1

Complaint-Continued.

defective heading, 1046.

denials, general or specific, 437.
fictitious name, suing by, 474.
husband and wife, 370, 371.

parent for injury or death of child, 376, 377.
gold coin, etc., 667.

guardian, as party, 376, 377.

Intervention, on, 387.

irrelevant matter may be stricken out, 453.
judgment, how pleaded, 456.
In Justices' Courts, 853.

limitations, 312-363.

lis pendens, 409.

lost, how supplied, 1045.

objections to, how waived, 434.

objections to, when made by answer, 433.

particulars of claim, 454.

description of real estate, 455.

redundant and sham matter, 453.

statutes, how pleaded, 459.

stock sold for delinquent assessment, 341.
against surety, 1050.

amendments to be filed and served, 432, 472, 473.
amendments, of course. 472.

causes of action which may be joined, 427.

causes of action must be separately stated, 427.
conditions precedent, how pleaded in, 457.
demand for relief, 426.

demurrer to, 430-434.

for injunction. must be verified, 527.

in Justices' Courts, what to contain, 853.
indorsement of clerk to be made on, 406.
in actions for seduction, 374, 375.

in action for a nuisance, 731.

in forcible entry and detainer, 1159-1173.
in actions against steamers or boats, 813-815.
in actions for usurpation of office, 804.

in actions for partition, 753, 755, 761, 763.
in actions for causing death or injury, 377.

in actions to remove cloud on title, 738, 1050.

in foreclosure suits, 726.

in actions for slander, 460.

in proceedings for condemnation of land, 1242.

on application for voluntary dissolution of corporation, 1228.

on usurpation of office or franchise, 803, 804.

pleading performance of condition precedent, 457.

part of judgment roll, 670.

signature to, 446.

clerk to indorse, 406.

service to be made of copy of, 410.

statement of cause of action, how made, 426.

statement in proceedings to contest elections, 1115.

suggestion of death 385.

supplemental, when may be made, 464.

to be amended in certain cases, 1173.
what to contain, 426.

Compromise-offer of defendant to, 997.
proceedings on offer to. 997.

of debt due estate of decedent, 1588.
of debt duc estate of ward, 1769.
offer admits nothing, 2078.

Compromise-Continued.

objections to tender must be specified, 2076.
receipt may be demanded, 2075.

in Justice's Court, 855.

generally, 2074-2076, 2078.

Computation of time-how made, 12.

time of performance of act may be extended, 1054.
Concealed-property, possession of, how demanded, 517.
defendant, service how made on, 412.

witness, subpoena, how served on, 1988.

Conclusive evidence-defined, 1837.

how restricted, 1978.

Condemnation of land-see EMINENT DOMAIN.

Condition precedent-performance of, how pleaded, 457.
Confession of judgment-may be made for debt due or for contin.
gent liability, 1132.
statement on, 1133.

filing statement and entering judgment, 1134.
in Justices' Court, how made, 1135.
jurisdiction governed by amount due, 1132.
Consanguinity-as a disqualification in a judge, 170.
ground of challenge to juror, 602.
ground of objection to referee, 641.
Consolidation-of actions for liens, 1196.

of causes, in condemnation of lands, 1243.
of actions, when may be ordered, 1048.
Construction-of words and phrases in Code, 2-18.
Contempt-judicial officers may punish for, 178.
second application for order deemed a, 183..
generally, 1209-1222.

of juror for failure to attend, 238.

compelling obedience generally, and preserving order, 128, 177.
disobedience of witness, 128, 177, 1991-1994.

what acts or omissions are, 1209.

re-entry on property after eviction, 1210.

in presence of court, how punished, 1211.

in absence of court, what necessary to show, 1211.
warrant may issue on notice to show cause, 1212.

