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Civil and Criminal codes of practice of Kentucky online

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or dissolve injunctions 297 241b



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8i8



INDEX TO CIVIL CODE.



facb. JUDGES— Continued. sec fao*

3. Of Circuit Courts —

may appoint or change guardian ad litem subs. 2, 38 35

receivers 218, 298-301 j ^^

grant order of arrest in action for debt not due subs. I, 238 218

attachment in action for debt not due. subs. 2, 238 218

for specific property 249-51 220, 221

injunction - 273, 406, 467 { ^ ^

hear motion to dissolve or modify injunction 290, 291 239

discharge attachment, &c 268 225

vacate order of arrest, &c * 177 193

order joint property levied on to be retaken by officer .subs.4, 660 435

sale of attached perishable property, &c 218 211

permit committee, curator, &c, to sue in forma pauperis . subs. 2,37 35
take privy acknowledgment of answer of infant married

woman subs. 4, 493 362

4. Op County Courts —

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

act subs. 4, 703 450

issue writ and try inquisition of forcible entry and de-
tainer 454-409 342-348

shall make settlement of trust estates, &c 471, 472 349

JUDGMENT defined 368 288

against or for one or more 369 288

leaving action to proceed against others. 370 288

not allowed in actions for torts 363 286

one party to contract no bar to action against others. . . .27, 363 20, 286

part of the defendants summoned 363, 373 286, 290

bond for performance of, by defendant moving transfer to equity. . . 14 7

to obtain discharge of attachment . . .221, 258 212, 222

supersedeas 724, 748 454, 485

book of, to be kept by clerk and cross-indexed 392 298

satisfaction of judgments to be entered in 393 298

confession of 381-383 295

offer of. •. 640 427

conveyances under: see Commissioners,

dismissing action by, without prejudice 371 289

enforcing satisfaction of: see Enforcing, Gfc.

entry of by clerk 384, 385 295

on order book 390 296

382 errors in, judicial and clerical. Note (a).

executions on : see Executions.
466-69 finality of.

for damages allowed by statute 389 296

in action for recovery of specific personal property . . .388 296

on dissolution of injunction 295 240

in action to enforce lien 374-376 290, 291

• in favor of defendant 692 444

may be in rem and in personam 376 291

nisi not necessary 374 290



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INDEX TO CIVIL CODE. 819



»agb. JUDGMENT— Continued. wc. paot.

in action, effect of on attachment 260, 261 223

in agreed case 639 427

in personam not allowed against absent defendant 419 313

lost, action on generally 7 2

in inferior courts 719 452

motions for : see Motions, Summary Proceedings.

must specify clearly relief granted 390 296

notwithstanding verdict 386 295

on failure to plead 379, 380 293, 294

set-off or counter-claim 387 296

$3 petitions in actions on.

pleading of, mode of, authorized 122 166

power over, of court after term expires 518 380

in continuous session Appendix 729

premature, correction of 516, 517, 519 «37 79

injunction of 5*4 3$4

revivor of, against defendant's representatives 407 302

service of copy of on absent defendants 415, 416 307

set-off of, how made 377 2 9*

showing cause against by infants 391 297

vacating, &c, of 5»3-5*4 3**-3*4

void, &c, appeal not allowed from before motion to correct 763 494

Forms of. 707-7*5

Forms of petitions on 5S l -$*

JUDGMENT BOOK, duties of clerks concerning 392, 393 298

satisfaction of judgments to be entered on 393 298

JUDICIAL NOTICE: see Facts Judicially Noticed.
\ JUDICIAL OFFICERS, liability of, for wrongful orders, &c.

JURISDICTION OF COURTS, facts conferring need not be stated in

pleading judgment of " 122 166

objection to by special demurrer. 92 ' 1 16

answer 1 18 164

failure to make does not waive objection to jurisdiction

subject of action, but subjects party to costs 92 117

JUROR may be called as a witness , 603 415

JURY: see Trial, II, 3.

