Page:1862 Territory of Dakota Session Laws.pdf/565

548 JUSTICES OF THE PEACE-Continued.


 * if both parties fail to enter appeal, 347.


 * if appellant fail to recover larger amount, to pay costs of appeal, 348.


 * when appeal dismissed, &c., Surety liable, 348.


 * when district court quashes appeal, order to be lodged with justice, 348.


 * when undertaking may be changed or renewed, 348.


 * appeals not allowed, in what cases, 348.


 * when term of between date of judgment and appeal, 348.

, 849.


 * justice may inquire into entry and detention, 849.


 * proceedings had, in what cases, 849.


 * judgment not bar to after action, 349.


 * actions, how commenced, 349.


 * summons not to issue until plaintiff files complaint, 350.


 * summons to state what, and when served, 350.


 * if defendant does not appear, 350.


 * no continuance longer than eight days, without undertaking given, 350.


 * of trial and judgment, 350.


 * if jury demanded-proceedings and their verdict, 350.


 * justice enter verdict and render judgment, 351.


 * exceptions may be taken, 351.


 * in case of judgment of restitution – form of writ, 351.


 * of execution of writ, &c., 351.

.


 * petition in replevin, sworn to and state what, 862.


 * affiant shall execute bond, which shall be filed, 862.


 * justice to issue writ, &c., directing sheriff or constable, how, 862.


 * when property is removed to another county, 362.


 * sheriff or constable may break open dwelling, when, 868.


 * when property is disposed of or concealed, 363.


 * of the return and its contents, 853.


 * deliver property to plaintiff, 853.


 * if third person claim property, 863


 * judgment determine right to property, &c., 868.


 * party entitled thereto may have execution, for what, 854.


 * when it appears that property has been concealed or removed by other party, 854.

, 364.


 * when and by whom execution may issue, 854.


 * justice issue execution without demand, except when, 354.


 * person may have stay of execution, how, 854.


 * stay shall be for how long, 865.


 * no stay of execution, in what cases, 356.


 * when execution recalled, 866.


 * when bail shall remove to other parts, 356.


 * when surety may be obliged to pay judgment, 866.


 * if judgment debtor enter into further undertaking, 356.


 * when judgment obtained against bail, 356.


 * when surety deemed insufficient, 356.


 * of the execution, 367.


 * upon an an execution against joint debtors, 357.


 * when constable is liable for amount of execution, 867.


 * when execution is returned unsatisfied, 357.


 * when defendant dies before judgment is satisfied, 358.


 * Sale on Execution.


 * notice of, 358.