Page:United States Statutes at Large Volume 76A.djvu/462

–366– -366§1805. Parties defendant (a) A person other than the tenant of the premises and subtenant, if there is one, in the actual occupation of the premises when the complaint is filed, need not be made a party defendant in the proceeding, and a proceeding shall not be dismissed for the nonjoinder of any person who might have been made a party defendant, but when it appears that any party served with process, or appearing in the proceeding, is guilty of the offense charged, judgment shall oe rendered against him. If a defendant has become a subtenant of the premises in controversy after the service of the notice provided for by paragraph (2) of section 1803 of this title upon the tenant of the premises, the fact that the notice was not served on each subtenant does not constitute a defense to the action. (b) If a married woman is a tenant or subtenant, her coverture does not constitute a defense; but if her husband is not joined, or unless she is doing business as a sole trader, an execution issued upon a personal judgment against her may only be enforced against property on the premises at the commencement of the action. (c) All persons who enter the premises under the tenant, after the commencement of the suit, are bound by the judgment, as if they had been made parties to the action. § 1806. Parties generally Except as provided in section 1805 of this title, the provisions of section 721 of this title, relating to parties to civil actions in the magistrates' courts, apply to proceedings under this subchapter. § 1807. Complaint; issuance of summons The plaintiff in his complaint, which shall be verified, shall set forth the facts on which he seeks to recover, and describe the premises with reasonable certainty, and may set forth therein any circumstances of fraud, force, or violence, which may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor. If the unlawful detainer charged is after default in the payment of rent, the complaint shall state the amount of the rent. tJpon the filing of the complaint, a summons shall be issued thereon. § 1808. Form and service of summons The summons shall require the defendant to appear and answer within three days after the service of the summons upon him, and shall notify him that if he fails to so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint. In all other respects the summons, or any alias summons in the proceedings, shall be issued and served and returned in the same manner as summons in a civil action. § 1809. Arrest of defendant If the complaint presented establishes, to the satisfaction of the magistrate, fraud, force, or violence, in the entry or detainer, and that the possession held is unlawful, he may make an order for the arrest of the defendant. § 1810. Default judgment If, at the time appointed, the defendant does not appear and defend, the court shall enter his default and render judgment in favor of the plaintiff as prayed for in the complaint. § 1811. Appearance and answer of defendant On or before the day fixed for his appearance, the defendant may appear and answer or move to dismiss the complaint.

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