INDEX.

[The references are to the sections.]

Abatement-action not to abate by death or other disability, § 385. action not to abate by transfer, 385.

of nuisance, action for, 731.

Abbreviations-use of, 186.

Absence-at trial waives jury, 631.

from State, effect on Statute of Limitations, 351.
publication of service on, 413.

of evidence, ground for continuance, 595.
of witness, deposition may be taken, 2020.
Absentee-appointment for, in probate proceedings, 1718.
Abstract-in partition suits, 800.
costs for, when allowed, 799.

to be verified, 800.

by executors and administrators, 1622-1653.
Accident-a ground for new trial, 657.
Account-copy of, may be demanded, 454.
how stated in pleadings, 454.

items of, need not be pleaded, 454.
further account may be ordered, 454.
reference on judgment by default, 585.

reference, and trial by referees, 639.

to be rendered by special administrator, 1417.

to be rendered by persons trusted with estate, 1461.

to be rendered by surviving partner, 1585.

in case of executors and administrators, 1636.

final account of, 1652.

proceedings in case of neglect to render, 1653.

order to, may issue against public administrator, 1735.

of public administrator, when to be made, 1739.

of joint guardian may be allowed, 1775.

Accounting and settlements-action for, for rents pending redemp.

tion, 707.

See EXECUTORS AND ADMINISTRATORS.

Accrued right-not affected by Codes, 8.
Acknowledgments-judicial officers may take, 179.

Act-See CODE OF CIVIL PROCEDURE.

Action-Code not to effect pending, 8.

definition of, 22.

are of two kinds. 24.

one form of, only, of civil action, 307.

against husband and wife, when wife may defend alone, 371.

does not abate by death, etc., 385.

against executors and administrators, 1582, 1584.

against joint debtors, 939-994.

against steamers, boats, and vessels, 813-827.

CODE CIV. PROC.-57. [673]

Action-Continued.

against sheriff for official acts, 1055.
against sureties on arrest and bail, 190.
against two or more, proceedings thereon, 414.
arbitration revoking submission to, 1290.
between husband and wife, 370.

by whom prosecuted, 30, 367.

by assignee, 368.

by executors and administrators, 1583, 1590.

by father or mother, for injury or death of child, 376.
by father or mother, for seduction of daughter, 375.

by guardian, for injury or death of ward, 376.

by guardian, for seduction of ward, 375.

by guardian, for property of ward, 1769.

by purchaser, at sheriff's sale after eviction, 708.
by receiver, 568.

by representative, for death of person, 377.

by State, 446.

by surety, to compel satisfaction of a debt, 1050.
by unmarried female, for seduction, 374.
by whom prosecuted, 30.

commencement of, 350, 405.

consolidation of, 1048.

causes of, which may be united, 427.

continuance in case of death, etc., 385.

costs, when allowed in, 1022-1039.

costs, when several actions are united, 1023.

depositions in, 2020, 2021.

dismissal of, 581.

for condemnation of lands, proceedings in, 1243-1253.

for damages against defaulting witness, 1992.

for damages for usurpation of office or franchise, 807.

for death or injury, who may sue, 376, 377.

for delivery of personal property, 509-521.

for foreclosure, form of, 726-728.

for foreclosure of liens, 1191-1199.

for libel and slander, 460.

for liens inay be consolidated, 1196.

for nuisance, 731.

for partition of real property, 752-797.

for recovery of estate sold by guardian, 1806.

for determining conflicting claims to real property, 738-748.

for seduction, who may sue, 374, 375.

for trespass on realty, 733, 1583.

for usurpation of office or franchise, 802-810.

for waste, 732, 1583.

form of, 307.

guardian power to bring, 1769.

Includes special proceedings, 363.

in Justices' Courts, 839-850.

how commenced, 405.

limitation of action on guardian's bond, 1805.
limitation of, for recovery of estate sold, 1806.
limitation of actions, 312-362.

limitations in other than real actions, 335-348.

limitations of actions for vacating sales, 1573.
limitation of, how affected by Code, 9.

limitation of, on preferred claim for wages, 1206.

manner of commencing, 407-412.

may be retried on failure of verdict or discharge of jury, 616.
may proceed after judgment against one of several defendants,

on undertaking in provisional remedies, 552.

Action-Continued.

on undertaking after dismissal, 581.

on submission to arbitration revoked, 1290.

on bond of administrator, by coadministrator, 1586.
on bond of guardian, 1804.

parties in, how designated, 308.

parties to, 367-389.

pendency of-notice, when given, 409, 755.

pending, when deemed, 1049.

pending, ground for demurrer, 430.

people not required to give bonds in, 1058.

personal, may be had for lien of labor, etc., 1197.

place of trial of, 392-400.

place of trial, change of, 397-400.

pleading in, 420-476.

postponement of trial of, 595.

questions of fact not in issue, how tried, 309.

reassignment and transfer of, in Justices' Courts, 90.
register of, to be kept by clerk, 1052.

State not required to give bonds in, 1058.
successive actions on same contract, 1047.
summons in, 407-416.

testimony, when to be taken by clerk, 1051.
time of cominencement of, 312-362.

to be prosecuted by real party in interest, 367.

to compel an accounting for rents and profits, 707.

to determine adverse claims to real property, 738-748.
to determine adverse claims, 1050.

to quiet title, 738.

to redeem from judicial sale, 346.

transfer of the Justices' Courts, 90.

trial of, 600-645.

who may appear in, in Justices' Courts, 842.

Action, causes of-joinder of, 427.

successive, on same contract, 1947.

Actions-in Justices' Courts, how entitled, 89.
appearance in, 842.

arrest of defendant in, 861-865.
attachment, when may issue, 866-869.
claim and delivery, proceedings in, 870.
how commenced, 839-850.

pleadings in, 851-859.

place of trial, 832-838.

place of trial, change of, 832.

proceedings after change of venue, 836.
provisions of Code applicable, 925.

Acts-of foreign executive, as evidence, 1918.
of municipal corporation, as evidence, 1918.
declaration of party, as evidence, 1870.

Adjournment-for term for absence of judge, 139.
till next regular session, 140.

of Superior Court, when, 74.

in absence of jury, from time to time, 617.

of Supreme Court. 46.

testiniony may be taken by deposition on, 596.
to non-judicial day, effect of, 135.

in contesting certain elections, 1121.

Adjutant-general-see NATIONAL GUARD.
Administration-of estate, to whom granted, 1365.
who disqualified, 1369.