or discount in suit or simple contract.
76. In libel, justification.
77. Pleading in suit on bond of clerk or register. 78. Plea of non-damnificatus not allowed. 79. State's attorney may order execution on forfeited recognizance.
80. On return of execution defendant may plead as on sci. fa.; not to be discharged until trial without payment or security. 81. In what cases defendant may pay money into court, by way of compensation. 82. Plaintiff may reply and accept; may have judgment for costs; issue found for plaintiff carries costs.
83. How husband to declare in suits in right of wife after her death.
FORMS OF PLEADINGS.
84. Forms of pleadings.
Commencement of Declarations.
Commencement of declarations.
Conclusion of Declarations.
Conclusion of same.
Form of Affidavit to Pleas in Abatement.
Form of Declaration when the Summons is returned as to some of the Defendants
85th. Where summons returned non est as to some of defendants.
Commencement of Declarations by persons suing in special character.
87th. Next friend or guardian.
88th. Surviving husband.
Conclusions of Declarations by Executors and Administrators.
90th. Return of goods, etc.
Statement of Causes of Action by Executors and Administrators.
Commencement of Declarations against Executors and Administrators. 94th. Commencement of declarations against executors and administrators.
Conclusions of Declarations against Executors and Administrators. 95th. Conclusions of same.
Statement of Causes of Action against Executors and Administrators. 96th. How causes of action may be stated against same.
Commencement of Pleas by Executors and Administrators.
97th. Pleas by same.
98th. Second plea.
99th. Plene administravit.
Pleas in Action by Executors and Administrators. 101st. Same; insufficiency of assets. 100th. Assets paid away after notice to credit- 102d. Other pleas. ors without notice of claim.
Commencements and Conclusions of Declarations by Executors and Administrators against Executors and Administrators.