Page:United States Statutes at Large Volume 31.djvu/390

.338 F1F·rY-six·rH concnnss. sm. 1. on. 780. 1900. affidavit of the defendant, Bled with the clerk by the day he is otherwise required to answer, that such person makes such demand without collusion with the defendant. The aflidavit of such third person as to Ilvhether qc gakes such demand of the defendant may be read on the caring o the motion. wljéleg g*;{é>§um¤d€ Sec. 38. All persons having an interest in the subject of the action, ` and in obtaining the relief emanded, ma be joined as plaintiffs, except as in this chapter otherwise providred. Any person may be made a defendant who has or claims an interest in the controversy, _ adverse to the plaintiff, or who is a necessary party to the complete determination or settlement of the question invo ved therein. NQ; géjdzgmade Sec. 39. Of the parties to the action, those who are united in inter- ` est must be joined as plaintiffs or defendants; but if the consent of any one who should have been joined can not be obtained he ma be made a defendant, the reason thereof being stated in the complaint; and when the qluestion is one of a common or joint interest of many persons, or w en the parties are numerous, and it may be impracticable to briiing Ehplm alill tnto court, one or more may sue or defend for the bene totew oe. ` _Whe¤ court vo de- SEc. 40. The court maiy determine any controversy between parties $$31- °‘Z}i.i§§·v°§,SE,a2§ before it when it can be one without prejudice to the rights of others, ‘°’°“gh* in- or by saving their rights; but when a complete determination of the controiipqsly can nplt be had without} the presence of other parties, the _ court s a cause them to be broug tin. Wbcmayintervenc. Sec. 41. Any person may, before the trial, intervene in an action or proceeding, who has an interest in the matter of litigation, in the success of feither of the parties, or an interest against both. An intervention takes place w en a third person is permitted to become a party . to an action or proceeding, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by comlaint setting forth the ground ugon which the intervention rests, Bled gy leave of the court and serve upon the parties to the action or proceeding whowhave not appeared, and upon the attorneys of the parties w o have appeared, who may answer or demur to it as if it were an original complaint. · ` CHAPTER Foun. on THIE MANNER. or THEIR COMMZENOEMENT. Sec. Sec. 42. How actions commenced. 49. When defendant may be allowed to B 43. Requisites of summons. defend after judgment. _ e 44. Summons to contain notice of what 50.:_When the summons is returned not plaintiff demands. found, how plaintiff may proceed. 45. Bywhomesierved and when and where 51. Whlen (th? splmxpsons not served on all retum . e e en an . 46. How served and upon whom. 52. Proof of service of ummons. 47. Wheaxh order for publication may be 53. When court acquires jurisdiction. m e. 48. Publication, how made; personal service out of the district. How actions wm- Sec. 42. Civil actions shall be commenced by Bling a complaint-with m°°°°d' the clerk of the court, and the provisions of section fourteen shall only apply to this subject for the purpose of determining whether an action has been commenced within the time limited by this title. At any time after téhe actgonl iq coglimenced the plaintiff may cause a summons to be serve on the e en nt. . Requisiw of sum- Sec. 43. The summons shall contain the name of the court in which m°“S‘ the complaint is Bled, the_ names of the parties to the action, and the