The Michigan Judicature: And Miscellaneous Practice Acts, with Revised Court Rules and Forms of Pleadings, Nide 1

Etukansi
Alva Marvin Cummins, Franklin A. Beecher, George Mortimer Sayles, Leon Saunders, Harvey B. M. Wilds
Fred S. Drake, 1920 - 2521 sivua
 

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of the State Reporter 12043 Appointment
18
12046 Salary and Expenses
19
12048 Bonds and Duties
20
12051 Manner of Paying Salaries
21
12054 Foreign Attorneys for a Certain Case
22
12056 Board of Examiners
23
12057 Requisites for Admission
24
12058 Qualifications for Admission to the Bar
25
12059 Examination Papers to Be Kept on File
27
12061 Qualifications
28
12065 Effects of Removal or Suspension
29
12066 Persons Not to Represent Themselves as Attorneys
30
12069 Guilty of Deception
31
12070 Wilfully Delays Clients Suit
32
12073 Penalty for Buying Claims
33
Proceedings by Defendant 12075 Notice of Defense
34
12078 EvidenceAdmissible on Criminal Prosecution
35
AttorneysActs Prohibited 12080 Bail or Security in Criminal Cases
36
CHAPTER II
38
12084 The Second Circuit
39
12090 The Eighth Circuit
40
12097 The Fifteenth Circuit
41
12103 The Twentyfirst Circuit
42
12110 The Twentyeighth Circuit
43
12116 The Thirtyfourth Circuit
44
12122 The Fortieth Circuit
45
12124 Number of Judges in Judicial Circuit in Which Wayne County Is Situated
46
12127 Number of Judges in Judicial Circuit in Which Saginaw County Is Situated
47
12129b Number of Judges in Judicial Circuit in Which Genesee County Is Situated
48
12129d Number of Judges in Judicial Circuit in Which Oakland County Is Situated
49
12132 Reservation of Decision of Question at Law for Full Court
50
12136 Presiding Judge to Assign and Apportion Business
51
12139 State of Proceedings
52
Salaries of Judges 12141 Compensation in Full
53
12143 Certificate of Expense
54
12145 Suitable Place for Such Judge to Hold Court
55
12148 Register of Chancery AbolishedCounty Clerk
56
12150 Moneys Deposited as Court Directs
57
12154 Circuit Judges May Cause Money to Be Invested
58
12157 Moneys Transferred to Successor
59
12161 Sheriffs Officers of the Court
60
12163 Sheriff not to Appear as Attorney
61
12138 Keeping of the Record
62
12168 Take Oath of Office
63
12171 Circuit Court Commissioner Cannot Order Stay of Pro ceedings
64
12173 Refusal of OrderNo Application to Be Made to Other Commissioner
65
12176 Supreme Court to Prescribe Cases in Which Commis sioner Shall Not Grant Orders
66
12178 Powers and Duties
67
12180 Commissioner of Adjoining County May Act
68
12183 ale of Property When Commissioner Disqualified or Ab sent
69
12184 Sale of Real Estate When Term of Office Expires
70
12187 Commissioner to Continue in Office for Remainder of Term
71
12190 Jurors and Their Qualifications
72
12191 Contents of List
73
12194 Selection of Jurors in Cities
74
12196 Duplicate Lists to Be Made
75
12198 The Names Placed in Packages to Be Destroyed by County Clerk
76
12202 Adjournment of Drawing
77
12205 Summoning of Jury
79
12206 Clerk to Furnish Copy of Lists of Jurors
80
12209 Destruction of Ballot Containing Name
81
12211 Proceedings in Case of Deficiency of Names
82
12214 Duty of Circuit Judge When Failure Is Made to Return List of Jurors or an Insufficient Number Are Drawn
83
12215 Persons Summoned if They Neglect to AttendSub ject to Fine
84
12217 Count Clerk in Certain Counties When to Draw Fresh Panel
85
12220 Meeting of the BoardMake Lists of Names of Persons to Serve on Petit Jury
87
12223 Grand Jury List
88
12226 The Effect of a Majority of Electors Voting Upon Such Proposition
89
CHAPTER III
91
Salaries of Probate Judges 12231 Payment of Salary
92
12232 Amount of Salary
93
12233 County Clerk to Report the Salary Allowed the Judge of Probate
94
12235 Probate Court a Court of Record
95
12238 Judge to Have Possession of Seal Books and Papers of Court
97
Holding Court by Other Judges 12239 When Judge May Call in Another Judge
98
Disqualification of Judges 12240 When Deemed Incapacitated
99
12242 Appointment of Deputy Registers
101
12243 Appointment of Stenographers
102
12246 Probate Judge and Official to Receive No Compensa tion
103
CHAPTER IV
104
12251 New Seal to be paid for by County
105
12253 Power to Exclude Minors
106
12255 Judge not to Sit in Certain Cases
