Page:United States Statutes at Large Volume 47 Part 1.djvu/1036

 1012 Provisions govern- An te, p. 1010. Issuance, return, and hearing. 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such acti on or ma tter. The peremptory writ m ust be in a s imi lar form , exc ept that the word s re quiri ng the pa rty to s how c ause why he should not be absolutely restrained, and so forth, must be omitted, and a return day inserted. SEC. 594. CERTAIN PROVISIONS OF THE PRECEDING SUBCHAPTER APPLI- CABLE.-The provisions of sections 584 to 590 apply to this proceeding. ISSUANCE, RETURN, AND HEARING writsofrevlew,man ° SEC. 595. W RITS OF REVIEW, MANDATE, AND PROHIBITION ; ISSUANCE, date, and prohibition. RETURN, AND HEARING .-Writs of review, mandate, and prohibition issued b y the distr ict court, may, in the discretion of the court , be made returnable, and a hearing thereon be had at any time. Rules of practice. RULES OF PRACTICE w~, pp. 916-998, to SEC. 596. CERTAIN PRECEDING CHAPTERS APPLICABLE .-Except as otherwise provided in this chapter, the provisions of chapters 4 to 16 of this code are applicable to and constitute the rules of practice in the proceedings mentio ned in this chapter. SUMMARY PRO- CHAPTER 1 9 .- SUMMARY PROCE EDINGS CEEDINGS. Con fession of judg - CONFESSION OF JUDGMENT WITHOUT ACTION ment without action. For debt due or con- SEC. 597. JUDGMENT MAY BE CONFESSED FOR DEBT DUE OR CONTINGENT tingent liab ility . LIABILITY :A judgment by confession may be entered without action, eith er for mone y due or to becom e due , or to sec ure any pers on against contingent liability on behalf of the defendant, or both, in the manner prescribed by t his subchapter. Such judgment may be ente red in any cou rt having j uri sdic tion for li ke amou nts. reStaited ent In writing SEC. 598. STATEMENT IN WRITING, AND FORM THEREOF .--A statement in writing mu st be made, signed by the defendant and verified by his oath, to the following effect Contents. 1. It m ust authorize the entry of judgment for a specified sum 2. If it be for money due, or to become due, it must state concisely the facts out of which it arose, and show that the sum confessed therefor is justly d ue, or to b ecome due ; 3. If it be for the purpose of securing the plaintiff against a con- tingent liability, it must stat e concisely the facts c onstituting the liability, and show that the sum confessed therefor does not exceed the same. Fi ling of stateme nt SEC. 599. FILING STATEMENT AND ENTERING JUDGMENT .-The State- and entering judgment, district court. ment must be filed with the clerk of the district court if the judgment is to be entered in that court, who must indorse upon it, and enter of recor d, a jud gment o f su ch court for the amount co nfessed, with $10 costs: The statement and affidavit, with the judgment indorsed, thereupon becomes the judgment-roll. Magistrate's court. SEC. 600 . How, IN MAGISTRATES' COURTS .-In a magistrate's court, where the cou rt has authority to enter the judgment, the statemen t may be file d wit h the ma gistr ate, who must the reupo n en ter in his docket a judgment of his court for the amount confessed, with $3 costs. Submittinghout action. contro versy wit SUBMITTING A CONTROVERSY WITHOUT ACTION By parties to ques- tion. SEC. 601 . CONTROVERSY, HOW SUBMITTED WITHOUT ACTION .-Parties to a question in difference, which migh t be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of