Page:United States Statutes at Large Volume 47 Part 1.djvu/1022

 998 MI$ PROVISIONS. OII$ PROVISIONS. CHA PTER 16.-MISCELLANEOUS P ROV ISI ONS Pt debtors. s against joint PROCEEDINGS AGAINST JOINT DEBTORS $ummo, attar judg- SEC. 502. PARTIES NOT SUMMONED IN ACTION ON JOINT CON TRA CT went. MAY BE SUMMONED AFTER JUDGMENT .-When a judgmen t is recovered against one or more of several persons, jointly indebted upon an ante, p .M. obligation, by proceeding as provided in section 120, those who were not o rigin ally s erved with the summon s, and did not appear to the action, may be summoned to show cause why they should not be bound by the judgment, in the sa me manner as though the y had been origi nally serve d wit h the summo ns. Contents. SEC. 503 . SUMMONS IN TH AT CASE, W HAT TO CONTAIN , AND HOW SERVED.-The summons, as provided in the last section, must describe the judgment, and require the person summoned to show cause why he should not be bound by it, and must be served in the same manner, and returnable within the same time, as the original summons. It is not necessary to file a new complaint. Affidavit to secom- SEC. 504 . AFFIDAVIT TO ACCOMPANY SUMMONS .-The sum mons m ust m ay. be accompanied by an affidavit of the plaintiff, his agent, representa- tive, or attorney, that the judgment, or some part t hereo f, re mains unsatisfied, and must specify the amount due thereon. Answer; contents. SEC. 505. ANSWER ; WHAT rr MAY CONTAIN .-Upon such summons, the defendant may answer within the time specified therein, denying the jud ent, or setting up any defense which may have arisen sub- sequent or he may deny his liability on the obligation upon which the judgment was recovered, by reason of any defense existing at the commencement of the action. What constitute SEC. 506. W HAT CON STITTG THE PLEADING S IN THE CASE.-If the piasding8 in the ewe. defenda nt, in h is answer, denies the jud gment, o r sets u p any de fense which may have arisen subsequently, the summons, with the affidavit annex ed, a nd the answ er, c onsti tute the written allegations in the case ; if he denies his liability on the obligation upon which the judg- ment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constitute such written allegations, subject to the right of the parties to amend their pleadings as in other cases. ve rd ict . i of issues; SEC. 507. IssUES, HOW TRIED ; VERDICT, WHAT TO BE .--The issues formed may be tried as in other cases ; but when the defendant denies, in his answer, any liabi lity on the obli gation up on which the judg- ment was rendered, if a verdict be found or a decision rendered agai nst him, it must be for not exceeding the amount remaining unsatisfied on such original judgment, with i nterest thereon. Offer of de fendant to compromise. Proceedings on, after suit brought. 72d CONGRESS. SESS. II. CH. 127. FEB RUA RY 27, 1983 . OFFER OF DEFENDANT TO COMPROMISE ,SEC. 508. PROCEEDINGS ON OassR OF THE DEFENDANT TO COMPROMISE AFTER SUIT BROUGHT.-The defendant may, at any time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against h im for the sum or property ; or to. the effect therein specified. If the plaintiff accept the offer, and give notic e thereof within five days, he may file the offer, with proof of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and can not be given in evidence upon the trial ; and if the plaintiff fail to obtain a more favorable judgment, he can not recover costs, but must .pay the defendant's costs from the time of the offer.