JUSTICES OF THE PEACE defined subs. 16, 732 462

affidavits, taking of, by .549 398

certifying of, by 551 398

arbitration of controversies before subs. 9, 451 338

bonds, return of, and motion on, before. . . .651-1, 651-2, 653, 654, 655 433, 434

clerks of their own courts 702, subs. 39, 732 450, 464

courts of: see Courts, 7.

depositions may be taken by 562 401

executions — provisions concerning the issue of, by 651 433

land can not be sold under 722 453

injunctions may be granted by two 273 234

of judgments of, for less than $25, forbidden .284 237

process, appointment by, of agents to serve 701 449

provisional remedies may be granted by two 689 443

«ee Judges, Forcible Entry and Detainer.



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820 INDEX TO CIVIL CODE.

paob. KNOWLEDGE— uc face.

J^ | averment of by plaintiff, when necessary.

denial of, which constitutes traverse subs. 7, 1 13 160

LAND: (see Injuries.)
™ \ action for.

Form of petitum, p. 553 ; of answers 651

description of, in 125 168

joinder of causes of 83 55

venue of 62 43

conveyance of, by commissioner : see Commissioners.
division of: see Dwision of Land, firv.

sale of, under execution from inferior court, forbidden 722 453

judgment of inferior court, how effected 723 453

for debt, in circuit courts generally 694, 696 m, 446

in continuous session Appendix 732

belonging to persons under disability : see Sates, 5.

LANDLORD, action against, by tenant for property distrained 33 27

action against, indorsement of levy sufficient taking of property to

sustain 33 27

attachment by, for rent 195 201

see Forcible Entry and Detainer.

LAW, issues of, to be tried by the court 312 246

presumptions of, not to be stated in pleading 119 165

LEADING QUESTIONS, when allowed in examining witness 595 412

LEAVING COUNTY OF RESIDENCE by party, after commence-
ment of action, effect of summons elsewhere 82 54

fraudulently, authorizes attachment 194 198

to defend action, party not liable to be summoned by plaintiff 81 54

witness leaving county of residence, to obey subpoena, cannot be sued. 542 396

147 J LEGAL CONCLUSIONS, insufficiency of averment of.
157 LEGAL FICTIONS, abolition of.

LEGATEE AND DISTRIBUTEE, action by or against, to settle dece-
dent's estates 428 316

action by or against, venue of 65 49a

522-23 for distribution, &c, venue of 66 49b

liable to direct action by creditor 434 318

refunding bond may be required of 435 319

LIBEL OR SLANDER—
" I action for.
655 defences in.

defendant may plead truth and mitigating circumstances. 124 166

extrinsic facts need not be stated in 123 166

smallness of damages assessed in, not ground for new trial. 341 280

venue of action for 74 51

Forms of petitions* p. 563-66 ; of answers 655, 656

LIBERUM TENEMENTUM—

00?} P leaof -

LIEN, attachment allowed in action to enforce 249 220

§*£ I attachment unnecessary to create, on property of debtors, when.

created on defendant's property, in action to enforce judgment 442 324

property of defendant constructively summoned 418 309

enforcement of, for debts maturing pendente lite 135 183



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INDEX TO CIVIL CODE. 821

pace. LIEN — Continued. s*c. page.

enforcement of, for debts due defendant 692 444

713-714 judgment for may be without time, &c. 374 290

in action for, personal judgment may be rendered. .376 291

of attachments 212 208

execution on interest in joint property subs. 3, 660 435

on real property sold under judgment, retention and release of 699 448

preservation of to modified judgment 521 384

receiver may be appointed in action to enforce 298, 299 241b, 242

sales for satisfaction of 694 444

when debts secured by are owned by differ-
ent parties subs. 3, 694 445

Forms of petitions, p. 575, 576 ; of judgments 712, 714

LIFE ESTATE, action by owner for sale of reversion or remainder. . .491 359

action by owner and remaindermen for partition. Act 1886, ante , . . 368

LIMITATION of action by creditor against legatee, &c 434 318

$ of action for seduction.

appeals from inferior courts 729 460

to Court of Appeals 745 483

application for new trial 342, 344 281, 283

by defendant constructively summoned < J j i 307

inquisitions of forcible entry and detainer 469 348

issue of execution 401 301

revivor of actions 508 377

2 set-offs.

2 distinction between promise to pay, and acknowledgment of, debt

barred and debt not barred by.
2 plea of, in actions for torts.

