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Civil and Criminal codes of practice of Kentucky online

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BAIL : see Arrest and Bail.

BAILIFF can not act out of county where he resides.
BANKS—
538-9 checks on, actions on.

created by law of this State, not required to give security for costs. .616 4**

deposits in by courts 307 244

evidence of officers of must be taken by deposition 554 400

unless, &c... 555, 556 4°°

venue of certain actions against 72 5 1

BANKRUPT—

action by assignee of 21 14

discharge of, effect on action against co-defendant summoned out of

county 80 53

surety 693 444

BILL OF DISCOVERY : see Discovery.
BILL OF EXCEPTIONS: set Exceptions.
BILL OF EXCHANGE—

536-7 actions on 19, 26 11, »

must be filed with pleadings, if it can be produced 120 165

Forms 0/ petitions on •. $3^-7

380 BILLS OF REVIEW abolished. Note (a).

BOARD OF EDUCATION, venue of action against 68 5°

BONA FIDE PURCHASERS—

title of, not affected by new trial to infant 391 *97

defendant constructively sum-
moned 417 3°*

BONDS—

action on, may be joint or several against persons jointly or severally

bound 26, 27 »

lost, may be at law or equity 7 *

indemnifying bond required before judgment in ... . 7 *

defective, how corrected 682 44*

*Y<»riition of, on holiday, does not vitiate 664 437

of with pleadings 120 l$$



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INDEX TO CIVIL CODE. 7^5



pace. BONDS— Continued. "*. * AC «-

718 having the effect of judgments, execution on.

required by Code, for costs 29, 616 23, 422

proceedings on : see Summary Proceedings.
forthcoming of property by party enjoining

execution . . 278 236
joint owner,

subs. 4, 660 435

attached 214, 258 209, 222

defence to.. 216 210

indemnity to obligor in lost writing 7 2

owner of interest in joint prop-
erty.... 208 207
sheriff before levy of attachment .211 208
execution ..641 429
distress-war-
rant 652 433

taking property by

order of delivery .191 197
performance of judgment, before transfer to

equity.. 14 7
discharge
of attach-
ment.221, 222 212, 213

purchase-money of property attached 218 211

sold by order of

court, generally. 697 447
courts in
continuous

session . . . 732
of bail : see Arrest and Bail.

depositary of court in garnishment 225 214

foreign personal representative 404 302

garnishees for money attached 225 214

execution on 232 217

legatees, &c, to refund 435 319

receivers, generally 218, 301 21 1, 243

tenant, to discharge levy of distress- warrant 653 433

suspend levy in part 658 435

proceedings on 654, 657 434

traversers in forcible entry and detainer 463 346

witness failing to obey subpoena 537 395

to answer for disobedience of injunction 286 238

subpoena 537 395 '

secure money lent by court 308 245

obtain discharge of attachment 221, 258 212, 222

levy of execution 278 236

delivery of personal property 184, 185 195

judgment against absent defendant 410 305

order of arrest 154, 240 188, 219

attachment, general 198, 240 203, 219

specific 251,252 221



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786 INDEX TO CIVIL CODE.



pagh. BONDS— Continued. sbc pace.

required by Code, to obtain order of injunction 278 236

re-trial of absent defendant. . . .414 307
sale of property of person under

disability 493 362

suspension of sale under execution

or distress-warrant. 645, 652, 653 431, 433
effect of, and pro-
ceedings on. .648-59 432-35

supersedeas 724, 748 { 45 ^

transfer of issues in ordinary ac-
tion to equity docket 14 7

retain posssesion of attached property 214 209

defence to, 216 210

qualifications of sureties in 683, 684 442

BOOK—

of judgments, to be kept by clerk, with index 392 298

proceedings in courts of justices, to be kept, with index 715 452

BREACH OF CONTRACT—
105 action of tort for.

74-77 averments concerning.

