A Treatise on Pleading and Practice in Courts of Record in Civil Cases in the State of Oklahoma: With Forms, Volume 1

Front Cover
Vernon law book Company, 1922 - Civil procedure
 

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Contents

Sections
11
Common
12
Criminal proceedings 2187 Officers subject to mandamus 2188 State officers and boards 2189 Ministerial acts 2190 Exercise of discretion 2191 Spec...
13
Effect of transfer 1369 Rights of parties 1370 As to each other
16
Administrative construction 17 Provisos or exceptions 18 Statute adopted from another state
18
222
19
Adjournment by sheriff
20
Publications 21 Affirmation Computation of time 23 SuretyJustification
21
Qualifications 25 Real estate mortgage as bond 26 Valuation of real estate 27 False valuationPenalty 28 Action on bond
22
Several actions on security 30 Submission of controversy 31 Impeachment and removal from office DIVISION 11 JUDGES IN GENERAL
23
As public officer
24
Judge pro tempore 34 Waiver of objections 35 Powers of special judges
25
Liabilities 37 Change of judge
26
Disqualifications
27
Relationship
28
Bias and prejudice
29
Objections and procedure 42 FormApplication for disqualification of judge
30
Notes 1116 Conveyances
31
Supported by findings
32
Waiver of disqualifications 44 Acts of disqualified judge 45 Powers at chambers DIVISION 111 DISTRICT COURTS AND JUDGES 46 District cour...
35
Districts and judges
36
SessionsTime forAdjournments
37
Change of districtDisposition of cases pending 50 Special terms 51 Adjournment of term
38
Two or more judges sitting at same time 53 Additional judge 54 District judgesExpenses
39
ReporterAppointmentQualifications 56 Duties of court reporter
40
Salary and fees 58 Traveling expenses 59 Tenure and oath of office
41
risdiction
42
ARTICLE II
43
Sections How taken
44
Appeal bond 67 Stay of execution
45
CommitmentHow stayed
46
Justification of sureties Increased bond 70 Appeal bond formAction upon
47
Appeal not to stay issue of letters 72 Appeal not to stay order revoking letters etc 73 Proceedings
48
Powers of the appellate court 75 Trial de novo 76 Penalty for neglect of county judge to transmit record
49
Dismissal of appealEffectCosts 78 Enforcement of decree
50
Executors bond stands in place of appeal bond 80 Reversal for error not to affect lawful acts 81 Rules of district court
51
SUPERIOR COURTS AND JUDGES 82 Superior courts in general
52
Qualifications of judgesTerm of office 84 Election 85 ProcedureJuriesAppeals 86 Court stenographer
53
SheriffsCounty attorneys 88 Judges salary 89 Transfer of causes
54
COUNTY COURTS AND JUDGES 90 ProcedureSeal
55
Terms of court
56
Proceedings in vacationOut of court 93 Calendar
57
Stenographer 95 Duties 96 Oath and tenure of office 97 Fees for making transcripts
58
Ex onucio court clerk 99 Compensation 100 FeesRecord 101 Report of 102 Fees paid to treasurer 103 Special court towns
59
Notes filedAdmissibility in evidenceTranscripts
60
Appeal to district court
61
Party in default
62
Who may appeal
63
JusticesJudicial districtsElectionLaw clerks
64
Referees and first law clerk 117 Chief justiceElection 118 Vice chief justiceElection 119 JusticesNot to be candidate for other office 120 Commence...
65
SessionsOpinions 122 Chief justiceExpiration of termsElection 123 Clerk
66
Law governing 125 Salaries of justices 126 Effect of invalidity 127 JurisdictionDivisions
67
Appeals from county court 129 Appeals from corporation commission
68
Appeals from state labor commission
69
Formation of new counties 132 Speedy hearing 133 Original jurisdictionDivision of assets and liabilities among counties
70
PartiesProceedings
71
Judicial proceedings 921 OfficialsAuthority 922 Rules and ašts
73
Books to be kept 154 Appearance docket 155 Indorsements 156 Execution docket 157 Judgment docket 158 Journal 159 Files 160 CasesCourt recor...
74
Foreign attorneys 181 Duties 182 Power duty and liability 183 Implied authorityTenderCompromiseNotice 184 May receive money for client 185 Pr...