? on contracts.

1 replies to, when proper.

Forms of pleas of p. 646, 647 ; of replies, <SrV 674-677

I LIQUIDATED DAMAGES.

LIS PENDENS, debt maturing during, provision concerning. . . .135, 694 183, 445

ground for special demurrer 92 116

may be relied on in answer, &c 118 164

waiver of objection concerning 92, 118 117, 164

how created (Act March 17, 1896) 737

LITIGATION, claimant of property in may intervene 29 23

claimant of property in may be interpleaded 30, 31 25, 26

substituted for officer sued 31 26

deposits in court of subject of 223, 225, 303 < ZA

LOAN of money by court 308 245

LOCAL ACTIONS: see Venue of Actions.

LOST BAGGAGE, testimony of husband and wife concerning. subs. I, 606 417

LOST JUDGMENTS: see Judgments.

LOST WRITING, &c, action on, may be ordinary or equitable 7 2

LUNATICS: see Persons of Unsound Mind.

MAINTENANCE of wife, pending action for divorce 424 314

MAJORITY of persons authorized may act 679 441

- MALICE, allegation of.

• MALICIOUS PROSECUTIONS: see Wrongful Prosecutions.



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822 INDEX TO CIVIL CODE.



fagb. MANDAMUS AND PROHIBITION— «c. mm.

mandamus defined 477 353

prohibition defined 479 354

writs of, how obtained and prosecuted 474 351

courts to decide all questions in, and order final 475 353

may make preventive orders in 476 353

appeals from judgments affecting Commonwealth 478 354

MANDATES OF COURT OF APPEALS—
380 entry of in court below before petition for new trial. Note (a)

when to issue 760 492

proceedings on, in courts below 761 492

enforcement of by Court of Appeals 762 493

MARK of person who cannot write, sufficient signature, &c. .subs. 7, 732 462
MARRIAGE of female party, husband may be joined with her on mo-
tion subs. 5, 34 28

68 promise of, action on.

MARRIED WOMEN : (see Divorce, Husband.)

33 I actions by and against generally 34 27

for alimony or divorce : see Alimony or Divorce.

venue of 76 52

dower or divison of land 499 365

sale of real property of, if an infant or of unsound

mind 489-498 357-3*5

defence by, of action against husband 34 28

depositions, for or against, taking on interrogatories with husband's

consent 572 405

disability of, removed generally. .J35, p. 33; $36, p. 34; J 59, subs.
7, p. 46; i 117, subs. 3, p. 163; i 126, p. 169; {391, p. 297;
8415, p. 307; \ 517, p. 397; § 573, subs. 2, p. 405; \ 574, p.
406; $ 606, subs. 7, p. 417; g 627, p. 425; { 743, subs. I, p. 482;
$ 745, p. 483; § 756, subs. 2, p. 489; i 757, subs. 5, p. 490.

dower, sale of contingent right to 495 364

602 necessaries, action on contract for.

Form of petition 602

next friend, not to sue as 37 35

notice to, service of on husband 629 425

summons of, service on, if of unsound mind 53 42

out of the State 56 43

husband, service of on wife 53 42

testimony of, when competent 606 417

Form of petition against, on ante-nuptial contract 519

MASCULINE GENDER defined subs. 3, 732 462

MASTER COMMISSIONER may take affidavit subs. 1, 549 398

see Commissioner.

MATERIAL ALLEGATION defined 127 171

when taken as true, unless traversed 126 169

MATERIAL ISSUE must be formed by pleadings 114 162

MATERIAL VARIANCE defined 129 *7*

amendments to cure IS9 172

MATTER irrelevant or redundant, to be.stricken from pleadings 121 166

MATURITY, arrest or attachment for debt before 237-248 aiS-220

MAYOR'S COURTS: see Courts, 8.



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INDEX TO CIVIL CODE.



823



232



291



117



683



. MEASURE OF DAMAGES : see Damages. «c. pagb.

MESNE PROFITS, action for not barred by forcible entry and detainer. 468 348

MINISTER,not to testify concerning confessions without consent. subs. 4, 606 417
MINISTERIAL OFFICER: (see Officers),

may act by lawful deputy 678 441

MINOR: see Infant.

