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Parties not summoned in action on joint contract may be summoned after judgment.

Summons

in that

SECTION 991. Affidavit to accompany summons.
992. Answer, when filed and what it may contain.
993. What constitute the pleadings in the case.
994. Issues, how tried. Verdict, what to be.

989. (§ 368.) When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Section 414, those who were not originally served with the summons, and did not appear to the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.

990. ($369.) The summons, as provided in the case, what last section, must describe the judgment, and require the person summoned to show cause why he should

to contain

and how served.

Affidavit to

accompany summons.

Answor, when filed and what it may contain.

What

constitute

ings in the

not be bound by it, and must be served in the same manner, and returnable within the same time, as the original summons. It is not necessary to file a new complaint.

991. (§ 370.) The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon.

992. (§ 371.) Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, except a discharge from such liability by the Statute of Limitations.

993. (§ 372.) If the defendant, in his answer, the plead deny the judgment, or set up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written

caso.

allegations in the case; if he deny his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constitute such written allegations.

tried.

994. (§ 373.) The issues formed may be tried as Issues, how in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found against him, it must be for not exceeding the amount remain- Verdict,, ing unsatisfied on such original judgment, with interest thereon.

what to be.

CHAPTER II.

OFFER OF THE DEFENDANT TO COMPROMISE.

SECTION 997. Proceedings on offer of the defendant to compromise after suit brought.

Proceedoffer of the

ings on

defendant

to com

promise after suit

997. (§ 390.) The defendant may, at any time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against him for the sum or property, or to the effect therein specified. brought. If the plaintiff accept the offer, and give notice thereof within five days, he may file the summons, complaint, and offer, with an affidavit of notice of acceptance, and the Clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs from the time of the offer.

A party may demand inspection and copy

paper, etc.

CHAPTER III.

INSPECTION OF WRITINGS.

SECTION 1000. A party may demand inspection and copy of a book,

paper, etc.

1000. (§ 446.) Any Court in which an action is pending, or a Judge thereof, or a County Judge, may,

of a book, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any book, document, or paper in his possession, or under his control, containing evidence relating to the merits of the action or the defense therein. If compliance with the order be refused, the Court may exclude the book, document, or paper from being given in evidence; or, if wanted as evidence by the party applying, may direct the jury to presume it to be such as he alleges it to be; and the Court may also punish the party refusing, for a contempt. This section is not to be construed to prevent a party from compelling another to produce books, papers, or documents when he is examined as a witness.

Order and motion

defined.

CHAPTER IV.

MOTIONS AND ORDERS.

SECTION 1003. Order and motion defined.

1004. Motions and orders, where made.

1005. Notice of motion, at what time to be given.
1006. Transfer of motions and orders to show cause.
1007. Order for payment of money, how enforced.

1003. (§ 515.) Every direction of a Court or Judge, made or entered in writing, and not included in a judgment, is denominated an order. An applica tion for an order is a motion.

and orders,

made.

1004. (§ 516.) Motions must be made in the Motions county in which the action is pending, or in an adjoin- where ing county in the same judicial district. Orders made out of Court may be made by the Judge of the Court in any part of the State.

1005. (§ 517.) When a written notice of a motion is necessary, it must be given, if the Court is held in the same district with both parties, five days before the time appointed for the hearing; otherwise, ten days. When the notice is served by mail, the number of days before the hearing must be increased one day for every twenty-five miles of distance between the place of deposit and the place of service; such increase, however, not to exceed in all ninety days; but the Court, or Judge, or County Judge, may prescribe a shorter time.

1006. (§ 518.) When a notice of motion is given, or an order to show cause is made returnable before a Judge out of Court, and at the time fixed for the motion, or on the return day of the order, the Judge is unable to hear the parties, the matter may be transferred by his order to some other Judge, before whom it might originally have been brought.

1007. Whenever an order for the payment of a sum of money is made by a Court, pursuant to the provisions of this Code, it may be enforced by execution in the same manner as if it were a judgment.

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Notices

and papers.

CHAPTER V.

NOTICES, AND FILING AND SERVICE OF PAPERS.

SECTION 1010. Notices and papers, how served.

1010.

1011. When and how served.

1012. Service by mail, when.

1013. Service by mail, how.

1014. Appearance. Notices after appearance.

1015. Service on non-residents. Where a party has an attorney, service shall be on such attorney.

1016. Preceding provisions not to apply to proceeding to bring party into contempt.

1017. Service by telegraph.

(§ 519.) Notices must be in writing, and how served. notices and other papers may be served upon the party or attorney in the manner prescribed in this Chapter, when not otherwise provided by this Code.

When and how served.

1011. (§ 520.) The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:

1. If upon an attorney, it may be made during his absence from his office, by leaving the notice or other papers with his clerk therein, or with a person having charge thereof; or when there is no person in the office, by leaving them, between the hours of eight in the morning and six in the afternoon, in a conspicuous place in the office; or if it be not open so as to admit of such service, then by leaving them at the attorney's residence, with some person of suitable age and discretion; and if his residence be not known, then by putting the same, inclosed in an envelop, into the Post Office, directed to such attorney;

2. If upon a party, it may be made by leaving the notice or other paper at his residence, between the hours of eight in the morning and six in the evening, with some person of suitable age and discretion; and if his residence be not known, by putting the same,

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