107
12257 Partners of Judge Not to Practice Before Him
108
12261 Every Person of Full Age and Sound Mind May Be His Own Attorney
109
12263 Subsequent Order Void
110
12266 Subpoena Witnesses
111
12268 Powers of Courts to Punish Contempt
112
12269 Punishment for Contempt When Summarily
117
12270 Proceedings for Punishment for Contempt When Not Committed in Presence of Court
118
12272 Order to Show Cause
119
12274 Habeas Corpus May be Awarded
120
12278 Penalty to be Directed by Single Judge
121
12281 Discharge to be Made Only on Order of Court
122
12285 Arresting and Keeping of Defendant
123
12288 Punishment of Accused
124
12289 Time of Imprisonment
125
12291 Persons Subject to Indictment
126
12294 Measure of Damages
127
12297 Securities Insufficient
128
waves or er en
129
12300 Circuit Courts to be Courts of Chancery
131
12302 Jurisdiction in Chancery
132
12303 Four Terms of Court in Each Year
145
12305 Appointment of Temporary Place by Judge Under Cer tain Circumstances
146
12306 Appointment of Such Order Made by an Order in Writ ing
147
12308 Continuance Until Next Term
148
CHAPTER VIII
149
12310 Joint Several Actions
150
CHAPTER IX
151
12312 Right Accrues to Ancestor
162
12313 Period When Right of Entry Accrues
163
12314 Presumption as to Possession
164
12315 Disability
165
12317 No Allowance of Time for Disability of Other Persons
166
12320 Action Abated by Death of Any Party
167
12322 Foreclosure of Mortgage
169
Limitation of Personal Actions 12323 Period Within Which to Bring Personal Actions
170
12324 Accounts Current
176
12325 Disability
177
12327 Absence of Defendant from State
178
12328 Death of Party
179
12329 Abatement of Action
181
12330 Fraudulent Concealment
181
12331 New Promise to be in Writing
183
12332 Promise by One Joint Contractor
184
12333 Proceedings in Action Against Joint Contractor
185
12336 Joint Contractors
187
12337 Bar of SetOffs
188
CHAPTER X
190
12341 Courts May Change Venue
196
12342 Transfer of Causes
197
12313 Application for Transfer
199
1234 Hearing
200
12346 Determination of Court for Trial
201
12348 Clerk to Transfer Papers and Copies of Record
202
CHAPTER XI
203
12351 Transfer of Suits and Actions to Proper Side of Court
210
CHAPTER XII
211
12354 Actions in Corporate Name
215
12355 Limited Partnership
216
12357 Married Women May Sue and Be Sued as if Sole
219
12360 Superintendent of Poor
220
12363 Unincorporated Voluntary Associations
221
12364 NonJoinder and MisJoinder
222
12365 Change in Parties Not to Impair Actions on Bonds
223
12367 Rights of Party to Note or Bill
224
12369 Foreign Corporations
225
12371 Unknown Persons to be Made Defendants
226
12372 Proceedings to be Began by Whom
227
12373 Suits to Quiet Title
228
12374 Corporations or Partnership Associations as Defend ants
229
12376 Subsequent Proceedings
230
12378 Decree
231
12379 Persons Who Are Incompetent May Sue
232
12380 Appointment of Next Friend
233
12381 Appointment of Guardian Ad Litem for Incompetent Persons
234
12382 Action Prosecuted or Defended by Guardian
235
12384 Abatement of Cause
237
12385 Causes Not Permitted to Abate
238
12387 Cause Jointly Prosecuted or Defended by Personal Representatives
240
12389 Service of Order
241
12392 Procedure Against Survivor
242
12396 Prosecution Against Surviving Defendants
243
12399 Death of One of Several Defendants
244
12402 Death of Defendant in Cause Not Surviving
245
OMMENCEMENT OF SUITS AND SERVICE OF PROCESS 12404 Commencement of Suits and Service of Process
246
12406 Commencement of Personal Actions by Summons or Capias
247
12407 Commencement of Action
248
12408 Commencement of Chancery Suits
249
12409 Service of Bill or Declaration With Process
250
12410 Actions of Ejectment Replevin Attachment and Special Proceedings
251
12412 Service of Copy of Bond
252
Of Capias ad Respondendum 12414 Commencement of Personal Action by Capias
253
12415 Claims for Damages
254
12416 Order for Bail
255
12417 Service of Capias by Whom
256
12418 Discharge from Arrest
257
12420 Fictitious Names
258
12424 Service of Summons
259
12426 Appointment of Person for Service
261
12428 Service Not to be Made on First Day of Week
262
12431 Service Upon Great Lakes
265
How Service of Process May be Made 12432 Service Upon Corporation
266