75
Execution of orderInventory and appraisement 1795 Successive levies 1796 Return
80
Purpose and nature
81
Knowledge of
83
Maxims principles and application 1925 Remedies 1926 Laches
89
SALE AND REDEMPTION 1635 Duty of officer 1636 Place of sale Who may purchase 1637 Alias execution 1638 Time of sale 1639 Notice of sale
90
Grounds
94
Fraud
96
SetoffCrossaction 1845 Evidence
99
1325 Establishes claim 1326 Death after verdict 1327 For recovery of land 1328 Surety
100
Suspension of licenseDisbarment
101
Causes
102
Judge_Term of otliceQualification
104
To give bond
105
Office and records
106
Practice prohibited
107
Temporary county judge
108
llow elected
109
Fee when affidavit of bias made
110
County judgeCounty attorneySalary
111
Existence of controversy
112
Trusts
114
Trusts
118
Recovery of amount bid 1646 Title of purchaser and interest acquired 1647 Sheriffs deedForm
121
State and federal courts 224 Transfer of causes 225 Transfer to state courts 226 County courtsJurisdictionJudge pro tempore
122
From town justice court
124
ENFORCEMENT
126
Lists to be certified 1155 District courtHow drawn 1156 VeniresHow servedForm 1157 Open veniresTalesmenForm 1158 County courtHow selected...
127
Wills 1121 Court records and files
128
Rent
129
PLEADINGS AND EVIDENCE
130
Amount involved 228 Probate jurisdictionSessions
131
Title involved
133
Bastardy proceedings 231 Appellate jurisdiction 232 District courts
134
Constitution
135
JurisdictionRemoval of state capitol and normal schools
136
Jury trial when
137
Trial
138
JuryHow selected
139
Costs Witness fees
140
141 Reports
141
Supreme court rules
142
Compensation
143
DeputiesDuties
144
Bailiffs DIVISION II COURT CLERKS
145
OfficeSelectionEligibility 147 Official bondForm
147
Property seized under prohibitory law 1695 RentCrop 1696 Purchaser with notice liable 1697 Plaintiffs right to possession
148
Powers and dutiesContestants 149 Liabilities
149
Deputies
150
Vacancies
151
Fees and salaries
152
Bills and notes 947 Marriage
155
Discretion 267 GroundsDisqualification of judge 268 Local prejudice
156
Application 270 Hearing and order
159
Waiver 272 Proceedings after change
160
Form
161
CHAPTER V
162
Commonlaw actions 280 Tort and contract
165
Agency and official capacity 1124 Sales 1125 Fraud
166
Illegal transactions
167
Injury without liability 283 Tenders 284 Right of actionWarranteeCosts and expenses 285 Action on surveyors bond
168
Surety against principal 287 Money received 288 Conditions precedentWarranty 289 Death pending action
169
30 Claim against estate 291 Usury 292 Claim against municipality 293 OfferDemandNotice
170
Defenses 1703 Estoppel
171
Taxes 295 Insurance
173
Necessity 297 Effect 298 What constitutes
174
CHAPTER VI
176
Suspension of jurisdiction below 2433 Collateral matters 2434 Undertaking for stayForm 2435 Stay pending appeal
177
Personal property
178
Action for wrongful death 305 Who may sueAmount of recovery
179
Title to sustain action
180
Party in representative capacityChange
183
Receiver 308 Transfer of interest
184
Where action does not survive 310 AbatementPendency of another action
185
ARTICLE II
187
JURISDICTION AND PARTIES 1704 Waiver of jurisdiction 1705 Plaintiff 1706 Defendant
190
Limitation 319 Amendment to petition 320 Time of order
191
Delay to revive 322 Vacation of order 323 Objections and waiver
192
Action dismissed when 325 At instance of defendant 326 Trial 327 Death after judgment
193
Revivor of judgmentForms