MISCELLANEOUS PROCEEDINGS authorized by Code 616-21 422-23

MISCELLANEOUS PROVISIONS OF CODE 678-99 441-48

MISCONDUCT of jury, prevailing party, or attorney, ground for new

trial subs. 2, 340 271

MISFORTUNE, unavoidable, ground for new trial subs. 7, 518 380

MISJOINDER of causes of action, provision as to correcting 85 57

of causes of action, waiver of objection for . # 86 57

MISNOMER, correction of 134 175

MISPRISION : see Clerical Misprision.

MISTAKES, correction of, &c 129-139 172-84

MITIGATING CIRCUMSTANCES and truth, may be pleaded in libel

or slander 124 166

MONEY, action for, includes action for damages subs. 8, 732 462

deposit of by defendants, in lieu of bail 159 189

in court by trustee, &c, may be required 303 244

bank by court 307 244

enforcement of surrender of, in action to enforce judgment 443 325

may be confided by court to sheriff 306 244

lent by court, on consent, &c 308 245

garnishee may pay to sheriff or into court 223 213

in court, attachment of 207 206

MONTH means calendar month subs. 25, 732 463

MORTGAGE,- foreclosure of forbidden 375 291

in actions to enforce — appointment of receiver 299 242

attachment may be granted 249 220

judgment in rem and in personam 376 291

sale may be ordered without giving time . . . .374 290
when sale not ordered unless entire debt

due subs. 3, 694 445

injunctions in cases of.

of land by order of court. Act of 1882 360

right of mortgagee to rents, &c.

Form of petition, p. 575, 576 ; of judgments 712-14

MOTIONS, defined 623 424

available instead of demurrer, when.

docket of, to be kept by clerk 347 284

calling of 356 285

entries on .352 284

must show date and object of 355 285

names of parties and attorneys . . . .353 285

entry on is motion 362 286

for additional surety on bail bond 165 190

injunction-bond 288 238

judgments, &c 444 325

forthcoming of attached property 232, 258 217, 222

new trial 34Q-44 271-83



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824 INDEX TO CIVIL CODE.



page. MOTIONS — Continued. «c. pace.

for surety for costs 620 423

on bond to suspend execution or distress- warrant 648, 651, 652 432, 435

tenant's bond to discharge levy of distress- warrant 654 434

to affirm judgment as delay-case 759 491

appoint guardian ad litem subs. 2, 38 35

correct error, when necessary before appeal 516, 763 378, 494

to discharge attachment. ...265 224

bond to suspend execution-sale 650-52 433

dismiss appeal 757 490

dissolve or modify injunction 289-94 239, 240

only one, on whole case, allowed. .294 240

set-off one judgment against another 377 292

vacate order of arrest or reduce bail 177 193

affidavit on trial of 178 193

Forms of notices 683-91

MOTIVE OR INTENTION—
\Ja\ pleadings concerning.

MULTIPLICATION OF ACTIONS—



76 1
127
148
5*4



costs incurred by unnecessary 687 443

MULTIPLICITY OF MATTER, pleadings concerning.
MUNICIPAL CORPORATION—
233 injunctions against trespasses, &c, by.

service of summons against subs. 2, 51 40

MUSTER, service of process on person attending 666 438

MUTILATED WRITING, action on 7 2

NAMES OF PARTIES, action for discovery of 685 443

correction of mistake concerning 134 175

provisions concerning unknown defendants 691 443

statement of, in caption of pleadings no 158

"*| NEGLIGENCE, pleadings, &c, concerning.

Forms of petitions averring 549* S^°

NE EXEAT, writ of, abolished 688 443

NEGOTIABLE PAPER, actions against parties to 26 20

\aa\ provision as to assignment of chose in action does not apply to 19 11

682 I NEW ASSIGNMENTS.

"*3 J NEW MATTER, party may testify concerning new matter stated in

answer to interrogatories 608, 609 420

NEW PARTIES may be required by court 28 21

NEW TRIAL defined 34© 271

271-80 [grounds for 34© 271

) application for, by motion 343 282

when to be made 342 281

petition, when and how made 344 ^3

defendant constructively summoned 414, 415 3°7

decree of divorce not affected by 344 &3

not granted for smallness of damages, &c 341 280

more than twice, in any case, because verdict not sus-
tained by evidence. 341 280

provisions concerning, in inferior courts 714 45*



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INDEX TO CIVIL CODE. 825



PAGE. SBC. PAGB.

