The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1870-09-08

9 sbc fifteen; and they shall serve for on
Il entire year tf,crcafer; the number 6
petit jurors shall be fifteen unless .th
Judge Of the district or circuit court shall
for the court over which he presides, il
writing, direct the county auditor to Sc
lect greater number, in which cas-
such greater number shall be selected
and separate lists shall be made for tn
district and circuit courts.
See. s. (Sec. 2733.) Within three day
after such drawing, the clerk must issue
n precept to the sheriff, commanding
him to summon the sal: jurors to ap
pear before the court for which theA
were selected, ut eleven o'clock, a. NJ.
of the first day of the next term thereo
(naming the month and day. unless
the judge of the court has previously
directed u different hour or day for theil
appearance, in which case such direct.
ion must be observed.
Sec. 9. (Sec. 27ll.) In actions for re.
lief Oh the ground Of fraud, and in act
ions for trespass to property, tho cause
Of action shall not be deemed to have
accrued until the fraud or trespass COM
planned of shall have been discovered
by the party aggrieved.
Sec. 10. (Scc. 27l6, But when cause
Of action has been fully barred by the
laws Of any country where the defend.
ant has previously resided, such bar
: shall be the same defense here as thoup h
! it had arisen under the provisions of
! this chapter but this section shall not
apply to causes of action arising within
this State.
Sec. IL. (Scc. 277l.) A married wo-
man may in all cases sue and be sued
without joining her husband with her,
except in eases where the cause of act
! ion exists in favor of or against both.
Sec. j.. (Sec. 2776.) When husband,
being u father, has deserted his family,
the wife, being mother, may prosecute
or defend in his name any action which
he might have prosecuted or defended,
and shall have the same powers and
rights therein As he might have had,
and under like circumstances, the same
light shall apply to the husband ulton
the dcsertion of the wife.
Sec. l3. (Sec. 2s03.) A change of ven-
ue in any civil action, may be had in
any of ibe following cases.
LIST. Where the county in which the
suit is pending is IA party thereto.
2nd. Where the judge is a party, or
! is directly interested in the suit or Is
connected by blood or affinity with any
person SO interested, nearer than the
Nurth degree.
3D.. When either party files an afiida-
vit verified by himself and three disin-
teresteh persons not related to the party
making the motion, nearer than i'll the
fourth degree, stating that the inhabit
ants of the county, or the judge is SO
prejudice against him, or that the adj
verse party or his attorney has such an
undue influence over the inhabitants Of
the county that he cannot obtain II fair
trial, where it is so made to appear to
the Judge, that the jury Of twelve men
cannot be obtained in the county where
said action is pending, then upon appli-
cation of either party rs aforesaid, n
change Of venue shall be granted to the
nearest county III which jury can be
obtained.
Sec. II. (Sec, 2oo5.) The venue shall
be changed to some other county In the
\ same district, unless the objections are
to the judge, or unless the objection
made is claimed to hold to all the other
counties of the district, aud shall be to
the most convenient county to which
object is made. Whenever a change OF
venue shall be granted Oh account OF
prejudice or disability of the judge, the
case shall be transferred to the circui,
court of the same county, unless the
same objections exist to the judge Of the
circuit court, unless such change Of ven
ue be applied Tor in cases where the cir
cult court has no jurisdiction, in which
case the cause shall transferred to some
other district court.
Sec. Is. (Sec. 2S24.) If a county il
defend and service may be made Oh the
chairman of the board of supervisors oI
county auditor. If any other civil cor.
poration, upon a trustee or either officer
thereof. If no trustee, officer, agent, OF
employee Of any Incorporation, orga,
nized under the laws of this State, car
be found within the State, on whom
service can be made as now provided by
law. service may be made on such cor
poration by publication.
Sec. 1G. (Sec. 2S43.) When any real
property is the subject of any action,
and the same is situated in any other
county than the one in which the act
ion is brought, the plaintiff must, il
order to affect third persons with con
structive notice of the pendency of tn
action, file with the clerk of distric
court of such county, a notice OF ths
tendency of the action, and descript
ion of the property in that county aft
ected thereby, and from the time ofsucl
filing only, shall the pcndency Of til
action be constructive notice to subse
quent vendees or incumbraces thereof