Page:1862 Territory of Dakota Session Laws.pdf/89

72 contain the words, "real name unknown," and a copy thereof must be served personally upon the defendant.

. 139. Either party may be allowed, on notice, and on such terms as to costs as the court may prescribe, to file a supplemental petition, answer, or reply, alleging facts material to the case, occurring after the former petition, answer or reply.

. 140. Whenever two or more actions are pending in the same court, which might have been joined, the defendant may, on motion and notice to the adverse party, require him to show cause why the same shall not be consolidated; and if no such cause be shown, the said several actions shall be consolidated.

. 141. The order for consolidation may be made by the court, or by a judge thereof, in vacation.

. 142. • • • . 143. • • • . 144. • • • . 145. • • • . 146. • • • . 147. • • • . 148. • • • . 149. • • • . 150. • • • . 151. • • • . 152. • • • . 153. • • • . 154. • • • . 155. • • • . 156. • • • . 157. • • • . 158. • • • . 159. • • • . 160. • • • . 161. • • • . 162. • • • . 163. • • • . 164. • • • . 165. • • • . 166. • • • . 167. • • • . 168. • • • . 169. • • • . 170. • • •

. 171. The plaintiff in an action to recover the possession of specific personal property, may, at the commencement of the suit, or at any time before answer, claim the immediate delivery of such property, as provided in this chapter.

. 172. An order for the delivery of property to the plaintiff, shall be made by the clerk of the court in which the action is brought, when there is filed in his office an affidavit of the plaintiff, his agent or attorney, showing: 1. A description of the property claimed. 2. That the plaintiff is the owner of the property or has a special ownership or interest therein, stating the facts in relation thereto, and that he is