194
vii
196
TrialJudgment
197
Attorney and client in general
198
Effect of proceedings
199
PetitionForm 1976 Cotenants 1977 AnswerDisclaimerForms 1978 Reply
201
Application
202
Right to award
204
When action commenced
205
Waiver of objection 1167 Order of challenges
206
Statutory regulationsLien on real estate 1349 Nature of lien 1350 Debtors realty 1351 Extent of lien
207
Dismissal
208
Damages
209
Statutory liability
211
ARTICLE III
212
Bailment 955 Bills and notesExecution 956 Holder
213
Lien of corporation commission 1353 Homestead
214
Contracts to devise 1998 Personal services
215
Consideration
216
Identity of personsIn general 1442 Unknown parties 1443 Additional parties 1444 Official capacity
221
ARTICLE IV
223
Confession by defendantForm
226
Exercise of judicial powers and discretion 2175 When disqualified 2176 Acts in violation of
227
Surety and guaranty
228
Interplea
231
Fraud
232
Corporate stock
233
Participating in action
234
Congressional documents
235
Foreign judgmentBonds
237
PaymentReceipts 1130 Amount of damages
238
Action for recovery of estate sold by guardian 367 Liens
239
Liens against railroads 309 Actions against notaries 370 Rejected claim 371 Vacancy in administration 372 Action against sureties on bond
240
Actions for wrongful death
241
AssessmentsSuits to set aside 375 DemandTender 376 Actions for usurious interest
242
Tax deed 378 Nonresident alien landowners
243
ARTICLE V
244
Copy of articles of incorporation 1133 Recovery of penalties 1134 Abandonment of homestead 1135 Financial status 1136 Ejectment
246
Disability 381 Infancy
247
Person of unsound mind 383 Suspension of statute by death
248
Absence or flight
249
Judgment in
250
Nonresidence
251
Concealment
252
Of person 388 Return 389 Fraud or fault 390 Ignorance mistake and duress
253
Revivor ARTICLE VI
254
Criminal prosecutions 1401 Scope of adjudication 1402 Judgments without prejudice
255
Voluntary surrender 2104 Authority for detention
257
Acknowledgment
258
Extension agreement
259
Vendor and purchaser 1449 Other special relations 1450 Coplaintiffs and codefendants 1451 Persons not parties or privies 1452 Evidence
260
Genuineness of writingsAdmission
261
Judicial admissions 1088 Offers of compromise
263
ARTICLE VII
264
Contracts
266
Scope of inquiry 2250 Appeal
268
Individuals
270
Real party in interest
271
Attachment
272
Dissolution of corporation
274
Stockholders suit
277
VERDICT
281
Government and governmental agencies
283
Reversal of judgment
286
FORECLOSURE
289
Default judgment 1377 Want of jurisdiction
295
ARTICLE IV
298
PROCEDURE
301
COSTS ON APPEAL
303
Agency 1033 Consideration
304
CHAPTER IX
305
Necessity
306
Delivery
307
Service by publicationWhen authorized 492 In what actions authorized 493 On whom authorized
310
IN GENERAL 451 Definition 452 Style of process 453 Necessity and use of process
311
Issuance of summons
312
To another county
313
PrŠcipeForm i
314
Form and requisites 458 Indorsements
315
Alias summons 160 Abuse of process DIVISION II SERVICE AND RETURN 461 In general 162 Indorsement
316
Acceptance of service and appearance 464 By whom served 465 Service on only part of defendants
317
Effect of judgment 467 Manner of service
318
Validity and effect of service
319
Service out of state 470 Service on corporation
320
On foreign corporation
321
For defendant
322
On insurance company 473 Insurance commissioner
323
Insurance board 475 On railroad company and stage lineAgent
