Изображения страниц
PDF
EPUB

Parties lefendant

to

tion involved therein. And in an action to determine the title or right of possession to real property which, at the time of the commencement of the action, is in the possession of a tenant, the landlord may be joined as a party defendant.

380. In an action brought by a person out of pos in an action session of real property to determine an adverse claim of an interest or estate therein, the person making such adverse claim and all persons in possession must be joined as defendants.

determine conflicting claims

to real property.

Parties
holding

title under
a common
source,
when
may join.

Parties

in interest,
when to
be joined.

381. Persons claiming an interest in lands under a common source of title may unite as plaintiffs in an action against any person claiming an adverse interest therein, for the purpose of determining such adverse claim, or of establishing such common source of title, or of declaring the same to be held in trust, or for removing a cloud thereon.

382. (§ 14.) Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general interest, of may sue or many persons, or when the parties are numerous, and it is impracticable to bring them all before the Court, one or more may sue or defend for the benefit of all.

When one

or more

defend for

Plaintiff

may sue in one action the differ

o commer

383. (§ 15.) Persons severally liable upon the same obligation or instrument, including the parties ont parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff.

cial paper.

384. All persons holding as tenants in common, joint tenants, or coparceners, or any number less than all, may jointly or severally commence or defend any civil action or proceeding for the enforcement or protection of the rights of such party.

[blocks in formation]

when not

a to abate marriage,

by death,

or other

disability.

385. (§ 16.) An action or proceeding does not Action, abate by the death, marriage, or other disability of party, or by the transfer of any interest therein, if the cause of action survive or continue. In case of the death, marriage, or other disability of a party, the Court, on motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer Proceedof interest, the action or proceeding may be continued such case. in the name of the original party, or the Court may allow the person to whom the transfer is made to be substituted in the action or proceeding.

ings in

person

may be

substituted

386. (§ 658.) A defendant against whom an action Another is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes

against him, and without any collusion with him, a demand upon the same contract, or for the same property, upon notice to such person and the adverse party, apply to the Court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in Court the amount claimed on the contract, or delivering the property, or its value, to such person as the Court may direct; and the Court may, in its discretion, make the order.

for the

defendant.

tion, when

387. ($ 659, 660, 661.) Any person may, before Interventhe trial, intervene in an action or proceeding, who it takes has an interest in the matter in litigation, in the suc- made. cess of either of the parties, or an interest against

and

or

Associates may be sued by name of

both. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant; and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the Court and served upon the parties to the action or proceeding, who may answer it as if it were an original complaint.

388. (§ 656.) When two or more persons, associated in any business, transact such business under a association. common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates; and the judg ment in the action shall bind the joint property of all the associates, in the same manner as if all had been named defendants and had been sued upon their joint liability.

Court,

when to

389. (§ 17.) The Court may determine any condecide con- troversy between parties before it, when it can be done without prejudice to the rights of others, or by saving brought in. their rights; but when a complete determination of

troversy or to order other parties to be

the controversy cannot be had without the presence of other parties, the Court must then order them to be brought in. And when, in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in the subject thereof, makes application to the Court to be made a party, it may order him to be brought in, by the proper amendment.

TITLE IV.

OF THE PLACE OF TRIAL OF CIVIL ACTIONS.

SECTION 392. Certain actions to be tried where the subject or some part thereof is situated.

393. Other actions, where the cause or some part thereof

arose.

394. Place of trial of actions against counties.

395. Other actions, according to the residence of the parties.
396. Action may be tried in any county, unless the defendant
demand a trial in the proper county.

397. Place of trial may be changed in certain cases.
398. When Judge is disqualified, cause to be transferred.
399. Papers to be transmitted. Costs, etc. Jurisdiction, etc.
400. Proceedings after judgment in certain cases transferred.

actions to

where the

392. (§ 18.) Actions for the following causes Certain must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the Court to change the place of trial, as provided in this Code:

1. For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property;

2. For the partition of real property;

3. For the foreclosure of a mortgage of real property.

Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action.

be tried subject or situated.

some part thereof is

actions,

cause or

393. (§ 19.) Actions for the following causes must Other be tried in the county where the cause, or some part where the thereof, arose, subject to the like power of the Court some part to change the place of trial:

1. For the recovery of a penalty or forfeiture imposed by statute; except, that when it is imposed for an offense committed on a lake, river, or other stream

thereof arose.

Place of trial of actions against counties.

Other
actions,
according
to the
residence of

of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed;

2. Against a public officer, or person especially appointed to execute his duties, for an act done by him in virtue of his office; or against a person who, by his command or in his aid, does anything touching the duties of such officer.

394. Actions against counties may be commenced and tried in any county in the Judicial District in which such county is situated, unless such actions are between counties, in which case they may be commenced and tried in any county not a party thereto.

395. (§ 20.) In all other cases the action must be tried in the county in which the defendants, or the parties. Some of them, reside at the commencement of the

Action may

be tried in

unless the

action; or, if none of the defendants reside in the State, or, if residing in this State, the county in which they reside is unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if the defendant is about. to depart from the State, such action may be tried in any county where either of the parties reside or service is had; subject, however, to the power of the Court to change the place of trial as provided in this Code.

396. If the county in which the action is comany county, menced is not the proper county for the trial thereof, defendant the action may, notwithstanding, be tried therein, trial in the unless the defendant, at the time he appears and

proper

a

county. answers or demurs, files an affidavit of merits, and demands, in writing, that the trial be had in the proper county.

397. (§ 21.) The Court may, on motion, change the place of trial in the following cases:

« ПредыдущаяПродолжить »