Contempt-what acts or omissions are, 1209.

re-entry on property after eviction, 1210.

in and out of presence of court, proceedings on, 1211.
warrant of attachment may issue, 1212.

bail may be given by party arrested for, 1213.

duty of sheriff on arrest, 1214.

bail bond, form and conditions of, 1215.

officer to return warrant and undertaking, 1216.

hearing on charge preferred, 1217.

judgment and penalty for, 1218.

omissions, how punished, 1219.

failure to appear at hearing, proceedings thereon, 1220.

illness sufficient excuse for non-appearance, 1221.

judgments and orders in cases of, are final, 1222.

failuro to attend as juror, 238.

disobedience to mandate, 1097.

disobedience by witness, 1991-1994.

refusal to obey citation in Probate Court is a, 1460, 1461.
in Justices' Courts, acts and omissions constituting, 906.
in presence of justice, how punished, 907.

Contempt-Continued.

not in presence of justice, proceedings on, 908.
punishment, measure of, in Justices' Court, 909.

conviction for, to be entered in justices' docket, 910.

provisions of Codo as to service of process not to apply, 1016.
disobedience to mandamus, 1097.

Contesting elections-who may contest, grounds of, 1111.
elections, when annulled for iregularity, 1112.
when not annulled for malconduct, 1113.

illegal votes, when not to vitiate elections, 1114.
proceedings on contest, 1115.

statement of cause of contest, 1116.

list of illegal votes, when to be furnished, 1116.
want of form of statement, not to vitiate, 1117.
special term of court for trial of, 1118.

citation to issue to respondent, 1119.

witnesses, attendance, how enforced, 1120.
powers of court in proceedings on, 1121.
adjournment may be ordered, 1121.

rules to govern, on trial, 1122.

decision on trial, what court may declare, 1123.
costs in proceedings, who liable for, 1125.
appeal lies from decision on, 1126.

appeal, when to be taken within ten days, 1127.
Contesting probate-See PROBATE OF WILL.

Continuance-for absence of testimony, what required, 595.
in proceedings for mandate, when may be ordered, 1090.
not allowed on amended complaint in forcible entry, 1173.
for non-return of commission to take testimony, 2027.
costs as a condition for, in discretion of court, 1029.

in forcible entry and detainer, 1173.

in mandamus, 1090.

in Justices' Court, when may be ordered, 874.

on consent of parties, 875.

on application of either party, what must be shown, 876.
affidavit when required, 876.

not for more than ten days' exception, undertaking, 877.
Contractors-liens which may be secured by, 1183-1199.
See LIEN, ENFORCEMENT OF.

Contracts-conditions precedent in, how pleaded, 457.
express or implied, may be united in complaint, 427.
attachment, when may issue in actions on, 537.
when defendant may be arrested in actions on, 479.
trial by jury, how waived in actions on, 631.
judgment by default may be taken in action on, 585.
judgments in gold coin, when may be taken on, 667.
of purchase, by decedent, 1565.
enforcement of, 1597.

Contribution-enforced by one of several judgment debtors, 709.
among legatees on distribution of estate, 1564.
Convenience-of witnesses, ground for change of venue, 397.
Conveyance-judicial officers may take acknowledgment of, 179.
mortgage not to be deemed a, 744.

of land on execution sale, when to be made, 703.
under administrator's sale, 1555.

of land by executors and administrators, 1597-1607.
and sale of lands to pay decedent's debts, 1536-1576.
Corporations-pleadings, how verified by, 446.
summons, how served on, 411.

appointment of receiver in insolvency of, 564.

Corporations, dissolution of-may be voluntarily dissolved, 1227.
application for, what to contain, 1228.

application, how signed and verified, 1229.
filing application and publishing notice, 1230.
objections may be filed, 1231.

hearing of application, 1232.

judgment roll, what constitutes, 1233.

appeal lies from judgment, 1233.

appointment of receiver in proceedings upon, 565.
service of summons on, 411.

Corroborative evidence-defined, 1839.