325
Where no agent appointed
327
Where personal service impossible 478 Actions against counties 479 Service on infant
328
Service on sheriff 181 On inmates f hospitals for insane 482 Notice or process issued by state board of arbitration
329
County court 481 Return
330
Fees 486 Conclusiveness
331
Entering return 488 Evidence of service 489 Forms
332
490_500 Division III Service by publication
334
When authorized
335
AffidavitForm
338
Cause to be stated
344
501
348
Pleadings 2219 Motion or applicationAffidavitNotice Forms 2220 Disqualification of judge 2221 In Supreme Court
350
Amendment
351
Amendment 504 Where service by publication
352
Waiver of objections ARTICLE III APPEARANCE 506 For infant
353
General appearance
354
Motion or summary proceedings 1406 Void in part
355
Filing judgment in district courtForms
358
Special appearance 509 Effect
360
Waiver of process 511 ObjectionsPreservation and waiver
361
ARTICLE I
363
Former jeopardy 2114 Void statute or ordinance 2115 Excessive bail 2116 Who entitled to relief 2117 In whose favor granted
364
Stipulation 514 GroundsIllness of party
365
Accident or mistake 516 Amendment of pleading
366
Reinstatement
380
Abandonment of motion
381
Voluntary dismissal
382
733
384
Sufficiency of petition 2126 Security for costs not required 2127 DismissalMotion to dismiss
385
Demurrer to answer or return 2230 Dismissal before hearing 2231 Conduct of trial 2232 Evidence
386
Conduct
387
Scope of estoppel
389
Pleading evidence
390
Polling of jurors 1194 PartiesDesignation 1195 Severance Variance 1196 Several counts 1197 Surplusage
391
Value
394
Surplusage
396
562
397
Clerk
398
Jurisdiction
399
Parties
400
Verdict without judgment
402
Instrument for payment of moneyPrivate statuteForm
403
Attorneys fees
404
Proceedings in lower court 2553 Powers and duties 2554 Amendments 2555 Disposition of property
405
Libel or slanderForm
406
ARTICLE XVI
407
Construction and operation
409
Requisites and sufficiency
410
Official acts 934 Carriers 935 RailroadsInjury to passenger 936 Injury to employee
412
Assignment
414
Eligibility 1889 Oath and bondForms 1890 Liability on bond 1891 ObjectionsWaiverCollateral attack 1892 ContemptInterference with receiver 189...
415
Misrepresentation or breach 961 Indians
416
Cancellation of instruments 1139 Reformation of instruments 1140 Divorce
417
Setting aside
419
Compensation
422
FraudForm
423
HomesteadInsane spouse 2299 Service of petition
424
LimitationsForm
425
Elements of judgment
426
Matters necessary to be pleaded
428
Damages
430
Malicious prosecution 965 Negligence
433
AmercementForms 1656 Execution mailed 1657 Distribution among execution creditors 1658 Surplus
434
Identity of subjectmatter 1456 Identity of issues 1457 Matters not in issue 1458 Issues undecided 1459 Title or right to property 1460 Rights under c...
437
Partnership DIVISION III PROCEDURE
438
FormsPetitions
439
Paternity race and age 1046 Mental condition
441
Definition
444
Hearing
448
Duties
449
Physical appearances conduct and condition 1048 Financial condition 1049 Medical and surgical practice 1050 Speed
450
Damages 1052 Amount
452
JOINDER SPLITTING CONSOLIDATION AND SEVERANCE 580 JoinderForms of motions
454
Real property
455
PleadingsForms 2007 Order for partitionForm 2008 Commissioners
460
Costs taxed by clerk 1537 Costs where defendant disclaims 1538 Costs go with judgment 1539 Prevailing party 1540 Costs that may be taxed at discr...
