Sidor som bilder



Plea in, see Plea.
By death, ii. p. 211.
At common law, death of sole plaintiff or defendant before judgment
final, abated suit, ii. p.

Or of one of several plaintiffs, &c., ii. p. 211.
Statutory provisions altering law, ii. p. 211.

In case of death of one of several plaintiffs, &c., ii. p. 211.
Of single plaintiff, ii. p. 212.

And of single defendant, ii. p. 212.
Death of husband or wife, ii. p. 212.
Defendant sentenced to state prison, civilly dead, ii. p. 212.
Death after verdict, ii. p. 213.

Death, &c. of executor plaintiff, or defendant, ii. p. 213, 214.
Marriage of feme defendant, ii. p. 214.
Of feme plaintiff, ii. p. 215.
Suggestion of marriage after verdict, &c., ii. p. 215.
Death or removal of trustee, &c., ii. p. 216.

See" Scire facias."

See " Attachments against absent and absconding Debtors."

Reference in actions of, ii. p. 178, 179.

See " Personal actions."

See" Capias ad respondendum."

General divisions, i. p. 1, 2.
Are transitory or local, i. 85.

Suits relating to real property, local, i. p. 86.
Actions on contract transitory, i. 87.

But not when founded on privity of estate, i. p. 87.
When privity of contract transferred by statute, action made

transitory, i. p. 87, 88.
Action on lease transitory, if founded on privity of contract, i. p. 88.
Debt on judgment, it seems, not local, i. p. 88.
Scire facias on judgment local, i. p. 89.

Actions on bail bonds and recognizances local, i. p. 89.
Actions for torts transitory, i. p. 89.

How of replevin, i. p. 89.
Actions made local hy statute, i. p. 90.

Transitory actions arising out of this state, may be brought here;

not so of local actions, i. p. 91.
Departures from this rule, i. p. 91.
Die with the person or survive, i. p. 92.

Old common law rule, i. p. 92.
Alterations of it, i. p. 92.

And present statutory regulations, i. p. 92.
Parties to actions, i. p. 93.
Plaintiffs in actions ex contractu, i. p. 93.

Action to be brought by him who has legal right, i. p. 93.
When agent may sue, i. p. 94.
How of joint tenants, parceners, &c., i. p. 94.
Where contract has been assigned, i. p. 95.
On joint contract survivor sues, i. p. 95.
Actions by heirs, executors, administrators, i. p. 96.
When feme covert may sue; when to be joined, i. p. 97.
Corporations, i. p. 97.
Towns, counties, i. p. 97.
Supervisors and other officers, i.p. 98.

Effects of non-joinder or mis-joinder of plaintiffs, i. p. 98.
Defendants in actions ex contractu, i. p. 99.

General rule, i. p. 99.
Agents not liable, i. p. 99.

Exceptions, i. p. 99.
Partners cannot sue each other, i. p. 100.

Exceptions, i. p. 100.
So of joint tenants, i. p. 100.
If contract joint, all to be joined, i. p. 100.

Exception, dormant partner, i. p. 100.
When assignee of personal contract may be sued, i. p. 101.
Assignee of real covenants in leases, &c. i. p. 101.
On joint contracts survivor to be sued, i. p. 101.
Heirs and devisees cannot be sued at law, i. p. 102.
When feme covert may be sued alone, i. p. 102.
Consequences of non-joinder or mis-joinder, i. p. 102.
Statutory provisions in actions against next of kin, legatees, &c.,

i. p. 103.
And in actions against public officers, i. p. 103.
Plaintiffe in actions ex delicto, i. p. 104.

General rule, i. p. 104.
Absolute and relative rights, i. p. 104.
General and special property, i. p. 104.
General-rule in cases of joint interest, i. p. 105.

Joint owners of chattels, when to join, i. p. 105.
Joint tenants, and co-partners, &c., i. p. 105.
After death joinder of representatives, i. 106.

When wife to join, i. p. 106.
Consequences of non-joinder and mis-joinder, i. p. 106.
Defendants in actions ex delicto, i. p. 107.

General rule, i. p. 107.
All persons liable for torts, i. p. 107.
And corporations, i. p. 107.
And those who assist, assent, &c., i. p. 107.
When master liable for acts of servant, i. p. 107.


Joint tenants, &c., to be joined, i. p. 108.
When agent or servant liable, i. p. 108.
When torts may be joint, i. p. 109.
When wife to be joined, &c., i. p. 109.
Effects of mis-joinder and non-joinder, i. p. 109, 110.

Exceptions to general rule, i. p. 110.

Plaintiff can have but one satisfaction, i. p. 110, 111.
Mistake in the form of action, i. p. 111.

Consequence of, and how taken advantage of, i. p. 111.
Election of actions, i. p. 112.

Of actions ex contractu, i. p. 112.

Actions ex delicto, i. p. 112.
Joinder of actions, i. p. 112.

When consolidation compelled, i. p. 112.
General rule respecting, i. p. 112.

Joinder of counts in the same action, i. p. 113.

Counts in tort and contract cannot be joined, i. p. 113.
Criterion as to joining actions, i. p. 113.
Causes of action in different rights cannot be joined, i. p. 114.

Cases not within the rule, i. p. 114.
Consequence of mis-joinder, i. p. 115.
Limitation of actions, i. p. 115.
Limitation of suits relating to real property, i. p. 116.

When people barred and persons claiming under them, i. p. 116.
When plaintiffs barred in other cases, i. p. 116, 117.
Suit must be brought within one year after entry, and twenty years

after right of entry, i. p. 117.
Presumption in favour of legal title, i. p.

