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PARTIES TO ACTION, EX CONTRACTU—(Continued.)
II. DEFENDANTS TO ACTIONS IN FORM EX CONTRACTU :
1. General rule as to defendants,
2. Joint, and joint and several contracts, and Partners,
3. Principal and agent,
4. Executors, administrators, heirs, &c.,
5. Husband and wife,
6. Parent and child-Infants,
Page.
59
63
69
70
71
7. When there has been an assignment of liability, or change
of credit,
8. Covenants running with land,
As to covenants in leases,
As to common covenants, in deeds of conveyance,
9. How and when the defendant can object, on account of
an omission, mistake, or misjoinder of defendants, in
actions ex contractu,
Misjoinder,
Nonjoinder of defendants,
CHAPTER V.
PARTIES TO ACTIONS, IN FORM EX DELICTO.
5. Who to join or sever; and when a tenant in common,
&c., may sue his cotenant,
83
6. Where the interest in the property has been assigned,
86
7. Where one of the several parties interested is dead,
11. When and how nonjoinder, &c., of plaintiffs, in actions
87
PARTIES TO ACTIONS-EX DELICTO-(Continued.)
15. How and when nonjoinder, or misjoinder, &c., of defend-
SUMMONS, PROCLAMATION AND APPEARANCE.
I. IN WHAT CASES AND HOW SUMMONS ISSUED,
1. Form of a writ of summons,
2. Form of summons when issued to the sheriff of another
county, where one of the defendants resides,
II. INDORSEMENT ON PROCESS OF SECURITY FOR COSTS,
1. Form of indorsement of security for costs,
2. Form of rule for security for costs,
110
111
112
SUMMONS, PROCLAMATION, APPEARANCE—(Continued.)
III. WHEN ALIAS, PLURIES, AND TESTATUM SUMMONS MAY ISSUE, 114
1. Form of alias summons,
2. Form of pluries summons,
3. Forin of testatum summons,
IV. WHERE, WHEN, AND HOW, SUMMONS SERVed,
V. WHEN SUMMONS TO BE RETURNED,
VI. FORMS OF RETURNS TO SUMMONS,
114
115
116
VII. HOW TO PROCEED AGAINST A DEFENDANT BY PROCLAMATION, 117
Forms of journal entries when proclamation is ordered,
117
VIII. WHAT IS AN APPEARANCE OF THE DEFENDANT, AND ITS
2. Members and officers of the Legislature of this State,
121
3. Ambassadors and their servants,
4. Judges, officers, suitors, &c., of Courts,
5. Militia of this State, and soldiers, &c., of the United
10. Where a defendant has been before arrested for the same
cause of action,
123
11. Where the defendant has been wrongfully arrested, or
detained in custody,
124
II. IN WHAT ACTIONS, AND FOR WHAT CAUSES A CAPIAS AD
RESPONDENDUM MAY ISSUE UNDER THE NON-IMPRISONMENT
ACTS,
III. WHAT CASES ARE NOT WITHIN THE OPERATION OF THE NON-
IMPRISONMENT ACTS; AND FOR WHAT CAUSES A CAPIAS
MAY ISSUE UNDER THE PRACTICE ACT OF 1831,
IV. THE GENERAL REQUISITES OF AFFIDAVITS TO HOLD TO BAIL:
1. How entitled,
126
128
2. How the cause of action should be stated in the affidavit, 128
COMMENCEMENT OF ACTIONS BY CAPIAS-(Continued.)
IV. GENERAL REQUISITES OF AFFIDAVITS TO HOLD TO BAIL—(Continued.)
3. How one of the eight particulars mentioned in the non-
imprisonment acts, as causes for issuing a capias,
should be stated in the affidavit,
4. How the causes for issuing a capias, &c., should be
stated, in cases not within the operation of the non-
imprisonment acts,
5. By whom to be sworn,
Page
130
132
6. Before whom to be sworn,
V. FORMS OF AFFIDAVITS TO HOLD TO BAIL:
1. Forms under the non-imprisonment acts,
Commencement of affidavit,
Statement in the affidavit of the cause of action,
For property hired,
133
134
Form of statement in the affidavit of one of the eight
particulars mentioned in the non-imprisonment acts
as causes for issuing a capias,
140
2. Forms of affidavits to hold to bail, in cases not within
the operation of the non-imprisonment acts,
142
In an action against a sheriff,
COMMENCEMENT OF ACTIONS BY CAPIAS―(Continued.)
V. FORMS OF AFFIDAVITS TO HOLD TO BAIL-(Continued.)
Against an attorney for neglect of duty,
For breach of promise to marry,
In trover,
VI. ALLOWANCE OF A CAPIAS AD RESPONDENDUM BY A COURT OR
143
JUDGE,
Form of judge's order for special bail in vacation,
Form of order of court for special bail,
VII. THE ISSUING AND FORM OF THE CAPIAS AD RESPONDENDUM,
Form of a capias ad respondendum,
Form of capias, when issued to the sheriff of the county
where one of the defendants resides,
144
145
IX. RETURN Of, and forms of returns to, a CAPIAS AD RESPON-
4. Not found as to two; one taken and bail given,
151
X. ALIAS, PLURIES and tesTATUM CAPIAS, AND PROCLAMATION,
153
Forms thereof,
154
XI. THE DISCHARGE OF THE DEFENDANT ON BAIL, AND WITHOUT BAIL,
AND HIS ESCAPE, RESCUE AND IMPRISONMENT:
1. Bail bond to the sheriff,
2. When bail bond to the sheriff to be executed,
3. Requisites in the form of the bail bond,
155
Its form,
157