461
Enumeration of grounds 1928 Abandonment
462
Identity of actions 1415 Identity of subjectmatter 1416 Theory of action
463
Separately stating and numbering
464
Where demurrer sustained
466
Splitting
467
Consolidation 585 OrderForms
468
EXHIBITS AND PRAYER
469
Apportionment 1545 Waiver
470
Exhibits
471
Prayer
472
ARTICLE V
473
Necessity and requisites
474
Periods applicable 2424 Time during which limitation runs 2425 Extension of timeDismissal
475
Tickets bills of lading and receipts
476
Alias writ 1603 Seal
479
Errors and irregularitiesIn general 1384 As to parties 1385 As to pleadings 1386 In proceedings
482
Perjury 1388 Fraud
484
Against infant
494
HearingJury trial 2302 Evidence Application 2303 Alimony support and suit money 2304 Corporation commissionAppeal 2305 Burden of proof
497
DamagesAssessmentMeasure 1463 Breach of warranty
499
Account 613 Corporation and partnership
504
Waiver 615 Forms
505
COUNTERCLAIM AND SETOFF 616 CounterclaimNatureRight to interposeSetoffLimitations 617 SetoffRight to interpose
507
Recovery of rent
508
Defined and distinguishedStatute applied
509
Conditions to granting
511
Subsisting right 620 Equity
512
Crossbill or crosspetition
513
Landlord and tenant
514
Action against United States 624 CrossdemandsDeprivation 625 Assignments
515
Definition 627 Parties and mutuality
516
New partyCounterclaim 629 New partySetoff 630 Form and requisites
517
Notice
518
ARTICLE VI
520
Enforcement of liability 2562 Extent of liability
521
Ejectment
523
Conspirators
524
ARTICLE VII
528
Interplea
529
Amendment before answer 650 Formal defects 651 Allowance of amendmentDiscretionForms
530
Conformity to issues in general
531
Explanation 1103 Construction
533
Damage to property
534
Wrongful death 939 Death
535
RECEPTION OF EVIDENCE
536
JudgmentIn generalForm 1743 For defendant
538
Variance 653 Failure of proof
540
Amendment on demurrer
541
Continuance after amendment 656 Notice of amendment
542
Interlineation 658 Subjectmatter of amendment 659 Supplemental pleadings
543
Relief
544
Fraud
545
Vacation of order 2182 ExecutionJudicial sale 2183 Proceedings for review 2184 Enforcement of mandate on review 2185 Taxation of costs
548
GroundsIn general
552
Lost pleadings ARTICLE IX
555
Bastardy Division III EQUITY
559
Waiver
560
Judgment or orderForms
562
Irregular proceedings 1821 Jurisdiction
565
Objection to introduction of any evidenceForm
566
Specific performance
569
Demurrer
570
ARTICLE X
571
Conclusiveness of record
572
Motion to retaxForm
573
Collateral attack
576
Inherent power
577
Persons who may move 1823 Proceedings on motion
578
Common estateCommissioners 2022 Petition parties and notice 2023 Realty in different counties
580
Authority to sell
581
Splitting actionsSingle and entire 1421 Accounts 1422 Installments
583
Collusion
584
Affidavits of plaintiff
585
Reference
586
Foreclosure
587
Discretion
589
On joint liability
590
Unlawful detention Conversion 1465 Use and occupation 1466 Exemplary damages
593
Motion to make more definite and certain
596
Torts 1424 Successive causes of action
597
Form and requisites 696 Time of making 697 WaiverDismissal
598
Motion to require pleader to separately state and number 699 Form and requisites
599
WaiverDismissal 701 Motion to require electionForm
600
Description of property 174 5 Possession or return
601
Time of making
602
Effect and sufficiency
603
DisclaimerForm
604
Must be entered for whom
605
EffectBy guardian ad litem
606
General demurrer
610
Mechanics lien
611
Guaranty
613
Joint demurrer 715 Demurrer to answer
614
To amended answer 717 To setoff or counterclaim 718 Demurrer to reply
615
Demurrer relating back 720 Construction of pleading demurred
616
Ruling order and judgment
617
ARTICLE XII
619
Damages
620
Cause of action 1469 Who may sue 1470 Review 1471 Foreign judgments
623
Conflicts DIVISION II TRANSCRIPT
631
Waiver
632
Withdrawal
633
Neglect to claimCost
634
Forms Division V UNAUTHORIZED PLEAS
635
Plea in abatement
636
Plea in bar ARTICLE VI
637
Reply or demurrer
638
When reply necessary
639
ContemptRefusal to testify 747 Writing of depositions 748 Filing
640
Counterclaim or setoff in reply 641 Demurrer or reply to answer by codefendant
641
Construction and effect
642
Fees for taking 753 Exceptions
643
Requisites and sufficiencyForms 644 Departure
644
Waiver of objections
645
Time for filing 617 Additional timeWithdrawalService of amendment
646
Waiver of objections 760 Perpetuating testimony 761 PetitionForm
647
Order for examining witnessesForm 763 Crossinterrogatories
649
Filing and use Costs 766 Error waived by not excepting 767 When deposition may be used
650
Unavailability of witness
651
Deposition as evidence 770 May be read when
652
Admission of part of deposition 772 Copies 773 Interpleader
653
EnforcementExemptions 1607 Homestead exemption 1608 Exemptions not to apply when 1609 Exemption of personalty not to apply when 1610 P...
