|
47. Amendments not allowed to any dila-
tory plea or plea of limitations.
48. Proceedings when amendment allowed
after jury sworn.
49. Costs, how allowed.
Arbitration and Award.
50. All cases instituted by consent of par-
ties thereto may be submitted for;
judgment upon award.
51. Award to lie in court four days before
judgment entered; setting aside.
52. Proceedings upon death of either of
parties.
53. Arbitrator dying or refusing to act,
court to appoint successor.
54. Proceedings if award not returned
within eight months.
55. Proceedings after award made.
Cases by Consent.
56. Parties may submit issues to jury, and
agree that upon their decision money
to be paid by one to other; amount,
how estimated.
57. Proceedings upon finding of jury.
58. Parties at any time before judgment
may submit questions of law for
opinion of court.
59. Parties may agree that upon decision
by court a sum of money is to be
paid; amount, how estimated.
60. " Next friend " or prochein ami may
compromise suit for infant; proviso.
Certiorari.
61. Bond given by party obtaining writ.
Continuance.
62. How long cause continued.
63. Because of absence of witness.
64. Affidavit for, to contain what.
65. Court may examine on oath party
making affidavit ; adverse party may
admit facts such witness would
prove, retaining right to contradict
said testimony.
66. When new trial granted, or commission
issued or judgment set aside.
67. When party to suit dies.
|
68. Suit involving title to lands where
party dies and infant is proper party
to be substituted, suit not to abate,
but guardian made party.
69. Infant entitled to lands by purchase
only bound to answer suit when heir
so bound.
70. In case where attendance of witness re-
siding within state cannot be had.
71. On a special verdict, or case stated,
court not to continue case more
than two terms.
72. If plats returned in any case are defec-
tive, or fail to be returned by acci-
dent, court may continue case.
73. Cost of; by whom paid.
74. Cases when new trial ordered by court
of appeals, proceedings may be
stayed until all costs paid.
75. During session of Legislature, cases
of attorney, member thereof, shall
be continued unless this section
waived.
Ejectment.
76. How begun; proceedings in.
77. Mortgagor may maintain, except as
against mortgagee.
78. Proceedings in cases between landlord
and tenant.
79. Where suit brought.
80. Defendants may sever; three sets of
plats to be returned.
81. Court to apportion costs where defen-
dants sever.
82. Plaintiffs may declare jointly.
83. One of joint plaintiffs may recover to
extent, of his title.
84. Patent not necessary to be proved;
proof of enclosure no longer neces-
sary.
85. Warrant of resurvey to be issued only
when there is dispute as to location.
86. Or where different parcels are claimed
under same title.
87. Party applying for, shall first locate
his claim.
88. How locations shall be made; pro-
ceedings. Trespass q. c. j.
89. Plats and certificates amendable; wit-
nesses may be examined who were
not sworn on survey.
|
