The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17


, acknowledgement or promise but such acknowl.
edgment or promise must be in writing, signed
by the party to be charged thereby
TITLE Ill.
Parties to Civil Actions.
Sec %. Every action must be prosecuted in
the name Of ;hc real party in interest, except as
otherwise provided in section twenty seven.
Z Sec. 26. In the uf an assignment of a
thing in action the action by the assingce shall
be without pre- udice to any setoH or other
defence now Allowed: but this section shall not
apply to negotiable bonds, promissory notes, or
bills of exchange, transferred in good faith and
I upon good consideration, before due.
h Sec 81. An executor, administrator, guar.
dian, trustee OF an express trust, n person wth |
HON, or in whose name, contract is made for
n the benefit OF another, or person expressly |
authorised by statute, may brig action |
. without joining with him the person for whose
. benefit il is prosecuted. Officers may sue and
be sued in such name as is authorised by law, |
( and Official bonds may be sued upon in the same
way
n Sec. %. Where married woman is party,
!. her husband must be joined with her; except
c when the action concerns her separate property
she may sue without her husband, by her next
friend.
When the action is between her self and her
husband, she may or be sued alone; but in
every sIch action other than for divorce or
alimony, she shall prosecute and defend by her
II ueXt friend.
Sec. 80. 1fa husband ard wife be sued TO.
y gether, the wife may defend for her own right;
and Il the husband neglect to defend, she may
defend for his right also.
Soc. 80. The action of an infant must be
brought by his guardian or next friend When
the action is brought by his next friend, the
,s court has power to dismiss it, f IL is not for the
II benefit OF the infant, to substitute the guar
Is dian OF the inta MT, or any person, as the next
s. friend.
b. Sec 81. The guardian or next friend is liable
for the costs Of the action brought by him, und,
t. when lie is insulvcnt, the court may require
in security for them. Either may be u witness in
L. an action brought by him.
ii. Sec. g. The defence of an infant must be bv II
h, guardian for the suit, who may be upponte d
nc by tho court, in which the action is prosecuted,
to or by Judge thereof, or by probate Judge.
g. The appointment cannot be made until after
d. service of the summons n the action, us directed
he in this code.
"a See. 80. The appointment may be made
ch upon the application Of the infant If he be Of the
nd age OF fourteen years, and apply within twenty
days after the return of the summons lf he be
ed under the age OF four,cCn neglect so to apply
er the appointment may be made upon the upplica.
re, ton oinny friend of the niaut, that of the
ri. plaintiff in the action.
cd Sec. 81. All persons having un interest in
the subject Of the action and IN obtaining the
relief demanded, may be Joined as plaintiffs,
except as otherwise provided in this title.
See. 3J. Any person may be made defend
he ant, who has claims an interest in tho con.
,c troyersy, adverse TO the plaintiff, who is n
y. necessary purity to a complete determination or
all settlement of the question involved therein.
Sec 36. or the parties to tho action, those
cc who Hre united in interest must be Joined, as
". plaintiffs deicrdsnts; but If the consent OF
"a. one who should have been joined plaintiff,
st cannot bc obtained, he may be nude defendant,
v the reason being stated in the petition.
Il. Sec. 81. When the question is one Of II
n. common or general interest of many persons; or
ht when the parties are very numerous, und it ma v
.h bo imPracticablc 10 bring them all before the
is court, one or more may sue or defend for the
benefit of all.
& Sec. 80. Persons scvcray liable upon the
al same obligation or instrument, including the
r. parties TO bills of exchange aud promissory
G. notes may, all or any of them, he included in
tho same action nt the option oC tho riai"oT,
See. 80. An action does not ubatc by the
death, marriage, or other disability of party,
al or by the transfer of any interest therein,
during its pcndency, il the cause OF action
"a. survive or continue In Of the marriage OF
h. II female party the fact being suggested on the
oi record, the husband may be made party with
his wife; aud in the case of the death or other
disability % party, the cont muy allow the
!, action To continue by Cr against his representa-
~ tive or successor in interest IN case of any
other transfer of interest, the action may be con.
- linucd in tho namo Of the original party or the
court may allow the person tn whom the transfer
10 is made, to be substituted in the action
Sec. ~. Tho court may determine any
controversy between parties before il, when il n
be done without prejudice to the rights OF
,o others, or by saving their rights; but when II
Ls determination of the controversy cannot be had
" without the presence of other parties, the court
hc must order them To be brought in.
n See. IL. When, in teton for the recovery
real or personal property, any person having an
A. interest in the property, applies to be made Il
hc party, the court may order il to be done.
ol See. AZ. Upon affidavit off defendant before
answer, IN any action upon contract, or for the
recovery of personal property, that some third
- party without colluson with him, has Or
!, max clam to tho sub Get OF the action, and
r. shat he is ready To pay or dispose of the same,
g. AS the court may direct, the court may make an
IN order for the safe keeping, or for tho payment,
or deposit in court, or delivery of the subject Of
mr. the action, to such person il may direct, and
r. an order requiring such third party to appear in
m u reasonable time and maintain or rclinqush his
n claim against the defendant. II such third
ID party being served with copy Of tho order, by
RI tho sheriff, or such ether person ms the court
Il: may direct fail To appenr,the cour, may declare,
him barred OF all claim in respect 10 the sub ject
OF the action, against the defendant therein.
10. II such third party appear, he shall be allowed
IN to make himself defendant in the action, in
=, lieu of the original defendant who shall be
discharged from all liability to either of the other
40 parties in respect to the sube of the action,
upoE his compliance with :hc order Of the court
Sc 'ur tue payment ucposlt, OF deHVefy mere
a Of
M. Soc. 10. The provisions Of the last section
rb shall be applicable to action brought against
bv sheriff, or other officer for the recovery oi
10. personal property taken by him under execution
or for the proceeds of such property so taken
and sold by him. And the defendant in any
such action shall be entitled to the benefit OF
those provisions against the party, in whose
NJ favor the execution issued, upon exhibiting to
10 the court tho process under which he acted,
n. with his affidavit that the property for the re.
#. covery OF which, or its proceeds. the action is
in brought was taken under such process.
nm See. ~. In an action against sheriff, or
n other officer, for the recovery Of property taken
cb under an execution, and rcplcy.ed by the
plaintiff in such action, the court my, upon
be application of the defendant, und of the party
r., IN whose favor the execution issued, permit the
he latter to be substituted the defendant, security
m. for the costs being given.
lpt TITLEIV.