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of the state, is equivalent to publication, and deposite in the post office. In either case the service of the summons is to be deemed complete, at the expiration of the time prescribed by the order for publication.

Amended Code, § 135.

§ 631. If the summons be not personally served on a defendant, nor received by him through the post office, in the cases provided for in the last two sections, he or his representatives, on application and sufficient cause shown, at any time before judgment, must be allowed to defend the action; and, except in an action for divorce, the defendant or his representatives, may in like manner, be allowed to defend after judgment, or at any time within one year after notice thereof, and within seven years after its rendition, on such terms as may be just; and if the defence be successful, and the judgment, or any part thereof, have been collected or otherwise enforced, such restitution may thereupon be compelled as the court directs.

Amended Code, § 135.

§ 632. Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows:

1. If the action be against the defendants jointly indebted upon an obligation, he may proceed against the defendants served, unless the court otherwise direct,

and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served, and, if they are subject to arrest, against their persons: or,

2. If the action be against defendants severally liable, he may proceed against the defendants served, in the same manner as if they were the only defendants. Amended Code, $136. Modified, so as to explain the mode of proceeding without reference to the former law.

§ 633. Proof of the service of the summons, and of the complaint or notice, if any, accompanying the same must be as follows:

1. If served by the sheriff, his certificate thereof; or 2. If by any other person, his affidavit thereof; or

3. In case of publication, the affidavit of the printer, or his foreman, or principal clerk, showing the same; and an affidavit of a deposit of a copy of the summons in the post office, if the same shall have been deposited: or

4. The written admission of the defendant:

In case of service, otherwise than by publication, the certificate, affidavit or admission must state the time and place of the service.

Amended Code, § 138.

§ 634. From the time of the service of the summons in a civil action, or the allowance of a provisional re

medy, the court is deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant is equivalent to personal service of the summons upon him.

Amended Code, § 139. Enlarged, so as to include a voluntary appearance without service of process.

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§ 635. The pleadings are the formal allegations by the parties of their respective claims and defences, for the judgment of the court.

§ 636. All the forms of pleading heretofore existing, are abolished; and hereafter, the forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this code.

Original Code, § 118.

637. The only pleadings allowed on the part of

the plaintiff are

1. The complaint,

2. The reply; and on the part of the defendant,

1. The demurrer, or

2. The answer.

Amended Code, § 141--143 and 156.

CHAPTER II.

THE COMPLAINT.

SECTION 638. First pleading to be complaint.

639. Complaint, what to contain.

§ 638. The first pleading on the part of the plaintiff, is the complaint.

Amended Code, § 141.

§ 639. The complaint must contain:

1. The title of the cause, specifying the name of the court in which the action is brought, the name of the county in which the plaintiff desires the trial to be had, and the names of the parties to the action, plaintiff and defendant:

2. A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended:

3. A demand of the relief, to which the plaintiff supposes himself entitled. If the recovery of money be demanded, the amount thereof must be stated.

Amended Code, § 142.

CHAPTER III.

THE DEMURRER.

SECTION 640. When the defendant may demur.

641. Demurrer must specify grounds of objection to complaint.

642. How to proceed if complaint be amended.

643. Objection not appearing on complaint may be taken by answer.
644. Objection, when deemed waived.

§ 640. The defendant may demur to the complaint, within twenty days after the service of a copy thereof, when it appears upon the face thereof, either,

1. That the court has no jurisdiction of the person of the defendant, or the subject of the action: or,

or,

2. That the plaintiff has not legal capacity to sue:

3. That there is another action pending between the same parties, for the same cause: or,

4. That there is a defect of parties, plaintiff or defendant: or,

5. That several causes of action have been improperly united: or,

6. That the complaint does not state facts sufficient to constitute a cause of action.

Amen 'ed Code, § 144.

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