ART. 75.] PLEADINGS, PRACTICE AND PROCESS. 539
94. In cases of writs of scire facias against heirs and terre
tenants, where any of the heirs of terre tenants reside in an-
other county than that in which the judgment on which such
scire facias is issued was obtained, duplicates of such writ may
issue directed to the sheriff of each county wherein any of the
heirs or terre tenants reside, and shall be served by the sheriff
and returned to the court from which they issued, and the party
so summoned by means of such duplicates shall be proceeded
against in the same manner as if they were residents of the
county in which the judgment was obtained.
95. In all cases where a joint action is instituted against heirs
and devisees, and any of such heirs or devisees shall be residents
of another county, a duplicate writ may issue to the county
where any of said heirs or devisees reside, directed to the
sheriff thereof, who shall servo and return the same to the court
from which it issued, and the same proceedings shall be had as
if such heirs or devisees resided in the county where the suit
was brought; Provided, all such actions shall be instituted in the
county in which the deceased died, if any of his heirs reside
there, and if not, in the county in which his real estate or some
part thereof is situated.
96. An execution or attachment may issue on any judgment
or decree to the sheriff of any other county, if an execution or
attachment has been issued to the sheriff of the county where
the judgment or decree was obtained and returned "nulla bona,"
or if a defendant in a judgment shall remove from the county
in which the judgment was rendered to any other county, an
execution may issue from the court in which the judgment was
rendered to the sheriff of the county in which the defendant
shall reside, and such execution or attachment shall be made
returnable to the Circuit Court of the county to which it is sent,
and the court to which the same is returned shall upon the pro-
duction of a short copy of the judgment, proceed in the same
manner by renewal or otherwise as if the said execution or
attachment had been issued by such court on a judgment or de-
cree therein.
97. A summons for witnesses residing in a different county to
testify in trials to be had before the Circuit Court, may issue,
a.nd shall be directed to the sheriff of the county where the
witnesses reside, and all witnesses upon whom such summons
shall be served shall be liable to attachment and fine in like
|
|