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

r dlyS rs the Court, or Judge thereof, or .C0ur
Commissioners may by order grant. The saiC
Eparty shall prepare and file with the Clerk, ths
Affidavit statement required by the last Section
LIT no affidavit or statement be filed within fv,
days after the notice. or within such further time
as the parties may agree upon, or the Court sci
Judge thereof, or Conrt Commissioner may bN
ofder. grant, the right to move for q new tria
shall he deemed waived.
4 Whea the notice deSignates, as the ground upor
which the motion will be made, the insuffciency
of the " dence to justify the verdict or other de-
clSion, the statement shall specify the particulars
which such evidence is alleged to be insufficient
i Whentle notice d9senates as the GROUND OF
the motion, errors in law occurring at the trial
aud excepted TO by the moving party, the state
melit shall specify the particular errors upon
Il which the party will rely.
! Ii no such specifications be made, the statement
shall besdiregafded. The statement shall contain
! SO MUCK of the evidence, or reference thereto, as
may be necessary to explain the particular points
thus specified and no more. Such statement
when not agreed to by the adverse party, shall be
settled by the Judge, upon notice. When agreed
i 70, II Shall be accompanied by the certificate of
tne partleS, or their attorneys, that the has
been agreed upon, and is correct. When settled
| ny the Judge, the same shall be accompanied with
his certificate, that the same has been allowed by
INN, and is correct. On the argument, reference
may also be made TO the pleadings, dispositions
and documentary evidence on file and to the
minutes Oh the Court.
Ii the application be made upon affidavits filed
the adverse party may use counter affdavits on
the hearing. Any counter afidavits shall be fled
Win The Clerk one day. at least, previous to the
hearing. The ailidayits and counter affdayits, or
TIE statements thus used in connection with such
pleadings, dispositions, and minutes of the Court
as ale read or referred to on the hearing, shall
constitute, without further statement, the papers
to be used OH appeal from the order granting or
refusing the new trial
for the Judge or Clerk to indorse them at the
time, as having been read or referred to on the
nearlng;to identify any minutes of the Court
Oh deposltionS read or referred to the hears
ing, 1t shall lie sufficient that the Judge des>
shatc them III his certificate, as having been thus
read or referred to-
SEC. 1919. The application for a new tria, shall
be made at the earliest period practicable after
ming the affidavit or statement, and the Court or
Judge granting or refusing a new trial. shall
STATE III writing, the grounds upon which the
same Is granted or refused.
SEC. 203. In an action 10 recover the possession
OF personal properly, judgment for the plaintiff
may be Tor the POSSESSION the value thereof in
case delivery cannot he had and damages for
Tue detention. Ii the property has been delivered
10 Tie plaintiff. and the defendant claim a return
thereof, Judgment for the defendant may be for
return OF the property, or tie value thereof, in
case retHril cannot be had and damages for
taxing End withholding the same. In an action
Oh contract or obligation in writing for the IL
rect payment of money, made payable in spec
NED KIND OF money or currency, judgment for the
palntln, whether the same he by default or after
verdict. may follow the contract or obligation
anu be made payable lii the kind OF money or cur
rency specified therein and iii ali action against
any person Tor the recovery of money received by
such person i'll a tiduciary capacity, or to tie us
81 another, Judgment for the plaintiff whether
The same Is by default or alter verdict. may be
made payable in the same kind of money or eur>
rency 20 received by such persol.
SEC 206. Immediately after entering the judg
ment, the Clerk shall attach together and file the
following papers, which Shall constitute the ;udg
ment roll
LIST. In case the complaint be not answered by |
any defendant the SUMMONS, with the affidavit
or proof Of service, and the complaint, with the
endorsed upon the complaint, that
the deiaultof the defendant, in not answering
was entered, and Il copy Of the Judgment.
I'd. In all other cases, the summons, lleadDgs, /
verdict OF the jury Or finding Of the Court and |
all bills OF exception taken and filed in said ac-
ton, and copy of the judgment, aud any orders |
relating to Il change OF the parties.
SEC. 2l3. The writ of execution shall he issued
in the name Of the people Of the United States
i'll the Territory Of ldaho sealed with the seal Of
the Court and subscribed Oy the Clerk, and shall /
be directed TO the Sheriff. and shall inteigby /
reter to the Judgment, stating the Court, the
County where the Judgment roll is fled, and lift
Dc lot mOney TIC aiHOuut JieTeO! ana the amount
actually due thereon, and it made payable in
specified kind OF money or currency, as provided
in Section two-hundred andthree.a anfe
The execution shall also state the Kind OIL
money or currency in which the jugdment is pay.
able, and shall require the Sheriff substantially as
fUlows:
First. If it be against the property of the iudg
meht debtor, it shall require the Sheriff to satisfy
the judgment, with interest, ont of tie PERSONAL
prof. erty of such debtor; and if sufficient per,
ional property cannot be found then out of his
real property or if the judgment be a lien upon
real property, then cut OF the real property be
onging to him on the day when the Judgment
was docketed or if the execution be issued to a i
County other than the one in which the judgment
Vas recovered, on the day when the transcript of
he docket was fled in the Office Of the Recorder
If such county, stating such day or any time
hereafter
Second. If it he against real or personal pro
oerty, III the hands of tie personal representa-,
ives, heirs devisees, legatees, tenants If real
property trustees, it shall require the Sheriff
o satisfy the judgment with interest, cut OF such
property
Third. IF it be against the person of the indg
lent debtor, it shall require the Sheriff to arrest
ueh debtor and commit him to the jail OF the {
ounty until he pays the judgment, with interest
n be discharged ACCORDING to law.
Fourth. If it be issued on a Judgment made
payable in specified kind OF N )neY or currency,
IS provided i'll Section two-hundred and.three OF
his Act it shall also require the Sheriff to satisfy
he same in the kind OF money or currency in !
which said Judgment is made payable, and the
Sheriff shall refuse payment in any other k nj OF
money or currency and III case Of levy and sale
iIltl0 loc