The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-03-03

the acton is pending or TO the Judge thereof, o
to Probate .Ildge for an order to discharge TIN
iattachment wholly orin part. and upon the exc
cntion of the undertaking mentioned in the mex
Section, such order may be granted releasing from
the opefationsof the attachment any or all of tn,
property attached aud that all of the property S,
/ released aud all of the proceeds Of the sale.
thereof, be delivered to the defendant upon tn,
classification of the suretes on the undertaking, i
required by the plaintiff.
4 SEC. 137. Before the granting of sucll order
the Court or Judge shall require an undertaking
executed by the defenda and a: least two sure
ties, residents and treeshoderS or house holders
the County, to the effect that in case plaintiff re
Icover judgment in the action, defendant will OF
demand, le>deliver such attached property 40 re
LEASED. to the proper officer to be applied t. the
payment of tue Judgment and that in defauI
thereof. defendant rand snreties will. ON demand
pay to plaintiff the full value of the proDert,
released. The Court or Judge granting such re.
lease, MAJ fix the sum for which the under
taking shall be executed, and if necessaryn fix
| ing such sum to know the value of the property
| released, the same may be appraised by three
dIslnterested persons, to be appointed for thai
purpose. The sureties may be required to JUS
| THY before the Court or Judge. and the pros
Eerty attached shall not be released from the at
tachment without their Justification, it the same
| be required. ssa m@@ fHEH4
SEC. 1873. The defendant may also. any time be.
fore the time for answering expires, apply on
mutton, upon reasonable notice to the plaintiff, to
the Court, III which tile action is brought, or to
tic Judge thereof, or to Probate Judge that the
attachment be discharged, on the ground that the
writ was improperly issued. GA
SEQ. 1879. III the motion be made upon affidayits,
on the part of the defendant, but not otherwise
the plaintiff may oppose the same by affidavits. or
other evidence, III addition to those on which the
order OF attachment was made.
Sac. 40. Ii upon such application, it shall sat
lsfactorIy appear thai the writ of attachment
was improperly issued it shall be discharged.
SEC. Isl. On judgment upon an issue of law,
lit the taking Of account be necessary to enable
the Court to complete the judgment, reference
may be ordered. s- sEsd ~ q SIS
SEC. ls3. A reference may be ordered upon the
agreement OF tile parties filed with the Clerk, or
entered i'll the minutes: 4 49,
lst. To try any or all Of the issues in an action
or proceeding, whether OF tact or of law, and to
report judgment thereon.
I'd. To ascertain a fact necessary to enable the
Court to proceed and determine the case.
SEC. 1856. reference may he ordered to any
person or persons, not exceeding three, agreed
upon by the parties. If the parties do not agree
the Court or Judge shall appoint one or more ref
erees, not exceeding three. who reside in the
county III which the action or proceeding is tria-
BILE, and against whom there is no legal objection.
SEC. los. Either party may Object to the APP
pointnlent OF any person as referee, on one or
more of the following grounds
lst Il want of any Of the gu tlications pre-
scribed by statute to render person competent
as a juror
I'd. Consanguinity or affinity. within the third
degree, to either party.
ID. Standing i'll the relation of guardian and
ward master and servant, employer aud clerk or
principal aud agent To either party or being q
member OF the family Of either party or part
merlin business with either party or being secu
liiy on any bond or obligation FIR either party.
4th. Having served as a juror, orbeen witness
on any tfial between the same parties for the
same cause OF nc tiDn. 8ss# 4
5th. Interest on the Part of such person in the
event OF the action, or III the main question III.
volVed in the action. T11
9th. Having formed or expressed an unqualified
opinion or belief as to the merits Of the action.
It'll The existence of state Of mind III such
person cyineing ennity against or bias to either
party.
SEC. 1879 The objection taken TO the appoint
nent Ut any person as referee, shall be heard and
disposed OF 10y the Court. Afidayits may be read
and any person examined as Il witness as to such
objections.
SEC. 1876. The referees shall make their report
within ten days after the testimony before them
is closed. Their report upon the whole issue,
shall stand us the decision of the Court aud |
upon filing the report with the Clerk OF the Court,
Judgment may be entered thereon in the same
nanner as it tue action hal been tried by the
Court. The decision of the referees may be ex
cepted to, ard reversed in like manner as If made |
ny Lie Court When the reference is to report the !
lauts, the report shall have the effect of special
verdlctt
4 SEC. l9I. An exception is an objection taken at
The trial to a decision upon a matter of law,
whether such trial be by jury, Court or referees.
lnd whether thef decision he made during the for
nation OF jufy.or in the admission Of evidence,
II IN the charge 10 jury, or at any other time,
rom the calling of the action Tor t!ial to the ren
iering OF the verdict or decision But no eXcep-
on snail be regarded on a motion for lew
rial or on au appeal nuless the exception be
material aud affect the substantial rights OF til
parties.
SEC. 1872. The point of the cxcept'oa shall be
stated. and may be deve ed in wr
ing to the Judge, or ii the patty require, it shall
,e written down by the Clerk. When delivered
II writing. or written down by the Clerk it shall
,e made Conformable to tn Etfutn, or be at the
inc corrected until it is so made con.ormabe.
Rhen not delivered in writing, or written down
S above, it may be entered in the Judges min
ties, ana afterwards settled in statement of the
ase, as provided in this act: Provided, That it
he Judge shall, in any case, refuse to allow an
in accordance with the facts, anf party
ggrieved thereby may petition the Supreme
court for leave to prove the same, and shall have
he right so to do, III sarh mode and fnauner, aud
ecofdng to such regulations as the Supreme
;out may by rules impose
SEC. 1876. A new trial IS a re examination Of an
ssue of fact in the same Court, alter trial and
ecision by jury, Court or referee.
SEC 1876. The termer verdict, other decision, Il
aay be vacated, and new trial granted, on the
publication of the party aggreved, for any Of the
al rights of said party: i
Ut riff in the n:0npn1ippC of the T.