substantial requisites are still retained, and need only to be systematized to produce a system more easy and convenient than the former one, and better adapted to the exigencies of the administration of justice in the courts, and the practice of the profession by the Indiana bar. § 14. Statutory forms—remarks upon. In any system of pleading, one of the greatest promoters of uniformity and accuracy is a set of forms which the student and the profession may, at least while learning, use as models until the habit of composing and framing pleadings is once formed. $15. Statutory forms, continued. To the code is appended a supplemental act of the legislature, declaring the forms therein contained sufficient, and at the same time intending doubtless to supply the models for the pleadings under the new system. Whatever may be said, however, in approval or criticism of these forms, it is very clear that the number and variety are greatly disproportionate to the necessities of the practice, nor can it be disguised that whatever virtue there may be in brevity, the framers of these forms have in some instances sacrificed much of accuracy and perspicuity to this quality. It is proper to remark of these forms, however, that being made sufficient by act of the legislature, wherever they are applicable, they are held by the courts to be sufficient. And it is quite possible that some of the minor requisites of pleading referred to and treated as essential in the preceding chapters may be dispensed with in some of the forms. For they have not been consulted in pointing out the requisites of good pleading. On the other hand, it may be confidently stated that nothing has been omitted in pointing out the requisites of good pleading under the code, which is rendered essential by any of the forms. § 16. Reasons why forms not consulted. The reason why the forms were not consulted is, that while some of them are fair models of brevity and accuracy, they are not uniformly so. And as has been already hinted, it is proposed to append to this treatise a set of forms, as far as practicable, adapted to the use of any portion of the profession, who from want of experience or from inclination, resort to forms. At the same time the student and the 12 R. S. (1876) pp. 357 to 371. Shinlaub v. Ammerman, 7 Ind. 347. new beginner in practice may be assured that if he chooses to resort to the statutory forms in cases where they are applicable, he cannot be wrong. §17. Intimate relations of pleading and practice. In any system of jurisprudence, the pleadings and practice are so intimately blended, as to leave the line which divides them in many cases quite indistinct. But as the aim is to treat both subjects practically, there will be no hesitancy in endeavoring to make plain any principle or rule which has been omitted under the head of pleading, in any of the chapters on practice, where the same shall seem appropriate, although it might seem more appropriate to have treated the same under the head of pleading. 2. Where shall an action be brought. 3. Each county has a circuit court, and some counties a superior court. 4. Civil suits must be brought in circuit court or superior court, where this court sits. 5. Exclusive jurisdiction of circuit court in certain cases. 6. These chapters on practice relate to circuit and superior courts. 7. In what county suits brought. 8. Where subject matter situate in several counties, suit may be brought in 9. Actions local to the county where the cause of action accrues. 10. When action may be commenced in the county where office kept. 11. Action to establish or set aside a will. 12. Actions against carriers may be brought in any county through which the line passes. 13. In cases not already enumerated, actions must be brought in the county where defendant resides. Exceptions. 14. Foreign corporations subject to provisions. 15. English common law of venue obsolete. ACTIONS, WHEN BROUGHT-LIMITATIONS. 16. General observations. 17. Review of the legislation on the subject. 18. Provisions of the code on the subject; actions which must be brought within six years. 19. Further enumeration of the provisions of the statute. 20. Statutory provisions for limitations not embraced in what is denominated the statutes of limitation. 21. Exceptions to and qualifications of the limitations under the several enum erations above. Set-off and payment. § 22. Disabilities. Persons under legal disabilities, when the cause of action accrues, may bring their action within two years after the disability is removed. 23. Nonresidency of the defendant. 24. In case of death of party, suit surviving may be brought, when. 25. When a plaintiff fails, in an action for anything else than negligence, he may bring another action, when. 26. Concealing the cause of action. 27. Acknowledgment must be in writing. Effect of acknowledgment by joint contractors. 28. Part payment as an acknowledgment. 29. Statute runs against the state and United States. 30. Judgments presumed to be paid after twenty years. 31. Part only of joint plaintiffs barred may be joined, how. 32. Rights of joint debtor and husband and wife in certain cases. 33. When the right of action accrues. 34. The statute applies alike to legal and equitable causes. 35. How shall the defendant avail himself of the statute of limitations. VENUE. §1. Venue, general definition. Venue, in its more limited sense, belongs to the subject of pleading, and has already been sufficiently alluded to. Venue, as applied to the place where actions should be brought, is generally classified and regarded as one of the proper subjects of a treatise on pleading. But it has been thought equally appropriate to reserve the subject for a chapter preliminary to those which are to follow, wherein the practice in civil actions, pursuant to the plan indicated, is to be examined. § 2. Where an action shall be brought. It having been determined to bring an action, the proper parties, plaintiff and defendant, having been ascertained, the cause of action well defined and the necessary facts to prepare the complaint, in accordance with the rules already laid down, being collected and arranged, the material inquiry arises, Where shall the action be brought? That is, in what county? §3. Each county has a circuit court, and some counties a superior court. Each county in the state has a circuit court, which is the principal court of record, and, excepting in seven counties, the court which has exclusive jurisdiction of all civil actions, excepting such as are committed by law to the jurisdic tion of justices of the peace, which, being inferior courts, and governed by rules of pleading and practice dissimilar to those obtaining in courts of record, properly so called, need not be further noticed here. In several of the counties of this state, superior courts are organized, in addition to the circuit courts, whose jurisdiction, with a trifling exception, is concurrent with that of the circuit courts.1 $4. 4. Civil suits must be brought in circuit or superior court, where this court sits. When, therefore, an action is to be brought in any county, excepting those counties in which there is a superior court, and the same is for the recovery of money or the possession of personal property, the suit may be brought in the circuit court and if the sum exceeds two hundred dollars, the suit must be so brought. The superior courts have concurrent jurisdiction with the circuit court, with a few unimportant exceptions.1 $5. Exclusive jurisdiction of circuit courts in certain cases. If the action be for, or involves the title to real estate, or for the enforcement of a lien or for the specific performance of a contract, or if it be for damages for libel, slander or breach of marriage contract, then the jurisdiction of the circuit court is exclusive, subject to the concurrent jurisdiction of the superior courts in the counties where they are organized.2 § 6. These chapters on practice relate to circuit and superior courts. So then in what may hereafter be said, in reference to the practice in civil actions, it is, of course, to be regarded as applicable to the practice in the circuit and superior courts of the state, in which, excepting where the latter sits as a court in banc, the practice is the same.3 87. In what county suits brought. The main question, therefore, which generally arises as to venue or place of suit, relates to the county in which the suit is to be brought. The whole subject is regulated by express provisions of the code, and the most appropriate mode of treating the same is by a brief statement of the substance of these provisions. The following actions must be commenced in the county in which the subject of the action or some part thereof is situate. All actions for the All actions for the recovery of any 12 R. S. (1876) 24, § 10. 2 Id. 6 § 5. Id. 23 et seq. |