Page:1862 Territory of Dakota Session Laws.pdf/547

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CIVIL PROCEDURE - Continued. Costs. surety for, given when, 145. action dismissed when security for costs not given, 145. if plaintiff becomes non-resident he shall give security for costs, 146. defendant may move for additional security, when, 146. after final judgment, how costs secured, 146. if any informer, entitled to part of penalty, shall dismiss suit, 146. if lain title, other cossow , Where not otherwise provided, costs allowed to plaintif, 146. if action brought in wrong jurisdiction, plaintiff shall not recover, 147. when costs allowed to defendant, 147. in other actions court may award and tax costs, 147. where several actions are brought on one bill of exchange, &c., 147. when summons is issued to another county, sheriffs entitled to what fees, 147. ACTIONS AND PROCEEDINGS IN PARTICULAR CABES, 148. Actions concerning Real Property, 148. what to be stated in petition for the recovery of real property, 148. what I be sufficient answer, in an action by a tenant in common, plaintiff shall state what, 148. verdict and judgment in an action for the recovery of real property, 148. defeated demand new trial, when, 148. no further trial except upon appeal, 149. parties may avail themselves of statutes for the relief of land claimants, 140. guardian or tenant committing indien waste liable to treble damages, 149. ment of forfeiture and conviction rendered, when, 149. person deemed to have committed waste, when, 149. treble damages in certain other cases, 149. value recoverable, 149. the owner may maintain action even if there be intervening estate, 149. heir may maintain actions, when, 140. of execution, purchaser may maintain action, 149. not intended to interfere with ordinary husbandry, 150. Actions on Official Securities, 160. an officer forfeits his bond, how proceeded against, 160. one judgment against security does not preclude another, 160. Actions for the Partition of Real Property, 160. Proceedings upon Mandamus, 161. writ of mandamus issued to whom and its effect, 161. not issued when there is other remedy, 161. writ either alternative or peremptory - definition of each, 161. which issues first, 151. motion for writ, how made, 151. allowance indorsed, and must be served personally -- contempt, 151. when and how answered, 162. if no answer made - if answer made, 152. no other pleading than writ and answer allowed, 152. if judgment is given for plaintiff, 152. a recovery of damages bar to another action, 162. if public officer, body, or board receiving mandamus neglect duty, 162. GENERAL PROVISIONS. Process, 153. style of, and to be sealed, signed, and dated, 153. if sheriff interested party, coroner acts for him, 168. if both interested, process directed to and executed by appointed person, 163. court may appoint special officer with same powers and fees as sheriff, 168. not more than just vinin action when an