BREAKING— building, &c, by officer 675,676 440

BRIDGE — venue of action against contractor for work on 77 52

BURDEN OF PROOF : see Evidence, 5.
BYSTANDERS—

may be compelled to testify 602 415

when to certify bill of exceptions 337 268

CANCELMENT OF CONTRACT: see Pleas of Avoidance.
CAPACITY TO SUE—

want of, ground for special demurrer 92 116

objection for, to be made by answer when defect not appa-
rent 118 164

CAPIAS AD SATISFACIENDUM—

may issue on judgment against defendant held to bail 168 191

CAPTION—

of pleadings, contents of, generally no 158

when counter-claim or set-off pleaded,

subs. 4, 97 140

of interrogatories must state name and residence of witness, when,

subs. I, 575 406

CARRIER, COMMON—
IOI action against for injury to passenger.

husband and wife may testify for each other against, concerning

lost baggage subs. I, 606 417

234 injunction against discrimination by.

summons against, on whom to be served subs. 5, 51 41

venue of action against 73 51

Form of petitions against 549, 562

CASE—

agreed : see Agreed Case,

civil, defined I I

delays-case, disposition of 759 491



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INDEX TO CIVIL CODE.



7*7



mm. CAUSES OF ACTION— sue. page.

allegation necessary to state or support is material 127 171

dismissal of, without prejudice, by the plaintiff or court 371 289

striking out of, by party or court 84, 85 56, 57

joinder of: see Joinder.
CAUSE OF CONTROVERSY—

statements of, by parties to action, are pleadings ^. 87 58

CAVEATS — provisions concerning 473 '350

155 CERTAINTY IN PLEADING.
CERTIFICATE—

of clerk to transcript subs. 12, 737 479

officer to affidavit 551 398

deposition 582 407

may be amended 588 410

personal representative's authority to obtain execution 404 302

physician, to prevent service of summons on lunatic 53 42

CERTIORARI—

issuing of, by clerk of Court of Appeals. 742 482

order of, by Court of Appeals 743 482

CHANCERY : see Equitable Actions.
CHARACTER—

action for injury to, joinder of causes in subs. 5> ^3 55

statement of extrinsic facts in 123 166

venue of 74 51

of witness, how attacked 596, 597 413

supported 599 415

252 CHARGE OF COURT: see Instructions.

CHARTERS: see Repealing or Vacating, &c.
CHECKS ON BANKS—

action on 19, 26 II, 20

money deposited by court to be paid only upon clerk's check 307 244

Forms of petitions on 538, 539

CHOSE IN ACTION—

action by assignee of 19 11

for subjection of to judgment 439 322

232 CHURCH-CONTROVERSIES— injunctions in cases of.
CIRCUMSTANCES—

mitigating, and truth may be pleaded in action for libel or slander. . 124 166

CIRCUIT COURT: see Courts.
CIRCUIT JUDGE: (see Judges.)

what judges the words embrace subs. 14, 732 462

CITY COURTS: see Courts.

CIVIL ACTION and CASE defined 2, 3 1

CIVIL PROCEEDINGS IN BEHALF OF THE COMMONWEALTH—

provisions of General Statutes concerning, adopted 450 330

CLAIM AND DELIVERY OF SPECIFIC PERSONAL PROPERTY—
106 action for.

affidavit for immediate delivery 180 194

statement of value of property in 182 195

bond for immediate delivery, generally 184 19*5

in action against officer 185 195

appraisement of property before taking 189 197



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788 INDEX TO CIVIL CODE.



pagb. CLAIM AND DELIVERY, &c— Continued. sbc. pagi.
652 defences in action for.

order of delivery, requisites of 183 195

issuable by clerk 181 194

to several counties 192 197

»■ sheriff to execute 186 196

disposition of property by 187, 188 196

indemnifying bond to . 191 197

keeping property and expenses therefor. . . 190 197

may break building to execute 675 440

removal of property, defendant punishable for 193 197

restoration of property to defendant 188 196

verdict in action for 330 262

judgment thereon 388 296

Form of petition, p. 554 ; of answers, pp. 652, 653, 655 ; of reply, ... 678
CLAIMANT OF PROPERTY—

attached, may be required to give information concerning it 220 212

bond of, to suspend sale under execution, &c 645 431

return of 047,651 432.433

motion on 648 432

in litigation, intervention by 29 23

may be interpleaded by defendant 30, 31 25, 26

CLEARNESS required in pleading 115 162

CLERGYMAN—

not to testify concerning confession without consent subs. 4, 606 417

CLERICAL MISPRISIONS—

judgments declared to be such by Code 517 379

382 other clerical misprisions. Note (<?).