12433 Service of Railway Company
268
12434 Service Upon Foreign Corporations
269
12437 Service in Duplicate
270
12439 Service Upon Corporations Not Doing Business
272
12441 Return of Process
273
12442 Service at Expiration of Term of Office
274
12443 Exemption from Arrest
275
12447 Arrest Absolutely Void
276
12448 Affidavit of Person Arrested
277
12450 Publication of Order for Appearance
280
12451 Extension of Time for Appearance
281
CHAPTER XIV
282
12455 Entitling
283
12457 Service of Copies of Pleadings
285
12458 Waiver of Answer on Oath
286
12459 Averment of Incorporation
287
12461 In Certain Cases Plaintiff May Declare on Money Counts Alone
288
12463 General Issue
289
12464 Notice of Special Matter of Defense
295
12465 Pleading Statutes of Ordinances
297
12467 Supplemental Pleadings
298
12468 What Demands May Be Set Off
299
12469 Holder Sues All Parties
307
12471 Judgment
308
12473 Setoffs in Suits by Executors and Administrators
309
12476 SetOffs in Equity
310
12477a Action for Recovery of Damages
313
12477b Causes of Action Determined
314
CHAPTER XVI
315
12479 Opportunity to Answer Amended Pleadings
323
12480 Amendment After Judgment
324
12481 Amendment of Returns
325
12483 Omissions and Defects
328
12484 Process Not to be Amended Without Order of Court
329
12487 When Bond Deemed Sufficient
331
CHAPTER XVII
333
12489a Criminal and QuasiCriminal Proceedings
334
12490 Officer to Take Proofs
335
12493 Objection to Competency
336
Of Depositions 12494 Testimony Taken De Bene Esse
337
12495 Testimony How Taken Under Commission
342
12496 Attendance of Witnesses
343
12498 Perpetuation of Testimony
345
12501 Fees for Taking Deposition
346
12503 Admission in Evidence
347
Of Copies of Records Etc 12504 Copies to be Admitted
348
12506 Authenticated Copies
349
12508 Conveyances 350 12508 Conveyances
351
12509 Certified Copies of Deeds
352
12510 Certificate of Paper Not Found
354
12511 Proceedings Before Justices of the Peace in Other States
355
12513 Printed Copies of Laws of Other States
356
12514 Municipal Laws and Ordinances
357
12515 Common Law of Other States
358
12516 Any Device by Way of Seal
359
12519 May Be Proved by Oath of Justice
360
12521 Records of Board of St Marys Canal
361
12524 Proof of Publication of Notice of Sale
362
12526 Affidavit of Printer Prima Facie Evidence
363
12528 When Seal Not to be Affixed
364
12531 Record of License to Marry
366
12532 Certificates of Purchase of Public Lands
367
12535 Proof of Incorporation
368
12536 Proof of Copartnership
369
12537 Seal of Corporation
370
12540 Proof of Open Account or Account Stated
371
12541 Books of Account
373
12543 Proof of Lost Negotiable Promissory Note
374
12545 Admission of Member of Corporation
375
12548 When Witness Not Excused from Answering
376
12549 Minister or Priest Not to Disclose Confessions
377
12551 No Person Excluded from Testifying
382
12552 Witness in Own Behalf
383
12553 Testimony of Opposite Party in Suits
386
12554 Right to CrossExamine Opposite Party or Agent
412
12555 Husband and Wife as Witnesses
413
12556 Testimony of Child Under Ten Years
420
12557 Compensation of Expert Witness
422
12558 Number of Experts
423
12561 Service of Subpoena
424
12563 Warrant for Apprehension
425
12565 Commitment to Specify Cause
426
12569 Affirmation
427
CHAPTER XVIII
429
12574 Dismissal for Want of Prosecution
430
12575 Dismissal at End of Further Time
431
12578 Cáses in Counties of 200000 Population
432
Of Summary Judgments 12581 In What Causes Rendered
433
12582 Affidavit Not Made in Good Faith
434
12585 Decision to be given Within 60 Days
435
12586 Facts and Conclusions of Law
436
12587 Exceptions and Assignment of Error
444
Of Tender and Offer of Judgment 12588 TenderHow and When May Be Made
447
12590 Offer of Judgment
448
12592 Offer Not Accepted
449
12594 Fee Payable to Clerk
450
12595 Trials of Fact
451
12599 Electors Are Competent Jurors
452
12602 Names of Jurors Drawn Deposited in Another Box
453
12604 Names of Jurors Drawn Deposited in Another Box
454
12606 When Jury Drawn from Names Remaining in Box
455
12608 Ballots to be Shaken Before Drawing
456
12612 Challenges
461
12613 No Juror Questioned for Verdict
463
12616 Notice of Striking Jury
464
12619 Formation of Jury
465
12623 Expenses Taxed as Costs
466
