2434 INDEX.

PLEADINGS, PRACTICE AND PROCESS

AT LAW— Continued.

ART.

SEC.

PAGE.

When and how obtained for want of

evidence . . . ........

75

59

1664

What applicant for shall prove in

order to obtain

75

60

1665

Court may examine affidavit...

75

61

1665

How long when new trial granted; or

commission issued; or judgment

set aside . . . .

75

62

1665

How long judgment maybe continued

upon death of party. . . .

75

63

1666

Ejectment not to be suspended by rea-

son of death of party, leaving infant

heir. . . ...........

75

64

1666

When infant bound to answer suit

75

65

1666

When in case of absent witness resid-

ing in State. . .....

75

66

1666

How long on special verdict or case

stated

75

67

1667

When for defective plats or want of

plats ..... ....

75

68

1667

Payment of costs ... . ....

75

69

1667

Proceedings may be stayed until costs

are paid on new trial granted by

court below or court of appeals.

76

70

1657

EJECTMENT.

How to be begun; plaintiff; defend-

ant; declaration; proceedings

75

71

1667

Mortgagor may maintain, except

against mortgagee .... .....

75

72

1668

By landlord against tenant .......

75

73

1668

Suits where lands contiguous and in

adjoining counties ... ... ....

75

74

1670

Defendants may sever; but one set of

plats to be made.. .... . ...

75

75

1670

Costs to be apportioned on severance.

75

76

1670

Plaintiff may declare jointly

75

77

- 1670

Plaintiff may recover to extent of

title shown .... . ...

75

78

1670

A patent presumed when; actual en-

closure not necessary ....

75

79

1670

When warrant of resurvey to issue in.

75

80,81

1671

Party applying for warrant to make

his locations first . ... ....

75

82

1671

Locations of whole tract not neces-

sary; how locations shall be made

75

V

83

1672