The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-07

appearing to the court, the court NAV
appoint guardian al litens, for such
| absent Infant party, for the purpose of
protecting the right of such infant in
said action, and>ap such guardian al
tuem process, pleadings and notices in
the action may be served in the like
manner as upon party residing in this
State.
SEC. 40. All persons having an inter
est in the subject of the action, and in
obtaining the relief demanded, may be
joined as plaintiffs, except as otherwise
provided in this title.
SEC. 141. Any person may be made q
defendant who has or claims an interest
IN the controversy adverse to the plain
TIL, or who is necessary party to COM
plete determination or settlement of the
questions involved therein; and in on ac-
tlon to recover the possession of zeal es-
tate, the landlord and tenant thereof may
be Joined as defendants; and any person
claiming title or right of possession to
real estate may be made parties plaintiff
or defendant, as the case may require, to
any such action.
SEC. 142. OF the parties to the action,
those who are united In interest must be
Joined as plaintiffs or defendants; but if
the consent of any one who should have
been Joined as plaintiff cannot be OBJ
tanned, he may be made defendant, the
reason thereof being stated in the COM
plant; and when the question is one of
common or general interest of many
persons, or when the parties are very nu-
merous and it may be impracticnble to
bring them all before the court, one or
more may sue or defend for the benefit
of the whole.
Sec. 143. Persons severally liable upon
the same obligation or instrument, in
Guiding the parties to bills of exchange
and promissory notes, may all, or any of
them, be included in the same action, ut
the option of the plaintiff.
SEQ. IA. No action shall abate by the
death, marriage, or other disability of
party, or by the transfer of any interest
therein, If the cause of action survive or
continue. In case of death, marriage, or
other disability of a party, the court, on
motion at any time within one year
thereafter. or afterwards, on supple
mental complaint, may allow the action
to be continued by or against his repre-
sentative or successor in interest. In case
of any other transfer of interest, the &C.
tlon shall be continued in the name of
rhe original party, or the court may al
low the person to whom the transfer is
made to be substituted in the action.
After verdict shall be rendered in any
action for wrong, such action shall not
abate by the death OF any party, but the
case shall proceed thereafter in .he same
manner as in cases where tta cause of
action now survives by law.
At any time after the death, marriage,
or other disability of the party plaintiff,
the court in which an action is pending,
upon notice to such persons rs it may d.
rect, and upon application of any person
aggrieved, may, in its discretion, order
that the action beideemed abated, unless
the same be continued by the proper par
ties, within time to be fixed by the
court, not less that six months nor ex-
ceeding one year from the granting of the
order.
SEC. LIS. The court may determine
any controversy between the parties be-
fore it, when it can be done without pre-
judice to the rights of others, or by saw
ing itheir rights; but when Il complete
determination of the controversy cannot
be had without the presence of other
parties, the court must causc them TO be
brought in. And when, in an action for the
recovery of real or personal property, O
Peisou uot Ii purity 10 the action, put
having an interest in the subject thereof,
makes application to the court to be
made party, it may order him to be
brought in by the proper amendment.
A defendant against whom M action is
pending upon a contract, or for specific,
real, or personal property, may at any
time before answer. upon affidavit that a
person not party to the action, and
without collusion with him, makes against
him demand for the same debt or pro-
perty, upon due notice to such person
and the adverse party, apply to the
Court for an order to substitute such
person in his place. and discharge him
from liability to either party, on his
depositing in Court the amount of the
debt. or delivering the property or its
value to snoh person as the Court may
direct; and tho Court may, in it's discre-
ton, make the order.
TITLE ~.
OF THE PLACE OF TRIAL OF CIVIL ACTIONS.
SEC. I46. Actions to be tried where
sublect-matter situated.
SEC. lat. Actions to be tried where