12626 Bribery of Juror
467
12630 Instructions to Jury
468
12631 Requests for Instructions
473
Formal Exceptions not Necessary 12632 Exception to Follow Objection
475
12633 Bill of Exceptions
476
12635 Incorporation of Proceedings on Motion for New Trial
479
12636 Duty of Judge to Sign
481
12637 Motion to Set Aside Verdict
483
12638 Filing and Return of Bill
484
12640 Reference Upon Motion
485
12642 Report
487
12643 Notice of Filing of Report
488
12644 Exception on Hearing Before Referees
490
12646 Referees May Call Parties as Witnesses
492
12647 Compensation
493
12649 Auditors to Be Sworn
494
12653 Use of Report as Evidence
495
CHAPTER XIX
496
12657 Time for Appearance
497
12660 Stay of Sale
498
Of Injunctions 12662 Injunction to Stay Trial
499
12663 Stay of Proceedings After Verdict
502
12665 Payment of Deposit to Plaintiff
503
12668 Ascertainment of Damages 604
504
12672 Filing of Bond
505
12675 Sickness of Judge
506
12678 Determination of Decree
518
12679 Execution for Deficiency
521
12680 Other Person as Party
522
12681 What Bill to Foreclose to State 623
523
12682 Unsatisfied Execution
524
12685 How Proceeds of Sale Applied
527
12688 Payment of Installment and Costs
528
12690 Subseqent Defaults
529
12692 Application of Proceeds
530
12694 Conveyance Effectuàl in Law
531
12697 Bond of Guardian 632
532
12700 Order of Court
533
12702 How Real Estate Not to be Disposed of 634
534
12705 Incompetent to be Ward of Court
535
12708 Release of Right of Dower
536
12711 Orders and Directions
537
12713 Index
538
12714 Certificate of Dismissal of Suit
539
Sales of Lands Devised Without Power of Sale 12716 May be Sold Under Direction of Court
541
12718 Petition to Be Filed
542
12720 Proofs and Hearing
543
12723 Proceeds to Stand in Lieu of Property
544
12727 Order of Hearing and Notice
545
12729 Sale of Interest by Guardian
546
Of Award of Money in Lieu of Dower in Lands Aliened by Husband in His Lifetime 12731 When Court May Award Money in Lieu of Dower
547
12733 Petition for Allowance
548
12735 Probate to be Filed with Probate Court
549
12737 Entry of Default
550
12738 Oath to Sureties or Bail
551
12739 Publication of Legal Advertisement
552
12742 Neglect to Attend as Juror
553
12746 Collection of Fine
554
12749 Action for Labor Against Stockholders
555
12752 Sufficiency of Declaration in Seduction
557
12754 Agreement on Case
558
12756 Imputation of Want of Chastity Actionable
559
12758 Damages to Feelings
560
12760 What Defendant May Show in Actions for Libel
561
12762 Serving Copy of Suggestion on Record
562
12763 Trial of Issue on Suggestion
563
Proceedings for Enforcement of Individual Liability of Stockholders 12766 How Individual Liability Enforced
564
12767 When Proceedings to be Taken
565
12769 Petition
566
12771 Trying of Issue
567
12775 Judgment
568
12778 Contribution
569
12780 Execution and Warrant of Abatement
570
CHAPTER XXI
571
12784 Pendency of Suit Not to Affect Suits for Subsequent Breaches
572
12787 Where Damages Paid Do Not Equal Liability
573
CHAPTER XXII
575
12794 Judgment Against Surety for Costs
576
12795 Judgment Against Appellant and Surety
577
12797 When Execution to Issue
578
12799 Judgment as Evidence
579
12801 When Execution to Issue
580
12803 Judgment Against Part of Defendants
581
12806 Certificate of Enrollment
582
12807 Record of Decree in Office of Register of Deeds
583
12810 Omission to Sign Decree or Record
584
12812 Stay of Proceedings Upon Verdict or Judgment
585
12813 Stay Without Bond
586
OF EXECUTIONS 12816 Issue
588
12817 Execution on Justices Transcript
589
12819 Against Body or Goods and Chattels
591
12821 When Property Bound
592
12824 Executions or Attachment from Court Not of Record
593
12828 Against Partnership Associations
594
12831 Second Execution Delivered to Same Officer
595
12834 Indorsement of Names of Defendants No Personally Served
596
12836 Death of Officer Before Completion of Service
597
12838 When Defendant in Custody
598
12840 Discharge of Defendant
599
12842 Defendant Imprisoned
600
12846 Person Surrendered
601
12850 Filing of Bond
602
12854 Bills or Other Evidence of Debt
603
12857 Real and Personal Chattels
605
12873 How Taken
618
12876 Restraint of Transfer of Stock
619
12877 Purchaser of Shares Entitled to Certificate
620
