Page:1862 Territory of Dakota Session Laws.pdf/538

CIVIL PROCEDURE - Continued. action deemed pending, and third person excluded, when, 62. when part of real property is situated in another county, 62. JOINDER IN ACTIONS, 62. may unite several canses, when, 62. must affect all parties, and not require different places of trial, 63. PLEADINGS IN CIVIL ACTIONS, 68. Pleadings in General, 68. definition of pleadings, 68. forms as prescribed by this code, 63. only what pleadings allowed, 68. The Petition. contains what, 68. when more than one cause of action, separately stated and numbered, 64. Demurrer. defendant demur, when, 64. demurrer shall specify what; if it does not, 64. objection by answer; if by neither demurrer or answer, 64. when demurrer is sustained on ground of misjoinder; 84. defendant may demur to one or more, and answer remainder, 64. Answer. contains what, 65. counter claim, 66. if defendant omits to set up counter claim or set-off, 65. when new party is necessary to decision of counter claim, 65. set-off can only be pleaded, when, 65. when new party is necessary to decision of set-off, 65. when cross demands have existed, 66. guardians or attorneys shall deny what in answer, 66. Reply. no reply except when, 66. reply contains what, 66. General Rules of Pleading, 66. papers shall be filed, when, 66. pleadings must be subscribed by party or attorney, 66. time for filing may be extended, when, 68. pleading of fact must be verified by atidavit, 66. such verification not required, when, 67. affidavit may be made by one of several united parties, 67. belief of affiant sufficient in affidavit, 67. affidavit by non-resident or absentee, 67. affidavit made before whom, and what certificate necessary, 67. verification does not apply to amount claimed, 67. when and why affidavit made by attorney, 67. construction of pleading liberal, 68. Actions abolished, 68. title of cause not changed in any of its stages, 68. in action relating to account, note, bill, &c., copy must be attached, 68. when pleading may be altered, 68. when and how counter claim and set-off may be withdrawn and made subject of new action, 68. special jurisdiction, how established, 68. performance of conditions precedent in a contract, how established, 68. in action upon account, promissory note, &c., copy sufficient, 69. when others than the makers are party in the action, 69. in pleading private statute, sufficient to refer to title and date of passage, 69. in actions for libel or slander, sufficient to state what, 69. 44