correction of, to be by motion 519 382

then by appeal 516, 763 378, 494

error in rendering premature judgment, when motion to be made. . .519 382

injunction, &c, against premature judgment 524 384

CLERKS OF COURTS—

affidavits may be taken by 549, 671 398, 439

absent defendants, warning order against to be made by 57 43

upon affida-
vit, &c. . . 58 44

attorney for to be appointed by 59 45

appeals to be granted by, when 734 465

arrest, order of, to be issued by, in action for money due 153 188

upon bond, &c. 154 188
attachments, issuing of by : see Attachments,

bonds to be prepared by 672 440

for costs to be approved by 616, 618 422

performance of judgment in attachment cases to be taken

by 222, 258 213, 222

supersedeas of judgment to be taken by 724, 748 454, 485

from foreign executor, &c, to be taken by 404 302

certiorari, issuing of by 742 482

delivery of personal property, order for, may be made by. . 181, 183, 192 { 1 ^ J f ^

decedent's estates, &c, may be referred to commissioner by . . .431, 438 317, 32!



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INDEX TO CIVIL CODE. 789



pagm. CLERKS OF COURTS— Continued. sbc. fagb.

depositions — cross-interrogatories to, filing of by 575 406

commission for, to be issued by 576, 577 406

reception of, by 583 408

return of, by, to officer taking 588 410

taking of, by 562 401

deputy may act for 678 441

deeds and reports to be recorded by subs. 8, 499 367

f 284, 285

dockets to be kept by 347, 355, 704, 740, 753, 754, 7 & 8 Ap. \ 450, 481

l488,730

evidence of, to be taken by deposition 554 400

unless, &c 555, 556 400

forcible entry and detainer, traverses in, to be entered on docket by. 465 347

filing papers in action, time of, to be indorsed by 669 439

guardian ad litem to be appointed by 38 35

index of judgments shall be kept by 392 298

transcripts shall be made by subs. 12, 737 479

injunction — order of, granted by, when 273 234

bond to be taken by, before issuing 279, 280 237

insufficient, liability of, for taking 280 237

judge or justice to act as clerk of his own court 702, 703 450

of county court may empower county clerk to act as clerk of

quarterly court 703 450

judgments to be cross-indexed by 392 298

entered according to verdict, when 384 295

direction of court, when 385 295

on order-book, &c, by. . ; 390 296

satisfaction of, to be entered on judment-book by 393 298

issue of execution on by, generally 401 301

after death of plaintiff. . . .402, 404 301, 302

against body of defendant 168 191

surviving defendant. . .405 302
misprision by : see Clerical Misprision.

money deposited in bank by court, to be paid on check of 307 244

oaths, power of to administer 67 1 439

pleadings, day of filing to be indorsed by 669 439

subpoenas to be issued by at request of party 5*29 394

summons to be issued and signed by 40 37

at any time, to any county 41 38

on holiday 664 437

Sunday 665 437

with copy for each defendant unless, &c 42 38

of petition, if required 56 43

when petition is filed 39 37

and not before 663 437

delivered to sheriff by 45 38

daily 46 38

directed to sheriff or, &c 667 438

return of, to be entered in full on docket by 670 439

supersedeas to be issued by subs. 2, 749 487

sureties, insufficient, to be refused by 673 440

for cost, judgment against may be on motion of 444 325



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790 INDEX TO CIVIL CODE.



faoe. CLERKS OF COURTS— Continued. sre.