12880 Franchise of Toll Companies
621
12882 Adjournment of Sale
622
12885 Recovery of Penalties for Injury to Franchise
623
Exemption of Homesteads 12888 Homestead Consists of What
624
12889 Alienation Invalid Without Wifes Signature
626
12890 Selection of Homestead
628
12891 Survey
629
12893 House on Leased Land
630
12896 Sale of Premises
631
12898 Notice of Levy to be Filed With Register of Deeds
635
12899 When Lien of Levy to Cease
637
Manner of Selling Real Estate 12900 Giving Notice of Sale
638
12901 Description of Real Estate
639
12904 Removal or Defacement of Notice
640
12907 Sale by Lots and Tracts
641
12909 Where Filed
642
12911 Redemption
643
12912 By Whom Made
644
12915 Sale and Certificate Avoided by Redemption
645
12918 Rights Acquired by Creditor
646
12920 Execution Lien on Undivided Interest
647
12923 Original Purchaser Being Creditor
648
12736 Proceedings in Court of Chancery
649
12929 Actions for Waste
650
12930 For Whose Benefit Actions Prosecuted
651
12932 Conveyance to Executor
652
12934 When Certificate Holder Entitled to Deed
653
12937 Payment of Mortgage by Purchaser of Equity
654
12940 Indorsement of Description of Premises
655
12944 Further Execution in Case of Irregularity
656
12947 Order of Contribution
657
12950 Tenant in Common
658
12953 Acquisition of Rights of Original Purchaser
659
12956 Leasehold Interests
660
12957 Effect of Filing of Notice of Levy
661
12960 Redemption
662
12963 Return of Articles
663
12965 Enforcement of Chancery Decree
664
CHAPTER XXIV
665
12967 Enforcing Performance of Decree
666
12969 When Decree Satisfied Out of Sequestered Estate
667
12971 Judgment Against Village Having No Assessing Officer
669
12973 School District
670
12976 Fractional School District
671
CHAPTER XXV
672
12981 BailPiece
673
12983 Justification of Bail
674
12986 Terms of Stay
675
12989 Proceedings Against Sheriff
676
12992 Officer May Put in Special Bail
677
12994 Sheriff to Endeavor to Serve Execution
678
12997 Surrender by Special Bail
679
12999 Surrender of Defendant
680
Liberties of Jails and Escapes 13000 Who Entitled to Liberties of Jail
681
13001 Bond to Be Executed by Prisoner
682
13004 When Prisoner May Be Recommended
683
13007 What Deemed Escape of Prisoner
684
13009 Effect of Judgment Against Sheriff
685
13013 When Judgment Vacated
686
13016 Action by Assignees
687
13019 Stay of Proceedings Against Sheriff
688
13022 What Deemed an EscapeCapias
689
13024 Defense by Sheriff
690
CHAPTER XXVI
692
13029 Affidavit to be Attached to Writ
693
13030 Against Corporations
696
13031 Endorsement
697
13034 Exemptions
698
13036 Appraisal of Property
700
13037 Attachment of Real Estate
701
13040 Register of Deeds to Note Time and Enter Receipt
702
13043 Conditions of Bond
703
13044 Release of Property
704
13047 When Notice to be Published
705
13048 Bond to be Returned and Filed by Officer
706
13050 Filing Declaration
707
13052 Procedure When Defendant Personally Served
708
13054 Endorsement on Execution
709
13058 To Whom Proceeds Paid
710
13061 Sale in Case of Incumbrance Removed Before Sale
711
13063 Attachment After Suit Commenced
712
13066 Subsequent Proceedings
713
13068 Defendants Bond for Discharge of Property
714
13071 Action for Taking Timber Trespass on Lands May Be Commenced by Attachment
715
13073 Action Against Itinerant Venders
716
13076 Citation to Plaintiff
719
13078 Attendance of Witnesses
722
OF THE ACTION OF REPLEVIN 13080 When Replevin May Be Brought
724
13081 When Replevin Does Not Lie
727
13083 How Commenced
728
13084 Affidavit to be Attached
729
13085 How Writ Executed
730
13088 Failure to Execute Bond
732
13089 How Defendant Summoned
733
13091 Return of Writ
734
13093 Justification of Sureties
735
13096 Court May Allow New Bond Filed
736
13099 Proceedings on Return of Writ
737
13103 Assessment of Damages for Plaintiff
738
13104 Part Ownership or Lien of Special Property
739
13105 Judgment in Case of NonDelivery of Goods
740
13106 Execution in Such Case
741
13107 Powers and Duties of Sheriff
742
13109 Judgment for Value of Property
744
13110 Notice of Assessment of Damages
745
13113 Property Held Subject to Attachment in Certain Cases
746
13115 Proceedings
747
Replevin of Beasts Distrained 13117 Proceedings When Beasts Are Distrained
748
