The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-10
CODE OF PROCEDURE. Continued

to be made in two newspapers, to be
designated as most likely to give notice
to tho person to be served, and for such
length Of time as may be deemed reasona-
ble, not less than once week for six
weeks. In case of publication, the Court
or Judge must also direct q copy of the
summons and complaint to bo forthwith
deposited III the post Office, directed to
the person to bo served, at his place of
residence. unless it appear that such resi-
dence is neither known to the. party MAX
ing the application, nor can with rea-
sonablo diligence be ascertainedRby him.
When publication is ordered, personal
service Of q copy of the summons and
complaint, out of the State, is equivalent
to publication md deposit in the post
Office.
The defendant against whom publicn-
tlon Is ordered or his representatives, on
application and sufficient cause shown ut
any time before judgment, must be al
lowed to defend tho action; and, except
IN al action for divorce, tho defendant
against whom publication is ordered, or
his representatives, may, in like manner,
upon good cause shown, be allowed to de-
fend after Judgment, or at any time with
IN one year after notice thereof, and with
in seven years after its rendition, on such
terms as may be just; and if tho defence
be successfully and the Judgment or any
part thereof have been collected, or
otherwise enforced, such restitution may
thercHpon be compelled as the Court di-
rects; but the title to property sold un-
der such Judgment to purchaser in good
faith shall not be thereby affected. And
in oil cases where publication is mado,
the complaint must DO first filed, and
summons, as published, must state the
time and place of such filing.
In actions for the foreclosure of mort
cages on real estate, already instituted,
or hereafter to be instituted, if any party
or parties having any interest in or lien
upon such mortgagad premises are TN.
known to the plaintiff, and tho residence
OF such party or parties cannot, with rea-
sonable diligence, be ascertained by him.
and such fact shall be made to appear, by
affidavit, to the Court, or to O Judge
thereof, where the trial is to be had, such
Court or Judge may grant all order that
the summons be served on such unknown
party or parties by publishing the same
for six weeks, once in each week success
slvely, III newspaper printed in the
County where the premises are situated,
which publication shall be equivalent to
personal service on such unknown
party or parties.
SEC. 150. Where the action is against
two or more defendants, and tho sum-
mons is served on one or more of them,
but not on all of them, the plaintiff may
proceed as follows:
l. Ii the action be against defendants
Jointly indebted upon contract, he may
proceed against the defendant served,
unless the Court otherwise direct; and if
he recover judgment, it may be entered
against all the defendants thus jointly in
debted, SO far only rs that it may be en-
forced against the joint property of oil
and the separate property of the defend.
ants served, and, if they are subject to
arrest, against the persons of the defend
ants served; or,
z. If the action be against defendants
severaliy liable. ho may proceed against
the defendants served in the same man.
ner MS if they were the only defend
ants.
3. If all the defendants have been
served, judgment may be taken against
any or either of them seyerallv, when
the plaintiff would be entitled to iudg-
ment against such defendant or defend
ants, if the action had been against them
or any of them alone.
1. If the name of one or more partners
shall, for any cause, have been emitted
in any action i'll which judgment shall
have passed against the defendants named
III the summons, and such omission shall
not have been pleaded in such action,
the plaintiff, in case the judgment therein
shall remain unsatisfed, may by action
recover Of such partner separately, upon
proving his joint liability, notwithstnnd-
ing he may not have been named in the
original action; but the plaintiff shall
have satisfaction Of only one Judgment
rendered for the same cnuse of action.
SEC. 100. In the cases mentioned in
Section one hundred and fifty eight, the
service Of the summons shall be deemed
complete mt the expiration Of the time
prescribed by the order for publica-
ton.
SEC. 1Gl Proof OF the service Of the
summons, and of the complaint or no.
tice, if any, accompanying The same
must bc as follows:
l. II served by the Sheriff, his ccrtifi-
cate thereof; or,
= ii by any other person, Lis affidavit
thereof; or,
g. In case Of publication, the affidavit