Adverse possession ; defined in certain cases, i. p. 117, 118.
Effect of descent cast abolished, i p. 119.
Infants, persons insane, &c., excepted from operation of statute, i.

p. 119.

And allowed ten years after disability removed, i. p. 119, 120.
In case of death during disability, heir has ten years after death, i.

p. 120.

Recovery of mesne profits limited to six years, i. p. 120.
Limitation of personal actions, i. p. 120.

Actions barred in six years, i. p. 121.
Assault and battery and talse imprisonment barred in four years, i.

p. 121.

Slander in two years, i. 121.
Actions for escape in one year from escape, i. p. 121.
Actions against sheriffs and coroners for official acts or omissions

ni three years, i. p. 121.
When cause of action deemed to have accrued in case of open ac-

counts, i. p. 122.
Provisions do not operate during continuance of disabilities, of in-

fancy, &c., i. p. 122.
Except in actions for escapes, i. p. 122.
And do not apply to suits on notes, &c., of monied incorporations, i.

P. 122.

Personal representatives allowed one year after death, i. P.

Provisions do not operate during absence from state, i. p. 122.

Actions by state subject to above limitations, i. p. 123.



When actions for penalties barred, i. p. 123.
General provisions applicable to all actions, i. p. 124.
Limitation does not operate during disability as alien enemy, i. p. 124.

Except in suits for penalties, &c., i. p. 124.
Where judgment arrested or reversed, one year thereafter allowed,

i. p. 124.

Where defendant dies before judgment, plaintiff allowed one year

after death, i. p. 124.
If action abate hy death of plaintiff, executor &c., allowed one year,

i. p. 125.
Injunction suspends operation of statute, i. p. 125.
And privilege of members of congress, &c., in certain cases, i. p. 125.
When certain actions deemed to have been commenced, i. p. 125.
How facts contested, i. p. 126.
General provisions respecting disabilities, i. p. 126.
Limitations of provisions, i. p. 127.
Presumption of payment of judgments, 127, 128.

Of specialties, i. p. 128.
Provisions applicable to executors and administrators, i. p. 128, 129, 130.
Limitation of writs of scire facias, i. p. 130.
Of writs of error, i. p. 130.
Judicial decisions on statute, i. p. 131.

Applies to contracts made abroad, i. p. 131.
Construction of words " return into state," &c., i. p. 132.
All joint plaintiffs must be under disability, i. p. 132.
Complete cause of action must exist before statute begins to run, i.

p. 133, 134.
A new promise takes case out of statute, i. p. 135.

Extent and effect of new promise, i. p. 135, 136.
Will be implied from indirect admission, i. p. 137.
But not so as to do violence to the whole admission taken toge.

ther, i. p. 138, 139.
An admission of the breach of a contract or of a tort, will not

take case out of statute, i. p. 140.
See" Personal actions," " Suits relating to real property," " Scire fo-


,5" Remedies not called actions," " Prosecution

and defence of actions."

Petition of widow for, i. p. 83. ii. p. 705.
Appointment of guardians, ii. p. 705.
Service of the petition with notice, ii. p. 705.
Petition of the heirs or owners for admeasurement, ii. p. 706.
Order for admeasurement, ii. p. 707.
Commissioners; their appointment, ii. p. 707.

Oath, resignation, death, &c., ii. p. 707.
Admeasurement and report, ii. p. 708.
Confirmation or setting aside report, ii. p. 709.
Effect of admeasurement when confirmed, ii. p. 709.
Appeal from order of confirmation, ii. p. 709, 710.
Reversal or affirmance of order, ii. p. 711.
Costs, ii. p. 711, 712.


See " Executors and administrators."

How taken, and by whom, ii. p. 53.
Cannot be taken by attorney in the cause, ii. p. 54.
Affidavits taken abroad, ii. p.

When they may be read, ii. p. 54.

How to be authenticated, ii. p. 54. See " Evidence."
Affidavits on motion must be filed, ii. p. 54.
Entitling affidavits, ii. p. 55.

General rule, ii. p. 55.
Rule stricter with respect to affidavits than other papers, ii. p. 55. 57.
When they should not be entitled, ii. p. 57.

How entitled in particular cases, ii. p. 57, 58.
General form, &c., ii. p. 58, 59.
Jurat and subscription, ii. p. 59.
Copies of; what requisite in, ii. p. 60.
Counter affidavits, ii. p. 60.

To oppose a motion, ii. p. 60.
In support of a motion, ii. p. 60.

Service of, ii. p. 61.
Affidavits on motions; how compelled, ii. p. 61.

See " Attorney."

Between parties or their attornies in S. C. to be in writing, ii. p. 52.

Otherwise in court of errors, ii. p. 452.

See“ Error."

See " Privilege from arrest."

When proceedings amendable at common law, i. p. 595.
Defects of form cured after judgment, i. p. 596.
Certain defects cured, enumerated, i. p. 596, 597, 598.
Distinction between defects cured after verdict and after judgment by

default, i. 598, 599, 600.
Amendments made when required by justice, i. p. 600.
Must be something to amend by, i. p. 601.
Amendment may be made in any stage of proceedings, i. p. 601.
Motion to amend, i. p. 602.
Order of court requisite, i p. 602.

Provisions of statute extend to all actions, i. p. 602.

Action of, obsolete, i. p. 2.

Before appearance plaintiff can have no judgment, i. p. 393.
In what manner it may be, i. p. 393.
Notice of retainer not equivalent to, i. p. 39
Special provisions respecting joint debtors, i. p. 394.
Executors and administrators, i. p. 394.

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