13118 Affidavit to be Annexed
749
13121 Judgment for Plaintiff
750
GARNISHMENT IN COURTS OF RECORD 13122 Issue of Writ of Garnishment
751
13123 Liability of Garnishee
754
13124 Special Interrogatories
755
13125 Copy of Special Interrogatories to be Served
756
13126 Failure of Garnishee to File Disclosure
757
13127 Time for Disclosure Charged
758
13129 Property Subject to Mortgage
759
13131 Report to include Statement of Order
760
13133 Judgment for Plaintiff Before Garnishment
761
13134 When Statutory Issue Triable
762
13136 Amount of Judgment Against Garnishee
763
13138 Trial of Statutory Issue After Confirmation of Princi pal Judgment
764
13141 When Under Contract to Deliver Articles
765
13144 When Garnishee Refuses to Expose Articles for Levy
766
13146 Examination
767
13149 Proceedings of Third Parties Claiming Property
768
13150 Proceedings Against NonResidents
769
13151 Proceedings Commenced by Attachment
770
13152 Amount of Judgment Against Garnishee
771
13154 Several Garnishees
772
13158 Who Not Adjudged Garnishee
773
13159 Garnishee Allowed SetOff
774
13161 Penalty for False Answer
775
13165 Bond for Stay of Proceedings
776
13166 Judgment Upon Default of Principal Defendant
777
OF THE ACTION OF EJECTMENT 13168 When May Be Brought
780
13169 Extension of Action
781
13170 Who May Recover in Ejectment
782
13171 Who to be Defendants
783
13172 How Commenced
785
13176 Undivided Shares
786
13179 Security for Costs
787
13182 Default for Not Appearing
788
13185 Right to Possession Sufficient
789
13186 Lease Entry and Ouster
790
13189 Verdict Upon Several and Distinct Possessions
791
13191 Expiration of Plaintiffs Title Before Trial
792
13192 Suit Not to Abate by Death
793
13194 Writ of Possession
794
13197 Granting of New Trials
795
13198 Effect of Judgment by Default
796
13200 Substitution of Heirs
797
13203 Damages
798
13206 Defendants Pleading
799
13209 Extent of Recovery of Rents
800
13212 Claim in Writing to Compensation
802
13213 Abandonment of Premises and Judgment for Value
803
13214 Payments for Value of Improvement
804
13215 Assessment of Damages on Default
805
13218 Recovery of Mesne Profits on Death of Plaintiff
806
13220 Costs and Expenses of Admeasurement
807
13222 Issuing Writ of Restitution
808
13224 Issue of Execution
809
13226 Verdict and Judgment
810
13227 Filing Notice of Commencement with Register Deeds
811
CHAPTER XXX
812
13230 Restoration of Possession
814
13231 Complaint
815
13232 Process Upon Complaint
816
13234 Pleading to Complaint
817
13237 Judgment on Conviction
818
13240 How Premises Recovered
819
1
822
13241 Complaint
822
13243 Service
822
13244 Defendants Plea
825
13245 Adjournment
826
13247 Adjournments
827
13249 General Powers of Officer
828
13252 Appeal to Circuit Court
829
13253 When Writ of Restitution to Issue
830
13254 Execution for Costs
831
13256 Bond to be Given Before Certiorari Is Allowed
832
13258 Who May Have Partition
834
13259 Instituting Suits
835
13261 Bill to be Verified
836
13262 Who May Be Made Parties
837
13265 Transfer of Lien
838
13267 Summons to Appear and Answer
839
13270 Guardians for Minors
840
13273 Denial of Joint Tenancy
841
13277 Commissioners to Make Partition
842
13280 Making of Partition
843
13283 Expenses
844
13286 Persons and Cases Not Affected
845
13288 Terms of Credit of Purchase Money
846
13291 To Whom Securities Delivered
847
13294 Application for Moneys Brought in
848
13297 Clerk to Procure Discharge of Incumbrances
849
13301 Payment to Owner of Estate with His Assent
850
13304 Unknown Owners
851
13308 Report of Sale
852
13311 Effect on Rights of Creditors
853
13315 Shares of Absent and Unknown Persons
854
13319 Duty of Clerk
855
13322 Assessment and Collection of Costs
856
13324 When Plaintiffs to Pay Costs
857
13328 Effect of Deeds
858
13331 Court May Authorize Release
859
13335 Claims Barred by Statute of Limitations
860
13339 Interest Set Off in Body Without Subdivision
861
13342 Duty of Court Under Judgment in Case of Married Women
862
13344 Release a Bar
863
13347 Division Where All Consent in Writing
864
PLATTING LANDS OF INCOMPETENT PERSONS 13349 Infant May Apply to Court of Chancery
866
13351 Bond of Guardian
867
13355 Guardian to Report Plat on Oath
868
CHAPTER XXXIII
869
13361 Feigned Recoveries
870
