The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-02

copy Of the complaint n.ed be served on such
defendant, unless, within the time for answering, he
shall in writing, demand the same
SEQ ITO II . d-fsndant on whom such notice Ia
served unrsasonaby defend the action, he shall pay
Sc III In an action affecting the title 70 real pro-
perry the plaintiff at any time after the commencement
thereof may file with the clerk Of the county In which
the proper Ia stut-d notice OF the pend.ncy OF tue
action containing the Of the parties the on)'ct
thereby aud If the action be for the foreclosure of
mortgage the date of thu morg the parties ther TO-
aud the time and place Of recording the same snon
only eha the .ndeucy OF the aston be oousruc
tive notice 70 purchaser or inoumbrancer q the pro-
pc, ty sYsc led thereby
SO III The summons may be served bv the sheriff
Of the county where the DEFENDANT may be found or by
any other PR on, not party to the action The ssr
vics shall be made, and the summsns returned With
proof Of the Service the person waoss 's sub
scribsd thereto with all reasonable dtlign Toe per-
sub crbipg the summons may st his option, by an
endors, ms"t tho fl time for thu rvce
thereof and hs s.rvic- shall tnsu b- made accordingly
SO ll3 The summons shall Do served by delivering
l. II the suit b. against corporation, to the prs,i.
dent or other head Of the corporation secretary cash
Ter, or managing agent thereof:
. II sgaiust minor under the aga of fourteen years
to his father, mother, guardian or IL there DO none
control of such minor:
II sg.in.t person juiicisy declared to bs OF un-
in consequence. OF hsbual druoksnus.s and fer ~hom
aoommntee has been appointed. t. such committee;
4. la all other cases, to tue def nd ant personally
SEQ. ia When this person whom th- services 10 to
be made, cannot after duo found within the
State the plaintiff upon affidavit fths fact, may oo-
tam from jadSs OF the court or county judge, al Or
der that the service bs made BY the publication Of the
summons in two Newspapers which tbs judge may de-
sign te most likely give notice to the defendant
for Of time than thirty days
the judge ohAl deem reasonable 10 cAss capitalization
the Judge shall also direct copy Of the to be
forthwith deposited In the post Office directed to tn. de-
PENDANT At his place OF unless appear to the
that residence Is neither known the party
| 0DDC0tiOn.
gence be sscertanod by hun Personal servcs Of the
equivalent to publication and deposits In the pos oos
SEQ llS Where the action Is Against savsrst deen.
dants any one OF whom Is actually served with the
summoDs the plaintiff instead OF service OF tho sum-
mons actually or by pubioaton the Others, pro-
vded BY sectoas lla aud ia may proceed as follows
II lhs action be against several persous Jointly in
debted upon contract may proceed against tae de-
PENDANT served Ia the manner as at PRESENT and
direct:
2. In an action against defendants ssvsray liabls
he may amend bis complaint of course by striking out
the name Of the other defendants, and may proceed
| against tn defendants served
SEQ ii6 Ia tho cases mentioned in the two last
lions, the service of the summons shall be deemed I'M
at the Of the time prescribed BY tho Or
SEQ liz Proof Of tbs service OF the summons, aud Of
! same. shall bs ss foil vs..
fserved by the sheriff his certiasate thereof; or
,. If by Any 9th person h. all iavit thereof; or
in case of publication the aid .vit Of the printer
or his foreman, principal clerk sho wing the
and affidavit Of deposte Of copy OF the summons
In the post office If the Same shall have bsen deposited
4 The written admission OF the defendant:
In osse Of actual service, the certificate afdsvit
shall state the time and place Of the service.
TITLE vi.
| OF THE PLEiDiNGs IN CIVIL ACTIONS.
| CHAPTER I.
| THE COMPLAINT.
SEQ lle All the forms of psading heratorore existing
are aoolishsd and fsatsr, the form, of .ding
civil actions aud the rules by which the suo'ency OF
the pssdinss Is to be de'ermnsd shall be taoss which
are prescribed by this act
$50 49, Tho frss pleading on the part Of the plain
Sec. lao The complaint shall contain
l The title OF the cause, specifying the name OF the
court in which the action Is brought the OF the
county in which the plsn desires the teal to b. hai
.nc the names Of the parties to the scsoo psnR ane
statement Of tn. facts constituting tho cause OF
action ordinary ssd concise language without reps-
tition, and in su,h rs to enable p-rson OF
common understanding &c know what IL iotendsd
s relief 1 q
| demanded the amount thereof shall be stated
cHAPTgR II.
| pEMuRRER.
Ssc l2l. The ouly plea iirg on tbs part Of the de-
PENDANT is either demurrer answer. IL must be
served within twenty days after service Of the copy OF
$50 LA The defendant may demur to the complaint,
when it shall appear upon the face thereof either:
l. That the court has jurisdiction OF the person OF
the defendant, or tbs subject OF he action or
That tbs plaintiff has not legal capacity to sue; or
That there is another action pending between the
| came par ties, for he came cause or
That there is defect OF parties, plaintiff or de-
| fspdsnt; or
That several causes Of action have been improperly
That the complaint does not state fact; sufficient
to constitute . cause Of action
SEQ i3 The demurrer shall distinctly specify the
grounds OF obi con to the complaint Unless It do 40,
SEQ la4 After q demurrer, the plaintiff may amend
of course and without costs within twenty days Up
the decision OF the demurrer ths court may a.tio.
Qure it. allow tn. plaintiff to amend or The defendant
to withdraw his demurrer and to answer
Sec las Ifthe oomplsist DO amended copy thereof
must be served GA tue defsoisat Who must answer it
wtbia twenty days the plsiut'n fling with the
clerk til iavit OF tho aud Of the dfsud
omission, proceed to OBTAIN u ism.nt as PROVIDED
by section AVA but where application to the for
judgment is nsce-sary signt dsys' Lo;e thereof must
sec I2s Wnen any OF tbs matters unsrated in SEQ
ton l2l do not appear the face Of the complaint
| the objection may be- taken by answer
Sec l27 n no such objec,on be taken eth by d.
murrsr answer the deeDdsntshs BE- deemsd to have
waiv d ths same, excepting euy the otjsotioa TO the
the objection that the complaint soes not state facts
sufficient to constitute g ciuse OF action.
CHAPTER III.
| ANswER
Sec las. The Of the defendant shall contain:
In respect to each allegation Of tbs complaint con
trovered by tn. defendant specific denial thereof or
I OF any knowledge thereof suf lent form belief
| statement Of any new matter constituting de-
fence ordinary and concise language without repcti
top and 10 such to enable person OF CON-
| mon understanding to know what "a intended.
SEQ 2s Tns defendant RAY set forth in hi, answer
mSpy grOuuua OF ue1snoe n Ne 6nAH DeVo lhey snsh
be separately stated and may refer to the Of
action which they are inteaded to answer Ia any
manner by which they may be intsigiby d!stin-
guisbed
1870 II the set up matter, which Il not
replied provided Ia the next s~cton and the action
BE- tried on compint and ans.rr alons and jodsmsnt
be piven thereon for the plaintiff, the y per ait
thu defod snt to withdraw amend the answer upon
such terms as shall be just
CHAPTER w.
|
Sc. 1871 When the snail contain new matter,
ths uaiutiR within twenty reply TO IL, d-ny
ing part .riy each mon oontrov-rtsd by him
any knowledge thereof sufl ;ient 10 form bsisf and
he may aeys ia ordinary and conciss language with
out petit ioa aud In such manner a, TO enable per-
undertaking TO know what L. Intended
spy matter not Inconsistent with the complaint in
avoidance Of the answer.