Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1857-03-12
From the Milwaukee Sentihel.
The New Civil Code of practice
Procedure. in Wisconsin.

~ ca AlitOttct W Jul lCtt0CiS We
the following, which was furnished us
by NELSON c GRIDLEY, ESQ, Attorney
&C., No. 3 Albany Buildings, Milwau-
kee, who has practised for several years
urder similar code in New York. Ill
was written at our particular request,
and though somewhat brief in compar-
ison with the code itself, will, we believe
befound tocontain an accurate view of all
of its requirements; thatpart-whichis ON
tilted, appertains particularly to the prac-
|tice under the 'sCode. 2
The distinctions heretofore exising
between actions at law and suits in eau-
ity are abolished, and there is now but
one form of civil action, which must be
commenced by the service of sum
mons, and is Issued by the Attorney for
the plaintiff. All forms pleading here
tofore existing are also abolished, and
the only pleadings under the "Code,"
are the ''conaplaint" Of the plaintiff, the
''d,lSper" or ''demarrcr" of the defend
ant, and when the answer of the de
fendant contains new matter, the ''repIy"
of the plaintiff:
The complaint must contain a plain
statement Of the facts, mot the conclu-
sion Of facts or Of law constituting the
plaintiff cause of action, without unnec-
.essary repetition, and demand or pray
or for judgment or relief, as the case
may be. If the complaint is sworn to,
all subsequent pleadings Except demur-
err must be sworn to.
The answer must deny either generally
or specifically the allegations the com
plant and every material allegation of
the complaint, not denied by the answer
of the defendant admits part of the
plaintiff claim, the Court can order the
defendant to satisfy that part of the claim
and the action viii proceed as to the
residue.
The ''Reply" of the plaintiff is used,
only when the answer of the defendant
contains new-matter or a counter-claim.
The Summons" must be served per-
.sonally,or by leaving at theusual place of
abode of defendant, in presence of some
member of the family-when the defen-
dant is nonresident, by publication.
Personal service out of the State, is
equivalent to publication Of summons.
The complaint need not be served,
with summons, and in case it is not so
served, the defendant has twenty DAYS
after the service of the summons. in
which to appear and demand copy of
the complaint, which must be served
within twenty days thereafter, and de-
fendant has twenty days after ser
vice of copy of complaint, in which TO
serve his answer
All actions must be commenced in the
name of the real party in interest An
assignee of thing in action, arising out
OF contract, may sue in his own name,
subject to any set off or defence existing
against the assignor, at the time of or
before notice of the assignment, except
in actions upon Notes or Bills of Ex-
change transferred in good faith before
maturity.
When married woman is a party to
a su c her husband must be joined with
her, except in actions concerning her sep
arate property, and in actions between
herself and husband; when her husband
cannot be joined with her, she must sue
by next friend.
Infants must prosecute and defend by
guardians.
Action concerning real property, and
for the recovery of personal property,
must be tried in the county where such
property is situate.
Actions for the recovery of penalty or
forfeiture imposed by statute, and against
a public officer, must be brought in the
Al g
soln@ part thereof arose.
In all other cases, actions must be
tried in the county in which the parties
or either Of them reside. Under this
section Of the "code'2 resident plaintiff
may sac arg person residing IN Mis
State, ie tie County scAere the fiaintif'I
resides and cause tie trial to be had IN
such county.
In actions against defendants jointly
liable upon contract, the plaintiff may
proceed against the defendant served,
and upon Judgment, execution runs
a gainst joint property of all defendants
and individual property of the defendant
served with summons.
In actions against defendants sever
ally liable, plaintiff may proceed against
those served with summons, the same as
if the others had not been joined as de
PENDANTS.
Several causes Of action may be uni /
ted in the same complaint: and in New |
York under similar section Of the code,
it has been held, that an action on con-
tract and for tort, cannot be joined.
In actions for libel and SANDER, the de- |
PENDANT may allege the truth Of the mat
ter charged as defamatory, and also NIT
igQting circumstances, and whether he |
prove justification or not, he may give in
evidence the mitigating circumstances.
General discretionary power is con-
ferred upon courts to allow amendments
Of pleadings, and when justice may be
promoted thereby, to make pleadings
conform to proof on trial.
Arrests may be made, when defend !
ant is a nonresident, Or is about to re-
move from the State, III actions for dam !
ages not arising out of contract; in ac-
tons for injury to person or character,
or for injuring, or for wrongfully taking, I.
OBTAINING or converting property; in ac
tons for fine or penalty, or for property
fraudulently misapplied bypublic officers,
solicitors or councillors, or by |
or agents of corporations Or bank
ing associations, &c, and in actions to
recover possession of personal property,
when the same has been concealed, re
disposed of,!so. that..it cannot be
found pr taken by the sheriff. Females
be be arrested, except for wilful
injuries to persons, character, orproper-
ty.
attachments may issue against prop
erty OF the defendant, upon affidavit