Page:1862 Territory of Dakota Session Laws.pdf/537

 520

CIVIL PROCEDURE-Continued.

any person interested adversely to plaintiff, may be made defendant, 54.

partics united in interest must be joined a plaintiffs or defendants, 64.

when parties are numerous, one or more may sue or defend for all, 64.

persons severally liable upon same obligation, may be included in same action, 64.

action does court may determine controversy, when it can be done without prejudice to rights of when persons interested apply, they may be made parties, 56.

when court may make order for delivery, &c., of subject of aetion upon claim of third, 66. last applicable to action brought against a sheriff or officer, 66. in action against sheriff, change in parties, how made; 66. THE COUNTY IN WHICH ACTIONS ARE TO BE BROUGHT, 66. what actions to be brought in county where subject of action is situated, 58. if situated in two or more counties, may be brought in either, 66. if separate tracts in different counties, possession recovered by separate action, 58. action to commence specific performance of contract, may be brought in county here any defendant resides, 56. what actions brought in county where the cause arose, 66. other action against corporation brought in county where it is sitnatod, 67, insurance company, brought in county where cause arose, b7. action against railroad company and stages or coaches, brought in any county where person, section road or line passes, CIVIL actions against a turnpike-road company same, 67. these provisions not applicable where charter presoribes place of bringing suit, 57. actions against a non-resident or foreign corporation, brought where, 57. ther actions brought in county in which defendant resides, 57. when and how case may be removed to another county, 68, COMMENCEMENT OF ACTION, 58. The summons issued by clerk under seal, and its style, 68. plaintiff file a precipe, stating and demanding what, 58. directed to sheriff, and commanding him to do what, 58. if defendant fail to appear, 68. summons issued to any other county at plaintiff's request, when, 58. summons returnable on first day of next term, when time not fixed by starate, 69. when returned "not summoned," other writs may be issued, 69. writs may issue to other counties at same time, 59. Service of Summons, 59. actual service, 69. service by officer to whom it is directed, 69. return must state the manner and time of service, 69. must be returned at the time stated in summons, 69. acknowledgment or appearance of defendant equivalent to service, 69. summons against corporation, how served, 69. against an agency, how served, 60. against agent of foreign corporation, how served, 60. against & minor, 6o. Constructive Service, 60. service may be made by publication, in what cases, 60. affidavit necessary that other service cannot be made, 60. publication, how made, and must contain what, 61. publication, when deemed complete, and how proved, 61. personal service may be made out of territory, 61. when and how a case may be opened after judgment in case of publication only, 61. in case of unknown heirs or devisees, 62. in case one only of several defendants is served, 62.