survey, order of, may be made by, during vacation 671 439

transcript of record, preparation of by 737 477

CODE — amendment of proceedings to conform to 134 175

application of, to actions generally 16 7

pending at adoption of .837 497

to be commenced hereafter 838 497

does not affect equity jurisdiction to make partition, &c .subs. 16, 499 367

change mode of summoning jury, &c 316 251

general provisions of 663-669 437 -438

rules of construction of 732, 733 461, 464

takes effect January 1, 1877 838 497

COMMENCEMENT—

of action, what is 39 37

jury-trial, what is 590 411

COMMERCIAL INSTRUMENTS—
cao f presumption as to sufficiency of consideration of.
COMMISSION to take depositions: see Evidence, 3.
COMMISSIONERS—

affidavits may be made before 549 398

conveyance of real property by 394-400 298-300

division of land, &c, by 499 365

issuing of subpoena by 530 394

reference to, of actions to settle estates, by court 430 317

clerk in vacation 431 317

for assessment of damages, &c .' 379 293

of attachments to ascertain priorities, &c .235 217

COMMISSIONERS OF SINKING FUND— venue of actions against. . 68 50
COMMITTEE OF PERSON OF UNSOUND MIND—

actions by, generally 21 , 35 14, 33

for division of land 499 365

sale of real property 489-498 357-365

against 35 33

arbitration may be agreed to subs. 4, 451 333

defences by 36 34

traverse by not necessary 126 169

liability of for costs 37, 619 35, 423

may consent to taking depositions on interrogatories 572 405

notice to person under disability may be served on 627 425

may be served on attorney, when 632 425

pleadings by, need not be verified 1 16 162

settlements of accounts of, in county court 472 349

COMMON CARRIER: see Carrier.

COMMON INTEREST — action involving maybe brought or defended

by or against one or more for all 25 20

COMMON LAW ACTIONS: see Ordinary Actions.

COMMON ORDERS, action on 19, 26 II, 20

COMMONWEALTH—

civil proceedings in behalf of 450 330

may appeal without security in mandamus 478 354

verification of pleadings of, when not necessary subs. 6, 116 163

by whom made subs. 1, 117 163



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INDEX TO CIVIL CODE. Jgl

fact. COMMONWEALTH'S ATTORNEYS— sbc. 'age.

to sue for usurpation of county offices < 484 356

repeal of charter under direction of Attorney General. . . .481 355

COMMUNICATIONS are privileged, when subs. 1, 4, 606 417

COMMUNITY OF SHAKERS— service of summons on 55 42

COMPANY: see Corporations.
COMPETENCY OF WITNESSES ; see. Witness.
COMPROMISE: see Offer to Compromise.

COMPUTATION of days between acts 681 442

CONCEALMENT—

by defendant, of himself, authorizes warning order against him,

subs. 6, 57 43

attachment of his property . 194, 237 198, 218
property sued for authorizes general attachments,

subs. Ill, 194 199

against which attachment is ordered is

contempt 257 222

in action for delivery of possession is

contempt , 193 197

of minor witness is contempt 535 395

punishment of 538 395

CONCISENESS required in pleading 115 162

CONCLUDING PROVISIONS OF CODE 837, 838 497

CONCLUSIONS OF FACT—

when to be stated by judge, separate from conclusions of law 332 264

instead of evidence in full, to be stated in bill of exceptions 335 267

CONDITIONS PRECEDENT—
6$, 69 averment of performance or happening of.
*Z ' \ excuses for non-performance in ordinary action.
114 equity.

67 mode of suing in cases of.

Forms of petitions 508-512

70 CONDITIONS SUBSEQUENT— actions on contracts containing.

Forms of petitions, p. 513 ; of answers, pp. 640, 641 ; of replies, p. 672;

rejoinder * 673

CONFESSION—

judgment by 381-383 2 95

offer of, and effect of 640 427

priests not to testify concerning without consent subs. 4, 606 417

CONFESSION AND AVOIDANCE, plea of: see Admission.
CONFIRMATION OF SALE: see Sales under Judicial Order.
CONSENT—
473 appeals by. Note VII.

of trustee to sale of property of infant, &c .subs. 8, 494 364

CONSIDERATIONS OF CONTRACTS—

61 are, 1, executed; 2, executory; 3, concurrent; 4, continuing.
68 concurrent considerations.

Forms of petition on contracts containing 5°5~5°7

62 executed considerations.

Form of petition on contract containing 503

52 executory considerations.

Forms of petitions : see Conditions Precedent.



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79 2 INDEX TO CIVIL CODE.



page. CONSIDERATIONS OF CONTRACTS— Continued. »hc face.

70 continuing considerations.

good consideration, Form of petition averring- 533

moral consideration, Form of reply averring ' 67$

cio r valuable consideration, presumption of as to commercial instruments.