NEXT FRIEND, actions by 35 33

affidavit of, for warning order 58 44

costs of action, liability of, for 37 35

when required to give security for 619 423

qualifications of, and affidavit concerning 37 35

service of notice on 627 425

attorney for 632 425

verification of pleadings by subs. 3, 117 164

713 NISI JUDGMENT allowed, but not required.

NO CONSIDERATION: see Considerations of Contracts.
NON COMPOS MENTIS: see Persons of Unsound Mind.
NON EST FACTUM—
121 general plea of.

128 special pleas of.

Forms of. 623, 639

NON-JOINDER OF PARTIES subs. 4, 92 117

NON-RESIDENTS—

see Defendants Constructively Summoned, and Sureties for Costs.
NO PROPERTY FOUND—

return of authorizes action to enforce satisfaction of judgment 439 323

597 not necessary to create lien.

NOTARY PUBLIC—

affidavits may be made before subs. I, 549 398

depositions may be taken before 562 401

537 \ duties of as to protests, &c.
5 NOTE : see Promissory Note.

NOT FOUND, return of, as to person arrested, necessary to fix liabil-
ity of bail 171 192

NOTICE—
2?^ \ character and contents of, generally .446, 624 328, 424

£* 1 of acceptance of offer, generally.

to compromise 634 426

application for injunction 275, 276 235

dispenses with service of order 282 237

filing interrogatories 142, 144 185, 186

pleadings 106, 108, 109 145

inquisition of forcible entry and detainer 455 343

motion for additional security on attachment-bond 236 217

injunction-bond 288 238

judgment against attorney, officer, or surety 445 328

to discharge attachment 268 225

dissolve injunction 290 239

sell attached property 218 211

vacate order of arrest 177 193

objections to sufficiency of bail 165 190

taking oath of insolvency 158, 168 189, 191

sales by order of courts, generally 696 446

to attorneys , . . .631 425

creditors, in actions to settle decedents' estates 430, 431 317

trust-estates 438 321



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826 INDEX TO CIVIL CODE.

fagb. NOTICE— Continued. «c * nm.
72, 509 defendants of an event, &c.

take depositions : (see Evidence, 3. )

service of, by whom made, generally 624 424

may be directed by court, when 626 424

mode of, generally 624, 625 424

on agents 625 424

attorneys 625, 631 424, 425

corporations 628 425

husband and wife 629 425

parties generally, of motions and proceedings in

court, &c 631 4*$

persons constructively summoned 630 425

under disability 627 42$

Forms of, 683-691

NUISANCES—
99 actions for.

230 injunctions against.

Forms of petitions 569-71

NUMBER defined subs. 4, 732 462

NUMEROUS PARTIES— ,

when part may sue or defend for all '. 25 20

notice to, service of. 626 424

court may require depositions against to be taken on inter-
rogatories subs. 3, 573 4°6

OATH—

affirmation may be substituted for 680 44*

included by word subs. 23, 732 463

of insolvency, taken by arrested debtor, upon reasonable notice,

&c 158, 168 189, 19"

may be administered by arbitrator sabs. 7, 451 334

clerk of court 671 439

judge, &c 549 39*

ministerial officers to bail or surety. . . 164, 683 190, 44 s
OFFER TO COMPROMISE—

effect of acceptance or refusal of 634, 635 4*6

not cause for postponement 636 4*7

OFFER TO CONFESS JUDGMENT—

for part of demand, effect of 640 4*7

OFFICE, usurpation of: see Repealing or Vacating Charters^ &v.
OFFICER—

duty of, as to property attached in his possession 204 206

evidence of, how taken 554-556 4 00

judgment or determination of, how pleaded 122 i#

may appoint person to serve summons subs. 2, 47 39

surrender property levied on into court in action by claimant. . 31 **
and have plaintiff in writ substituted as

defendant 32 *7

ministerial, may act by deputy 678 44 1

administer oath to bail or surety 164, 683 19* 44*

motion against for money collected, &c: see Summary Proceedings.
88, 131 plea of justification under legal process.



