Page:United States Statutes at Large Volume 31.djvu/446

 394. FIFTY-SIXTH CONGRESS. · SEss. I. Ch. 786. 1900. except as in this chapter otherwise provided. Any rson may be rniade a defigdanpa whcéi has mil claims an interest in til}; controyefsy a verse to e. p inti, or w 0 is a necessary rt to a com etc _ determination or settlement of the questions invoqzedl therein. P S*““° s“"J°°° Sec. 364. Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if theconsent G he may be made a defendant, the reason thereof being stated in the · _ complaint; and when the question is one of a common or general interest of many persons, or when the parties are very numerous, and it maybe impractgcgblel po brgng theiim gil hbefolfel the court, one or moremaysue or e en ort ebene to thew oe. m§g;vi¤¢_ ¤£ the ¤¤¤¤· Sec. 365. When y there is . more than one defendant in the action, ' service of only one copy of the complaint shall be required, the same to be served on the defendant desi nated by the plaintiif or his attorney by a direction indorsed on such summons, but the summons served on the otger plegeglidautsdshlall contain a brief statement of the cause of action an re ie eman e . - " · m§g$"'§;;§b‘,§ja;%· Sec. 366. In addition to the causes enumerated in the subdivisions _ ,of section tiorpyiseven, service of the summonsrmay be made by publication in i e o owin cases: First. When the suiject of the action is real or personal property in the district, and the defendant has or claims alien or interest actual or contingent therein, or the relief demanded consists wholly or partly Iin excludin the defendant from may lien or interest therein; Second. €Vhen the action is for ivorce, as hereinafter provided. m;’ht:{egbj$;¢(¥_;¤;_§uj§ Sec. 367. The objection to the jurisdiction of the court, or that_the gg; ggistggprzpgy be pfomggwdogs réot state facts sufficient to gonlsltigute a iclsuseof action, ‘ . · no y en emurrer or answer, may e e on e ria . fe!<;gn¤!¤jj¤¤r¤1¤im ¤f de SEo. 368. The counterclaim of the defendant shall be one upon ‘ ‘ which an action might be maintained bq the defendant against the . plaintiff in the action; and in addition to the cases specided in the sub- G pdiilvisions of spcilgion sixty-four, itis sufficient if it be connected with e sub'ect o the action. S aww  Sec. l369. The plaintiff in an action of an equitable nature may unite mm myseveral causes of action -in the same complaint, where they all arise out of— _ . First. The siame transaction, or E transactions connected with the same sub`ect o action; ‘ ‘ Seconmij Contract,express or ignplied; or, c ` Third. Injuries;-with or withoiit force, to property; Fourth. Claims to real property, or any interest therein, with ord without an account for the rents and profits thereof; Fifth. Claims to personal pro erty, or any interest therein, with or without an account for the use thereof; " Sixthi Claims against a trustee by virtue of a contract or by operas. tion of aw. o _ . i But the causes of action so united must all belong to one of these classes, and must affect all the parties to the action, and not require . Giferent places of trial, and shall bef separately stated. m§i{)*l;•g*= 0¤;¤<;q*;gj}uj¤é Sec. 370. The writ of ne exeat is abolished, and instead thereof the mmm. V plaintiff in an action may have the defendant arrested and held to bail r in like manner and with like effect asprovided in the chapter of this title "Of arrest and bail.7’ p A cause of arrest in an action shall be the same as those specified in section ninety-nine, so far as the same may exist, and not otherwise. o · r
 * of anyone who should have been joined as plaintiff can not be obtained,