539/

g 2 g > written contracts.

«x> ( statement of in pleading, when necessary.

Forms of pleas impeaching, pp. 635-637 ; of replies 668, 669

CONSISTENCY IN PLEADING required 113 160

CONSTABLE — meaning of word subs. 16, 732 462

fine, &c, of, for erroneous return of summons 49 40

punishment of for failure to serve notice 633 425

process to, in forcible entry and detainer 454, 461 342, 345

from inferior courts 701 449

other courts 667 438

see Sheriffs.
CONSTRUCTION : see Rules.

CONSTRUCTIVE SERVICE of summons: see Summons, 2.
CONTEMPTS OF COURT—
327 according to the common law.

concealment of property, in action for specific delivery 193 197

attached 257 222

minor witness 535 395

disobedience of injunction 286 238

mandate of Court of Appeals 762 493

order to deposit money, &c, in court 304 244

pay maintenance /?*<&*/? lite 424 314

stay waste in forcible entry and detainer. .467 348

in action to enforce judgment 440, 443 324, 325

subpoena 535, 539 395. 39*

failure to answer interrogatories annexed to pleadings 151 187

make defence or report, by attorney for absent defendant,

subs. 5, 59 46
guardian, &c, for person under

disability subs. 3, 36 34

of defendant, or claimant, to disclose property 220 212

garnishees, to give information to officer or court. . . .205, 226 206, 214

obligor, to deliver attached property 232 217

officer, to serve notice 633 425

making erroneous return of summons by officer 49 40

CONTINGENT REMAINDER : see Remainder.
CONTINUANCE—

of action, affidavit for on account of absence of evidence 315 249

for failure to answer interrogatories in equitable actions. .142 185

ordinary actions . . 145 186

amendment of pleadings, when ground for 136 183

offer to compromise not ground for 636 427

as to one defendant, and judgment against another 370 288

in action on contract, as to some defendants, and judgment against

others 363 286

aliter as to action for Art .363 286



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INDEX TO CIVIL CODE. 793

pacb. CONTRACTS (see Implied Contracts), »*c. pack.

actions against persons jointly liable on 27 20

severally liable on 26 20

105 of tort for breach of.

on, for indemnity, before debt is due 237 218

attachment against non-resident, may be had in . . subs. 8, 194 199

consideration of: see Consideration, <5rV.
68, 69 dependent and independent.

filing of as exhibits 128 171

when foundation of action 120 165

genuineness of, when to be taken as admitted 527 393

234 injunctions against violation of.

joinder of causes of action on S^ t 1 13 55, 160

lost, action on 7 2

of purchase, fraudulent, authorizes specific attachment 250 220

JO statement of in pleading.

successive actions on 686 443

verification of pleadings in action on 1 16 162

533 written and unwritten, distinction between as to pleading.

CONTRACTOR FOR PUBLIC WORK— venue of action against 77 52

CONTRADICTION—

of witness, by party producing him 596 413

adverse party 597 413

how done 598 414

CONTRIBUTION : see Sureties.
CONTROVERSY—

claimant of property in, may intervene by petition, &c M 29 23

be interpleaded by defendant 30, 31 25, 26

deposit in court of property in 30, 303, 304 25, 244

submission of: see Agreed Case,
456 what constitutes amount in.

CONVERSION OF SPECIFIC PERSONAL PROPERTY TO DE-
FENDANT'S USE—
J£|\ I. Action of tort for.
80 2. Action on implied contract for.

Forms of petitions 550, 555

CONVEYANCE—

fraudulent, authorizes attachment 194, 237 198, 218

of land on confirmation of sale 394 298

CO-OBLIGORS: set Joint Debtors.