Costs-and interest must be included in judgment, 1035.
attorney's fees left to agreement, 1021.

deceased's estate, action by creditor, 1503.

may be imposed as a condition for continuance, 1029.
bill of, 1033.

verified memorandum of, to be filed, 1033.

filing after remittitur, 1034.

fees of attorney left to agreement, 1021.

fees of referees, rate allowed, 1028.

of referees in probate cases, 1508.

fees of short-hand reporter, 271.

fees of referees may be apportioned in partition, 768.

how awarded against counties, 1039.

in actions for wages and salaries, a preferred claim, 1206.
in proceedings for condemnation of land, 1251, 1255.

in proceedings to contest elections, 1124-1125.

in actions for usurpation of office, 809.

in actions by or against administrator, 1031, 1503, 1508, 1510, 1616.
of abstract of title in partition, 799.

of referees, 1028.

of referees in partition, 768.

of short-hand reporter, 271.

of prior action for partition, 798.

of partition as a lien, 796.

of appeal, when discretionary, 1027.

on nonsuit, 581.

on judgment by default, 585.

on appeal, how claimed and recovered, 1034.

on frivolous appeal, damages may be added, 957.

on disclaimer in actions to quiet title, 739.

on application for sale by guardian, 1786.

on several actions brought on a single cause, 1023.
on review other than by appeal, 1032.

security for, when inay be required, 1036.

security, if not given, action will be dismissed, 1037.
when allowed, of course, to plaintiff, 1022.

when allowed, of course, to defendant, 1024.

when apportioned, discretion of court, 1025.
when to be severed, 1026.

when allowed, discretion, 1027.

when tender was made before suit, 1030.

in probate proceedings, by whom paid, 1720.

on mandate, 1095.

on suit for claim against estate, 1503.

on application for share of estate, 1661.

on action against executor, 1509.

claimant failing to recover, must pay costs, 1510.
allowance to executors, etc., 1616.

on trial by referees in probate proceedings, 1508
on application for sale of ward's estate, 1786.
on contesting validity or probate of will, 1332.

Costs-Continued.

on revocation of probate of will, 1332.
in Justices' Courts, when allowed, 896, 924.
against county, how paid, 1039.

against State, how paid, 1038.
after tender, 1030.

Counsellors-at-law-see ATTORNEYS.
Counter-claim-may be demurred to, 443.

not barred by death or assignment, 439.
may be set up by defendant on answer, 437.
allegations in, deemed denied, 462.

effect of filing on motion to dismiss action, 581.
omission to set up, effect of, in Justices' Courts, 856.
what constitutes, 438.

demurrer to, 443, 444.

dismissal on, 581.

must be specially pleaded, 438.

omission to set up, fatal, 439.

each must be separately stated, 441.
allegations in, deemed denied, 462.
judgment for excess, 666.

findings of jury on, 626.

County-summons, how served on, 411.

place of trial of action against, 394.
verification by, 446.

costs in actions against, how paid, 1039.
need not give security in actions, 1058.

County clerk-see CLERK.

County officers-exempt from jury duty, 200.
Court commissioner-how appointed, 258.
powers of, 259.

to have seal, 259.

fees of, 259.

not to have partner, 172.

reference may be made to, 640.

to report within twenty days, 259, 643.
effect of findings of, 644.

exceptions to findings, review of, 259, 645.

Courts of justice-enumerated, 33.

which are courts of record, 34.

for trial of impeachments, 36-39.

Supreme Court, 40-56.

Superior Courts, 65–79.

Justices' Courts, 85-98.

Justices' Courts in townships, 103-107.

Police Courts, 121.

sittings to be public, 124.

exception in certain cases, 125.

powers of, 128-130.

place of holding to be provided, 144.

place of holding, when may be changed, 142.

Judicial days, 133.

non-judicial days, 134.

appointments on non-judicial days, 135.

powers respecting conduct of proceedings, 128, 177.

courts of record may make rules, 129.

when rules take effect, 130.

proceedings in case of absence of judge, 139.

adjournment till next regular session, 140.

provisions as to places of holding courts, 142.