Page:United States Statutes at Large Volume 31.djvu/1471

 F1rrY-six*rr1 oorieanss. srss. 11. ori. ssl. 1e>e1. 1419 tion, Or other pleading of the adverse party, and said demurrer shall be overruled, the party demurring shall have the right to plead over, by traverse or otherwise, without waiving his said demurrer; and upon appeal shall have the right to insist upon his demurrer and have h benefit thereof as fully as if hevhad not pleaded over. - 1 - l gm, 1534. Non nsw FAOTUM.—·l\O plea of non est factuin shall be Nm estfmumreceived unless it be verified by the oath of the party tendering the same, or unless the defendant, being heir, executor, or administrator f the person alleged to have made the deed obtain leave of the court 3pon just cause shown, to put in such plea without verification. j ‘ See. 1535. PLA1Nr1rr’s orrrcrar oiianaorma, now 1>nN1nD.——If either C,};¥g;j§§’¤ hogmcgé} Party wishes to deny the right of any other party to claim as executor, med. ' or as trustee, or in-other representative capacity, or as a corporation, he shall deny the same specially underoath. Crrarrnn Frrrr. _ Process. Sec. 1536. SU1v1MoNs.—In all common—law civil suits and actions in S“m““““· the District of Columbia the process for compelling the defendant’s appearance shall be a summons in the following form: ‘ sUM1v1oNs. —f<>¤¤- V In the supreme court of the District of Columbia. A B, plaintiff, l A  1. N b versus _. t aw. Hum er C D, defendant. ` The President of the United States to the defendant, .. , greeting: You are hereby summoned to appear in this court on or before the twentieth day, exclusive of `Sundays and legal holidays, after the day of service of this writ upon you, to answer the plaintiff’s suit and show why he should not have judgment against you for the cause of action stated in his declaration; and in case of yourwfailureso to appear and answer, judgment will be given against you by default. Witness the honorable ...i,. , chief justice of said court, the i .. day of ._._.. , anno Domini ,... A- C1 k - —;— LM- ere By —— ——; Assistant Clerk. Sec. 1537. Smnvrom ON ronnren ooR1>oRAr1oNs.—In actions against ,O§,f,f,‘§,‘§O,§‘§ *""“g“ foreign corporations doing business in the District all process may be served on the agent of such corporation or person conducting its business, or, in case he is absent and can not be found, by leaving a copy at the principal place of business in the District, or, if there be no such place of business, by leaving the same at the place of business or residence of such agent in said District, and such service shall be effectual to bring the corporation before the court. · u Crrnirrnn F1r*r·Y—ONm. Quo warranto. Sec. 1538. Aemivsrr w11oM ISSUED.·4A quo warranto may be issued`i,§,§§jmt Wh°m gpm the supreme court of the District in the name of the United ates—A First. Against a person who usurps, intrudes into, or unlawfully holds or exercises within the District a franchise or public office, civil OT military, or an office in any domestic corporation.