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INDEX TO CIVIL CODE. 827



»ag*. OFFICER— Continued. s«c. pacb.

return of, how amended, &c 49 40

venue of action against subs. 2 and 3, 63 49a

who may execute process 47, 667 39, 438

OFF-SET : see Set-off.

ONUS PROBANDI : see Evidence, 5.

OPINIONS of Court of Appeals to be in writing, in all cases 765 496

ORAL EXAMINATION of witness defined (see Examination) 546 397

ORAL TESTIMONY : see Evidence, 4.

ORDER-BOOK, entry of judgments on 390 296

ORDERS defined 622 424

common, action on 26 20

final, concerning appointment of receiver 298 241b

attachments 266, 267 224

mandamus and prohibition 475 353

for provisional remedy, when inferior court to dispose of 721 453

of delivery of personal property 181 194

breaking doors, &c, to execute. . . .675 440

reference to commissioner, by clerk, during vacation 431 317

survey, by clerk, in vacation 671 439

warning : see Summons, 2.

to prevent damage pending motion for mandamus or prohibition . . .476 353
ORDER OF TRIAL : see Trial.
ORDINARY ACTION—

answer in, time of filing, generally 102 145

in circuit courts in continuous session 731

dismissal of, as to defendants not summoned, to obtain trial 363 286

distinction between ordinary and equitable 6 2

docket of: see Dockets.

equitable defence to must be pleaded 17 8

error as to form does not abate 8 4

how corrected subs. 2 and 3, 10 4

waiver of 15 7

exhibits in, when a part of record subs. 1 and 3, 128 171

on which action is founded, must be filed or accounted for. 120 165

for division of land, &c 499 365

does not affect equity jurisdiction, .subs, 16, 499 367
interrogatories in : see Interrogatories to Parties.

issue of law in may be heard on first call of docket 359 285

judgment in can not be annulled or modified in equity, except, &c. . 17 8

does not bar set-off or counter-claim 17 8

on failure to defend 359 285

on lost writing 7 2

to vacate charters or prevent usurpation of office 480-88 355-57

time of filing pleadings in: see Time of Pleading.

transfer of: see Transfer.

trial of: see Trial.

venue oil see Venue of Actions.

OTHER COUNTRY defined subs. 21, 732 463

PAPERS—

filing of, time of, to be indorsed by clerk 669 439

with pleadings when necessary 120 165



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828 INDEX TO CIVIL CODE.



pace. PAPERS— Continued. sac tuaL

filing of, with pleadings when permitted 128 171

genuineness of, when regarded as admitted 527 393

lost, action on 7 t

original, to be transmitted from inferior courts, &c, on appeal 725 457

transmission of, to Court of Appeals subs. 2, 743 4S2

PARAGRAPHS—

pleadings to be in separate, numbered, paragraphs, when. .subs. 3, 113 160

PARTIAL DEFENCE allowed subs. 2, 113 160

PARTIES, defined subs. 35, 732 4*4

action for discovery of name of. 685 443

caption of pleading to state names of no 15S

creditors, by filing claim with commissioner, become 432 318

having common or general interest, how to sue or defend 25 20

judgment for or against one or more of 363, 369, 370, 373 1 jqq

numerous, action by or against part for all 25 20

notice to part for all, by order of court 626 4*4

court may require depositions against to be taken on in-
terrogatories subs. 3, 573 &

real in interest, must bring action, generally 18 9

testimony of, when allowed for themselves 605, 606 416,417

required against themselves subs. 8, 606 4*8

PARTITION—

joinder of causes of action for subs. 4, 83 55

jurisdiction of equity concerning, not affected by Code. . .subs. 16, 499 3*7

of land on petition of life-tenant and remaindermen. Act, 1886, ante, fo

venue of action for 62, 66 48, 49©

PARTNERSHIP—

Form of action to dissolve and settle . . . , 605

PARTNERSHIP PROPERTY: see Joint Property.
PAUPER : see In Forma Pauperis.
PAYMENT—

of money by garnishee, into court or to sheriff 223 **3

or property into court by plaintiff or defendant seeking
relief.



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