CO- PARCENERS embraced by words "joint tenants" sub. 28, 732 463

COPY OF ACCOUNT, when to be filed with pleadings 120 165

CORONER — to whom the word refers subs. 16, 732 462

process to, from inferior courts 701 449

other courts 667 438

see Sheriff.
CORPORATION—

chief officer or agent of, who is subs. ^ 732 463

foreign, attachment of property of, when allowed subs. 8, 194 199



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794 INDEX TO CIVIL CODE.

fagb. CORPORATION— Continued. sec. fact.

is person subs. 5, 732 462

notice to, how served 628 425

residence of, what is subs. 32, 732 463

security for costs to be given by, except State banks 616 422

summons of, actual, how served 51 40

constructive, when allowed 57 43

venue of action against 71, 72, 75 51, 52

verification of pleadings of subs. 2, 117 163

see Foreign Corporations.
CORRESPONDENCE BETWEEN ALLEGATIONS AND PROOF—

see Variance.
COSTS—

apportionment of, in action for division of land, &c subs. 13, 499 367

fees of attorney for absent defendant to be taxed as subs. 6, 59 46

guardian ad litem to be taxed as subs. 4, 38 36

in action for indemnity before debt is due subs. 1, 247 220

liability for, of attorney for non-resident plaintiff, &c 621 423

filing sham pleadings .subs. 8, 1 13 161

garnishees 223 213

guardian, next friend, &c subs. 2, 37 35

security for 619 423

of actions unnecessarily multiplied 687 443

amendments, generally subs. 5, 113 160

after demurrer sustained 94 119

copying immaterial part of record subs. 1 1, 737 479

irrelevant or redundant matter, in pleading 121 166

keeping property attached 219 211

deposited in court 305 244

in action for immediate delivery 190 197

process not executed — attachments 201 204

summons 41 38

sham pleadings subs. 8, 113 161

on agreed case 639 427

appeals from quarterly courts, &c 727, 728 459

extending time to plead 107 145

offer to compromise 634, 635 426

confess judgment 640 427

recovery by plaintiff of any part of land claimed by defend-
ant subs. 2, 125 168

transfer of plaintiff's right, pendente lite 20 14

resulting from failure to demur subs. 2, 93 118

security for, generally 29, 616, 621 {

see Sureties for Cost.

sureties for, liability of, on motion 444-49 325-28

CO-SURETIES—

action, by and against, to compel payment of money due 661, 662 436

not due . . 237, 247 218, 220

attachments in 237, 662 218, 436

motion, by and against, for money paid 444, 449 325, 328



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INDEX TO CIVIL CODE. 795



tAGB. SBC PAGB.

COUNTER-CLAIM—

defined subs. I, 96 133

allowed only in answer or reply subs. 3, 1 1 1 1 59

caption of answer or reply must mention subs. 4, 97 140

defendant demanding is a plaintiff subs. 3.6,- 732 - 464

disclosed by plaintiff, on examination, to be allowed absent defendant. 413 307

dismissal of action dues not prevent proceedings on 372 290

judgment on for excess, &c 387 296

need not be pleaded .• 17 8

plaintiff, against whom demanded, is a defendant subs. 36, 732 464

138 pleadings and practice concerning.

which may contain 1 1 1 159

proceedings on against new parties subs. 3, 97 140

plaintiff subs. 2, 97 140

in quarterly courts, justices' courts, &c 720 453

relief on, provisions concerning 97 140

COUNTIES in which actions must or may be brought : see Venue of Actions,

COUNTING days between acts, mode of 681 442

COUNTY IN WHICH DEFENDANT RESIDES—

effect of summons out of, in certain cases 79, 80, 82 53, 54

summons out of, prohibited in certain cases 81 54

COUNTY COURTS : see Courts, 6.

COURTS—

1. Generally.

to what the word refers subs. 12, 732 462

approval of commissioners' deeds by 398 300

attachments pending in different courts, removal of to one 210 207

contempt of: see Contempts.

funds in — attachment of 207 206

deposit of, in bank, generally 307 244

trial by : see Trial.

2. Court of Appeals —

judge of may reinstate attachment 270 226

dissolve or reinstate injunction 297 241b

jurisdiction of over judgments of circuit courts 513 378

for errors shown by

record 514 378

for errors which
may be correct-
ed in court be-
low 516, 763 378,494

.93 independently of statutes,

see Appeals.

3. Circuit Courts, generally—

what the words embrace subs. 14, 732 462

appeals to : see Appeals, 2.

transfer of actions from, to courts of similar jurisdiction 13 6

4. Circuit Courts in continuous session Appendix. 729

5. City Courts 7°°-73i 449-460



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