13365 Guardians for Infant Defendants
871
13369 Imparlances Abolished
872
13372 Writ of Possession May Include Execution
873
13376 Recovery of Treble Damages
874
13377 Waste After Commencement of Action
875
PROCEEDINGS AT LAW IN THE NATURE OF A JUDG JEVT CREDITORS BILL 13378 Discovery of Property on Oath
876
13379 Witnesses
877
13383 Recovery of Interest in Property Adverse to Judgment Debtor
878
13385 Fees Allowed to Creditor
879
13388 Final Order to Have Force of Degree
880
13390 Notice of Appeal
881
13391 Reversal Affirmance or Modification of Order
882
COLECTION OF PENALTIES FLVES AND FORFEITED RECOGNIZANCES 13393 Penalties Recoverable by Action
883
13396 How Action Brought
884
13398 Declaration in Assumpsit
885
13401 Action Where Amount is not Specified
886
13405 Duty of Other Township Officers
887
13409 Compelling of Payment
888
13413 Proceedings on Return
889
13415 Order for Fine to be Delivered to Prosecuting Attorney
890
13419 Execution Thereon
891
13423 Execution Thereon
892
13426 Remission of Fines and Recognizances
893
13430 Remission of Fines Imposed by Justices
894
13433 Penalty for Not Paying Over Moneys
895
13435 Issue and Return
896
CHAPTER XXXVI
897
13438 When Motion to Vacate Order Not Necessary
908
13439 Mandamus Against State Officer
909
13442 Recovery to Bar Other Action
910
13445 Payment of Fine Bar to Action
911
13447 Service and Return
912
13451 Judgment if Return Adopted
913
CHAPTER XXXVII
914
13455 By Whom Issued
915
13458 Liability for Disobedience to Writ
916
13460 Who Not Entitled to Writ
917
13461 Application
918
13462 Proof Required on Application in Another County
919
13463 Petition
920
13466 Form of Writ of Certiorari
921
13468 Duty of Judges to Issue Writs in Certain Cases
922
13470 Return to Writ
923
13473 Proceedings on Disobedience to Writ
924
13476 Prisoner to be Produced
925
13479 When Prisoner to be Discharged
926
13481 When Prisoner to be Discharged in Civil Cases
927
13483 Irregular Commitments
928
13486 Notice to Parties
929
13488 Evidence Against Return
930
13491 Proceedings on Return of Writ
931
13494 Order for Bail on Certiorari
932
13497 Obedience to Order for Discharge
933
13500 Liability for ReCommitting in Prohibited Cases
934
13502 Aiding in Concealment
935
13505 When Warrant to Order Arrest of Person Having Pris oner in Custody
936
13508 Liability of Officer for Refusal of Copy of Process
937
13511 Return Day
938
13515 Application of Last Section
939
13519 Persons to Obey Certiorari
940
13522 Application of Provisions of Chapter
941
CHAPTER XXXVIII
942
13525 Summons
944
13527 What May Be Set Forth in Certain Cases
945
13528 Judgment
946
13530 Penalty for Refusal to Deliver Books
947
13533 Plea to Suggestion
948
13536 Information Against Corporations
949
13537 Who to Grant Leave
950
13540 Proceedings Upon Return Not Served
951
13543 Court May Impose Fine
952
13545 Collection of Costs
953
13549 Jurisdiction of Circuit Court 954
954
13551 Information for Election Frauds
955
COMPELLING DELIVERY OF OFFICIAL BOOKS AND PAPERS 13554 Delivery of Books to Successor
957
13556 Order to Cause
958
13560 Search Warrant
959
CHAPTER XL
961
13564 Application
962
13565 Order to Show Cause
963
13566 Hearing
964
13568 Bond and Qualification
965
13569 Sales After Application to be Void
966
13572 Stockholder May File Bill
967
13573 Parties Defendant
969
13575 Appointment of Receiver
970
13576 Powers and Duties of Receiver
971
13578 Injunctions Against Corporations
972
13579 Issue and Continuance Injunction
973
13581 Construction of Last Section
974
13582 How Jurisdiction Exercised
975
13584 Distribution Upon Decree
976
13586 Proceedings Against Certain Insolvent Corporations
977
13587 Who May Apply for Injunction
978
13590 When Directors Made Parties
979
10594 Proceedings in Case of Insolvency
980
13597 Enforcing Payment by Directors
981
13553 Proceedings
982
ASSIGNMENTS FOR THE BENEFIT OF CREDITORS 13604 When Assignments to be Void
984
13605 What to Convey
992
13606 Specific Powers of Assignee
993
13608 Notice to Creditors
994
13609 Proof of Claims to be Sworn
995
13610 Assignee May Contest Claims
996
13612 Circuit Court in Chancery to Have Supervisory Power
997
13613 Assignee to Keep Accounts
998
13614 Order of Payment
999
13615 Compensation of Assignee
1000
