Cases in and interests of the respective parties, and directs partition to be made. CHAPTER III.-Appeals from Probate to District Courts. SEC. 432. An appeal may be taken from a probate court to the district court of the district in which the probate court is held, in the following cases: First. From an order or decree admitting a will to probate or refusing the same. Second. From an order setting apart property or making an allowance for the widow or children. Third. From an order granting letters testamentary or of administration, or appointing a guardian of an inwhich an ap fant or of an insane person, or of a person incompetent to manage his property, or refusing to grant such letters or to make such appointment, or making such letters of appointment. peal may be taken from probate to district courts. Time Fourth. From an order directing the sale or conveyance of real property. Fifth. From an order or decree by which a debt, claim, legacy, or distributive share is allowed, or payment thereof directed, or by which such allowance or direction is refused. Sixth. From an order made on the settlement of an executor, administrator, or guardian. SEC. 433. The appeal shall be taken within thirty shall days after the order or decree appealed from is entered in Appeal with the clerk. SEC. 434. Appeals from the probate court shall be brought to a hearing at the earliest period practicable. brought to a For the failure to prosecute an appeal or unnecessary delay in bringing it to a hearing, the district court may order the appeal to be dismissed. hearing. SEC. 435. In cases other than those provided for in section numbered 432, any party feeling aggrieved by the judgment of the probate court in any civil action may appeal therefrom to the district court for the county in which said probate court is held, or to which it may be attached for judicial purposes. The party appealing shall be known as the appellant, and the adverse party as the respondent. Appeals un tion. SEC. 436. All appeals taken by virtue of the provisions of the last section shall be perfected within thirty der last secdays from the rendition of the judgment appealed from, and shall be tried de novo, in said district court. How appeal SEC. 437. The appeal shall be taken by filing with the clerk of the court in which the judgment appealed from is entered, or with the judge of said court, if there may be taken. be no clerk, a notice stating the appeal from the same, and serving a copy of such notice upon the adverse party or his attorney. Undertaking SEC. 438. The party appealing shall file with the judge or clerk of said court, within five days from the filing of the notice of appeal, as provided in the last section, an undertaking in double the amount of the judgment appealed from, or if the judgment be for the recovery of specific personal property, in double the value of on appeal. such property, with at least two sufficient sureties, and conditioned that the party appealing will pay any judgment that may be rendered against him in the district court, as well as all costs that may be awarded against him, and for the prosecution of such appeal with effect. SEC. 439. If the party appealing be the party in whose favor judgment was rendered, he shall likewise execute and file an undertaking as aforesaid, in a sum equal to double the amount of the costs in the case, conditioned to pay all costs that may be adjudged against him, and for the prosecution of such appeal with effect. SEC. 440. The undertaking provided for in the two preceding sections, shall be accompanied by the affidavit of the sureties that they are residents of the county, and householders or freeholders thereof, and each worth the amount specified in the undertaking, over and above their debts, liabilities, and property by law exempt from execution, but several sureties may state that they are worth less than the amount mentioned in the undertaking, be When an undertaking for costs to be given. Justification of sureties under two preceding chapters. side such exemptions, if the whole amount equals the amount of two sufficient sureties. SEC. 441. Within ten days after filing the notice of appeal and undertaking provided for in the preceding sections, and payment of fees therefor, the said judge or clerk of said court shall make a full and comple tranTranscript on script from the docket of all proceedings had in said action, and transmit the same, together with the complaint, answer, motions, pleadings, and all other papers pertaining to or belonging to said cause, to the clerk of said district court. appeal. Stay of pro ceedings in court below after appeal. When party SEC. 442. If any execution shall have been issued upon a judgment appealed from, the judge or clerk of said court, upon receiving the notice and undertaking as herein before provided, shall issue an order directing the officer having such execution in his possession, or charged with the execution of the same, to stay all proceedings thereunder. Such officer, upon the payment of his fees for services rendered on such execution, shall thereupon relinquish all property levied upon by him, and deliver the same, together with all money collected from sales or otherwise, to the judgment debtor. SEC. 443. If the party appealing to the district court, as provided in this act, shall fail to reduce or enappealing not large the judgment appealed from, ten dollars or more, or revise the same in said district court, he shall not recover any of the costs of appeal. to recover costs. Case on ap SEC. 444. That all appeals taken by virtue of this act shall be tried in the district court upon the papers in the cause, as if the same had originally been instituted in peal tried de said court, unless said court, upon such terms as may be just, allow other papers to be filed therein, and both appellant and respondent shall have the benefit of objection taken in said probate court. novo. Sheriff to SEC. 445. That the sheriffs of the different counties of this territory are charged with the execution of process execute pro- issued from said probate court, in like manner as provided for in cases in the district court, for which services they shall receive fees as provided by law. cess of probate court. TITLE XI. CHAPTER I.—Proceedings against Joint Debtors. not originally served may be summoned after judg SEC. 446. When a judgment is recovered against one or more of several persons jointly indebted upon an obligation, by proceeding as provided in section 75, Defendants those who were not originally served with the summons, and did not appear to the action, may be summoned to show cause why they should not be bound by the judgment in the same manner as though they had been originally served with the summons. ment. under last section. SEC. 447. The summons, as provided in the last section, shall describe the judgment and require the person summoned to show cause why he should not be bound Summons by it, and shall be served in the same manner, turnable within the same time, as the original summons. It shall not be necessary to file a new complaint. and re to Affidavit accompany SEC. 448. The summons shall be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment or some part thereof remains summons. unsatisfied, and shall specify the amount due thereon. SEC. 449. Upon such summons the defendant may answer within the time specified therein, denying the judgment or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, except a discharge from such liability by the statute of limitations. SEC. 450. If the defendant in his answer deny the judgment or set up any defense which may have arisen subsequently, the summons, with the affidavit annexed, The answer. and the answer, shall constitute the written allegations Pleadings in in the case; if he deny his liability on the obligation such case. upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, shall constitute such written allegations. Issues tried. Verdict. how Manner in which judgment by con SEC. 451. The issues formed may be tried as in other cases; but when the defendant denies in his answer any liability on the obligations upon which the judgment is rendered, if a verdict be found against him, it shall be for the amount remaining unsatisfied on such original judgment, with interest thereon. CHAPTER II.-Confession of Judgment without Action. SEC. 452. A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on fession may behalf of the defendant, or both, in the manner prescribed by this chapter. Such judgment may be entered in any court having jurisdiction for like amounts. be entered. Statement to authorize entry of. filed and SEC. 453. A statement in writing shall be made and signed by the defendant, and verified by his oath, to the following effect: First. It shall authorize the entry of judgment for a specified sum. Second. If it be for money due or to become due, it shall state concisely the facts out of which it arose, and shall show that the sum confessed therefor is justly due or to become due. Third. If it be for the purpose of securing the plaintiff against a contingent liability, it shall state concisely the facts constituting the liability, and shall show that the sum confessed therefor does not exceed the same. SEC. 454. The statement shall be filed with the clerk of the court in which the judgment is to be entered, who Statement shall endorse upon it and enter in the judgment book a judgment en judgment of such court for the amount confessed, with costs. The statement and affidavit with the judgment endorsed shall thereupon become the judgment roll. tered. CHAPTER III.-Submitting a Controversy without Action. SEC. 455. Parties to a question in difference which might be the subject of a civil action, may without action agree upon a case containing the facts upon which the |