Page:United States Statutes at Large Volume 31.djvu/393

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 341 Second. If the action be against the defendants severally liable, he ` may proceed against the de endants served in the same manner as if the were the only defendants; or, _ 'llhird. If all the defendants have been served, judgment may be taken against any or either of them severally, when the plaintiff would be entitled to judgment against such defendant or defendants, if the action had been against them, or any of them alone. Sec. 52. Proof of the service of the summons, or of the deposit sulgggugf ¤¢¤vi¤¢ of thereof in the post-oflice, shall be as follows: ` First. If-the service or deposit in the post-office be by the marshal or his deputy, the certificate of such officer; or, _ Third. In case of publication, the affidavit of the printer or his foreman, or his principal clerk, showing the same; or,- ` Fourth. The written admission of the defendant in case of service otherwise than by publication; the certificate, affidavit, or admission must state the time and place of service; and in case of deposit in the post-office, the time and place thereof. V Sec. 53. From the time of the service of the summons or the allow- qlfifge gmggggionw- · ance of a provisional remedy the court shall be deemed to have acquired AJ ' jurisdiction and to have control of all the subsequent proceedings. A volpntary appearance of the defendant shall be equivalent to personal service of the summons upon him. CHAPTER Fivn. on THE PLEADINGS. Sec. Sec. 54. Forms of pleadings, how determined. I 55. Pleadings on the part of plaintiff and defendant. Sec. 54. All the forms of pleading heretofore existing in actions at h0F°*3¤€e°*R1¢¤éii¤z¤. law and suits in equity and in admiralty are abolished, and hereafter W 8 mm ‘ the forms of pleading in courts of record and the rules by which the sufficiency of the pleadings is to be determined shall be those prescribed by this code. ' Sec._ 55. The only pleadings on the part of the plaintiff shall be- p&§{¤&di;{5¤nmg¤ the First. The complaint; P ` Second. The demurrer; or, Third. The reply. And on the part of the defendant- "d°‘°“d““‘· First. The demurrer; or, Second. The answer. _ Cnnrnn Six. on THE COMPLAINT. Sec. Sec. ` 56. First pleading to be complaint. i 57. What complaint to contain. Sec. 56. The iirst pleading on the part of the plaintiff shall be the c01,;,‘;§f,§§“‘““g °°*’° complaint. . - _, Sec. 57. The comtplaint shall contain- c0§Q§}L§*,§_°°mP‘°*¤° °° ' First. The title o the cause, specifying the name of the court and the names of the parties to the action, plaintiff and defendant. . Second. A plain and concise statement of the facts constituting the cause of action, without unnecessary repetition. Third. A demand of the relief which the plaintiff claims. If the recovery of money or damages be demanded the amount thereof shall be stated.
 * ~ Second. If by any other person, his affidavit thereof; or,