Page:United States Statutes at Large Volume 47 Part 1.djvu/960

 936 72d CONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . answer set up the true value of the property, and that the person in whose .behalf said affidavit was made was entitled to the possession of the same when said affidavit was made, or that the value in the affidavit stated was inserted by mistake, the court shall disregard the value as stated in the affidavit, and give judgment according to the right of possessi on of sa id prope rty at t he time the affi davit was made. Suin g part y by ficti- SEC. 172. SUING A PARTY BY A FICTITIOUS NAME, WHE N ALLOWED .- When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, and such defendant may be desig- nated in any pleading or proceeding by any name, and when his true na me is discovered, the pleading or proceeding mu st be amended acc ordin gly. Immaterial errors, SEC. 173. No ERROR OR DEFECT T O BE REGARDED UNLESS IT AFF ECTS eto., disregarded. SUBSTANTIAL RIGHTs .-The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadi ngs or p roceedin gs which, in the opinion of said court, d oes not affect they substantial rights of the parties. No judgment, decision, or decree shall be reversed or affected by reason of any error, ruling, instruction, or defect, unless it shall appear from the record that such error, ruling, instruction, or defect was prejudicial, and also that by reason of such error, ruling, instruction, or defect, the said party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error, ruling, instruction, or defect had not occurred or existed. There shall be no presumption that errdr is prejudicial,, or that injury was done if error is shown. Time to amend or SEC. 174. TIME To AMEND OR ANSWER, RUNNING or-When a answer, running of. demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order .. PROVISIONAL REMEDIES IN CHAPTER 1 0 .-PROVISIONAL R EMEDIES . IN CIV IL CIVIL ACTIONS. ACTIONS Arrest and ban. ARREST AND BAIL Arr est in civil SEC. 175. No PERSON TO BE ARRESTED EXCEPT AS PRESC RIBED B Y THIS actions. ooDE.-No person can be arrested in a civil action, except as pre- scribed in this code. When. SEC. 176. CASES IN WH ICH DEFENDANT MAY BE AR RES TE D .-The defendant may, be arrested, as hereinafter prescribed, in the follow- ing cases 1. In an action for the recovery of money or damages on a cause of action arising upo n contract, express or implied, when the defendant is about to depart from the Canal Z one with intent to defraud his creditors. 2. In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, fac- tor, br oker, ag ent, or c lerk, in the cou rse of h is emplo yment as such, or by any other person in a fiduciary capacity ; or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty. 8 . In an action to recover the ossession of personal property unjustly detained, when the property, or any part thereof, has been concealed, removed, or disposed of, to prevent its being found or taken by the marshal.