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PART II.

OF CIVIL ACTIONS.

PART II.

OF CIVIL ACTIONS.

TITLE I.

OF THE FORM OF CIVIL ACTIONS.

SECTION 307. One form of civil action only.

308. Parties to actions, how designated.

309. Special issues not made by pleadings, how tried.

307. (§ 1.) There is in this State but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of private wrongs.

308. (§ 2.) In such action the party complaining is known as the plaintiff, and the adverse party as the defendant.

309. (§ 3.) A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial.

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TITLE II.

OF THE TIME OF COMMENCING CIVIL ACTIONS.

CHAPTER I. The time of commencing actions in general. II. The time of commencing actions for the recovery of real property.

III. The time of commencing actions other than for the recovery of real property.

IV. General provisions as to the time of commencing actions.

Com

mencement of civil actions.

CHAPTER I.

THE TIME OF COMMENCING ACTIONS IN GENERAL.

SECTION 312. Commencement of civil actions.

312. Civil actions can only be commenced within the periods prescribed in this Title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute.

CHAPTER II.

THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY
OF REAL PROPERTY.

SECTION 315. When the people will not sue.

316. When action cannot be brought by grantee from the

State.

317. When actions by the people or their grantees are to be

brought within five years.

318. Seizin within five years, when necessary in action for

real property.

319. Such seizin, when necessary in action or defense arising out of title to or rents of real property.

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