Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-11-28

OF CANCELLATION.

VI N~@-1--a
As. No principal demand, Introductory
Of a suit between parties competent to
compromise, and in respect OF objects
that may be the matter OF 8 compromise,
shall be received in the Tribunals Of first
instance, until the Defendant has first
been summoned in Cancellation, before
the Justice Of the Peace, or the parties
have voluntarily appeared before him.
40. Are not subject to the preliminary
OF Cancellation:
Let. Demands that interest the State or
public domain, the communes, public
establishments, minors, persons inter-
dicted, or curstors Of vacant SUGGESTIONS.
%. Demands that require celebrity.
Sd. Demands in intervention or guar
anty.
4tb. Demands in commercial matters.
5th. Demands for release from deten-
ton Of the person those for release Of
seizure or punishment, for payment Of
rents or arresrages of Interest or stocks
or annuities, and those Of lawyers for
their fees.
9Th. Demands against more than two
parties by suit, thoagh they msy have q
Joint interest.
9TH. Demands for verification Of wri-
tings, in disavowal Of obligation, on
questions Of disputed Jurisdiction. for
refunding, for preysricatioD Of a Judge,
demands against a third person disseiz-
ing, and in general as TO seizures, as to
tenders, for delivery Of titles, to be al
lowed to examine them, for partition Of
property, as to tutOrships and CURATOR
ships and, finally, all causes excepted
by the laws.
50. The Defendant will be cited in con-
cilistion
lst. In matters personal and real, be-
fore the Justice Of the Peace Of his dOmi-
Gil; if there are two defendants, before
the Justice Of the domicil Of one Of them,
at the Plaintiff option.
"a. In partnership matters, other than
those q commerce, go long as the part
nership exists, before The Justice OF the
Peace Of the place where it is estab-
lished.
Sd. In matters Of succession, on de-
mands between heirs, until partition, and
that included; on demands brought by
the creditors Of the deceased before dis
tribution; on demands relating to dispo-
sitions casisa morris, until the dehnitive
judgment, before the Justice Of the
Peace Of the place where the succession
is opened.
81. Service Of the citation must be
made at least three days before the
hearing.
81. The citation win be served by a
huissier Of the Justice Of the Peace, on
the defendant: it will briefly set forth
the object OF the Cancellation.
So. The parties will appear in person :
if either cannot do so, he will appear by
an attorney in fact.
81. On the appearanee-day, the de-
mandsnt may explain and even enlarge
his demand, and the defendant may
present such as be thinks proper: the
minute drawn up viii contain the con-
ditions Of the arrangement, il one is
effected; If none, it viii briefly mention
that the parties could not agree.
The agreements Of the parties, stated
in the minute, have the force Of private
obligations.
IS, II one Of the parties puts the other
10 bis oath, the Justice Of the Peace will
receive his statement on oath, or men,
tion his refusal to take It.
IS. The party who fails TO appear viii
he condemned to pay ten francs; and be
win not be permitted to be heard in
Court until be has paid the same.
81. Citation in Cancellation win in
,errupt prescription, and cause interest
! eommeace accruing; al this, provided !