Page:1862 Territory of Dakota Session Laws.pdf/539

522 CIVIL PROCEDURE --Continued. in action for recovery of real property, how described, 69. material allegations not controverted, taken as true, 69. exceptions, 70. material allegation defined, 70. what need not be stated in pleading, 70. Variance ! between pleading and proof, 70. when allegation in general is improved, petition may be amended, when and how, 70. adverse party may amend within ten days, 70. if demurrer overruled, party may answer or apply, 71. court may amend pleading process or proceeding, when and for what, 71. court must disregard errors or defects which do not affect rights, 71. if demurrer sustained, adverse party may amend, 71. in case of amendment requiring time, continuance may be granted, 71. when name of defendant unknown, 71. supplemental petition answer or apply, when, 72. when two or more actions pending may be joined, 72 & consolidation, how made, 72. Replevin of Property, 72. specific personal property may be demanded, when, 72. order for same, when and how made, 72. return day when, 78. sheriff execute order, how, 78. sheriff deliver property upon execution of what undertaking, 78. value of property, how ascertained, 78. if undertaking not given, 78. if sheriff deliver property without undertaking, 7. may except to sureties within twenty-four hours, 74. if judgment be then rendered against the plaintiff , 74, jury shall find judgment for defendant, how, 74. if jud When property claimed has been returned for want of undertaking, 76. an order for delivery, may be directed to any other conty, 76, officer may break open building or inclosure, when, 76. no suit instituted on undertaking, except when, 76. an order issued without affidavit to be set aside, 75. ATTACHMENT plaintiff may have attachment, when and upon what grounds, 76. order of attachment made when certain affidavit filed, 78. undertaking necessary, when, and nature of same, 77. attachment directed to sheriff requiring him to do what, 77. orders may be issued to different sheriffs, 77. return day, 77. Execution and of Attachment, 77. if several issued, executed in order, 77. when and how executed, 77. property released on execution of what undertaking, 78. if property cannot be reached, garnishee ordered to answer, 78. order and notice, how served on garnishee, 78. different attachment may be made by same officer, 78. if already attached, subsequent orders how executed, 78. officers return, show what, 79. property bound from time of service, &o., 79. Disposition of Attached Property, 79. receiver appointed; to take oath and give undertaking, 79. his duties, 79. Return