13616 Fraud in Assignment
1001
13617 Who May Apply for Discharge
1002
13619 Representation to Jailer
1003
13622 Examination
1004
13625 Certificate to be Made
1005
13627 When Officer to Remand Prisoner
1006
CHAPTER XLIV
1007
13632 Power of Plaintiff to Arrest Defendant
1008
13634 Issue of Warrant
1010
13637 Power of Officer
1011
13638 Commitment of Defendant
1012
13640 Custody of Defendant Committed
1013
13641 Fees and Compensation
1014
13642 Property Exempt from Execution
1015
CHAPTER XLV
1016
13647 Claims to Real Estate
1017
13649 Time and Place of Hearing
1018
13652 Meeting of All Arbitrators but Awarding by Majority
1019
13654 Vacating Award
1020
13655 Correction of Award
1021
13658 Judgment
1022
13661 Effect of Judgment
1023
13664 Costs
1024
13667 Construction of This Chapter
1025
CHAPTER XLVI
1026
13673 Suit at Law
1027
13678 Certified Copies
1028
CHAPTER XLVII
1030
13685 Sundry Costs
1031
13686 Defendants Costs in Chancery
1032
13688 Costs Recoverable by Plaintiff
1033
13689 Costs No More Than Damages
1035
13692 Defendant Acquitted
1036
13694 Judgment for One of Defendants
1037
13697 Double or Treble Costs for Defendant
1038
13699 Costs Not Allowed to Either Party
1039
13702 Damages for Delay
1040
13707 Costs as to Realtors
1042
13711 How in Circuit Court
1043
13713 Not to be Collected until Taxed
1044
13717 Evidence of Right to Costs
1045
CHAPTER XLVIII
1046
Fees of Witnesses 13720 For Attendance and Travel
1049
13721 Attorney Not Allowed Fee
1050
MISCELLANEOUS PROVISIONS RELATING TO FEES OF OFFICERS Fees of Circuit Court Commissioners and Other Officers and Persons Autho...
1052
Fees of Commissioners in Counties of Two Hundred Thousand Population 13724 In Certain Counties
1055
Fees of Appraisers Commissioners and others 13725 Appraisers and Commissioners
1056
General Provisions 13727 Special Provisions
1057
13730 Extortion Prohibited
1058
13733 No Fee for Services Not Rendered
1059
CHAPTER L
1060
13737 Not to Stay Proceedings Without Bond
1064
13738 Sufficiency of Sureties
1065
13739 Bond to be Filed and Notice Given
1066
13740 Proceedings on Writ of Error
1067
13742 Disability
1071
13743 Death of Party
1072
13746 How Issued and Made Returnable
1073
Of Chancery Appeals
1081
13755 Extension of Time for Appeal
1088
13759 Duty of Clerk
1094
STATUTES RELATING
FORMS OF PLEADINGS
E PROBATE COURT

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Sivu 205 - Every action shall be prosecuted in the name of the real party in interest; but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought...
Sivu 370 - No person shall be excused from attending and testifying or from producing documentary evidence before the commission or in obedience to the subpoena of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture.
Sivu 618 - Such exemption shall not extend to any mortgage thereon lawfully obtained ; but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same.
Sivu 214 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...
Sivu 408 - A husband cannot be examined for or against his wife, without her consent; nor a wife for or against her husband, without his consent; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage...
Sivu 181 - Act to take effect, upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of the said statute.
Sivu 109 - ... or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court; 12.
Sivu 477 - ... directed to hear and decide the whole issue, or to report , upon any specific question of fact involved therein ; or, 2. Where the taking of an account shall be necessary for the information of the court, before judgment, or for carrying a judgment or order into effect ; or, 3.
Sivu 129 - The court shall have power to compel such discovery, and to prevent such transfer, payment or delivery, and to decree satisfaction of the sum remaining due on such judgments, out of any personal property, money or things in action, belonging to the defendant, or held in trust for him, with the exception above stated, which shall be discovered by the proceedings in chancery, whether the same were originally liable to be taken in execution at law or not...
Sivu 370 - Act, or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture...

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