655
Forms ARTICLE II
656
Opening or vacating saleForms
657
CHAPTER XIII
659
Reimbursement for improvements and expenditures
660
Admonition
663
Order of trialIssuesDamagesMotionsObjections
664
DissolutionIn general
665
Waiver of right to object 794 IssuesTrial by court or jury 794a Trial by court
666
Evdence
667
Modification of decree 1959 Release of obligation 1960 Agreements of parties 1961 Disposition of property
668
Special findings
669
Journal entryForm
670
794b Agreed statement of facts
671
Submission without suit
672
Requisites and sufficiency 1211 Responsiveness 1212 Inconsistency 1213 Defects and amendments 1214 Construction
676
Objections and exceptions
680
Motion to strike from filesForm
681
CHAPTER XVII
683
Definition 1218 Province of court 1219 Defining words and terms
684
Payment
685
Amendments 2455 Settlement and certification
687
Title and rights of purchaser
688
Value
689
Reasonable compensation 970 Damages
690
Personal injuries
694
Custom and usage 1054 Habits and nature
695
Wrongful death
697
Misconduct of others 1178 View of premises 1179 Taking papers and articles to jury room 1180 Additional instructions 1181 Information after retir...
700
Death expiration of term or absence of trial judge 2459 Special judgeAppellate court 2460 Filing in both courts 2461 CorrectionNotice 2462 Waiver...
703
Agency
710
Assignment to one owner 2027 Sale of estate 2028 Report of proceedings 2029 Assignment of residue 2030 Advancements
712
Demurrer to evidence
716
1360 Judgment and conveyances 1361 Prior unrecorded deed 1362 Receivership
718
Cure of error
722
Divorce
723
Effect of dissolution
724
Ownership
725
Requisites of returnForm 2139 Failure to make return 2140 Exception to return
729
Fraud
730
Insurance
731
Effect of motion
732
PROCURING ATTENDANCE AND TESTIMONY
734
Appeal and error 1752 Costs
735
Attorneys fees 1553 Stenographers fees 1554 Receivership 1 5 55 Fees for legal publicationTaxed as costs 1536 Contempt proceedings
738
Jurors 13 58 Witnesses
739
Mode of testifying
741
Clerk to make record 1278 When made
745
CROSSEXAMINATION
747
Duration of lien 1361 Postponement of lien
750
Character witness
753
859
754
In general 861 KnowledgeSignatureBooks and accourts 862 Persons interested 863 Adverse party 861 Incompetents S65 Husband and wife
755
Contents
757
Marriage 979 Price 980 Title
759
Services 982 Condemnation proceedings 983 Agency and partnership 984 Unlawful arrest 985 Entire conversation or transaction 986 Telephone co...
760
Agency
761
Attorney and client
768
Clergyman or priest 868 Physician and patient
769
Construction of statutes 870 Conviction of crime 871 Selfincrimination
771
Waiver
773
Handwriting 1058 ldentification 1059 Dangerous and safe conditionsNegligence 1060 Competency and skill
775
Transactions with decedent
777
Witness privileged from being sued
783
ARTICLE IV
784
Corroboration 877 Impeachment 878 Impeaching own witness
785
Character and conduct of witness
786
ReputationPlace and time of acquiring
787
Particular facts 882 Conviction of crime
788
Crossexamination to test reliability or to discredit
790
Conduct in reference to the case
793
Inconsistent statements
796
To be signed 1281 Completing record 1282 Conclusiveness 1283 Nunc pro tunc orders 1284 Lost or destroyed judgment 1285 Filing transcriptJusti...
798
Contradicting witness
800
Prior corroborating statements 888 Sustaining evidence
801
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Common terms and phrases

Popular passages

Page 531 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 178 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission.
Page 243 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 281 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 294 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Page 290 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 507 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 603 - The defendant may demur to the complaint within the time required in the summons to answer, 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, 2.
Page 8 - SECTION 1. The judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, in a Supreme Court, District Courts of Appeal, Superior Courts, Justices of the Peace, and such inferior courts as the Legislature may establish in any incorporated city or town, or city and county.
Page 163 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. ž 3. Every other remedy is a special proceeding.

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