Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1870-07-07

not Oc oOtalneu III the county where
said action is pending, then upon ap.
plicatior OF either party as aforesaid
. change OF vcnae shall be granted
to the nearest county in which jury
can be obtained.
Sec. II, (Sec. eso5.) The venue
shall be changed to some other coun
" in the SAME district, unless the Oh
jec,ions are to the Judge, or unless
the objection made is claimed to hold
to all the other counties OF the dis
trict, and shall be to the most con.
vcnient county to which no objection
ia made. Whenever change otven.
ue shall be granted on account OF
prejudice or disability of the Judge,
the case shall be transferred to the
circuit court Of the same county, TN
less the same objections exist TO the
Judge of the circuit court, unless such
change OF Venue be applied for in cas-.
cs where the circuit court has no il
ris,lictlon, in which case the cause
shall be transferred to some other dis.
trict court.
Sec. Is. Sec 2s24.) TIA county
is defendant service may be made on
the chairman Of the board OF super.
visors or county auditor Ifany 9TH
or civil corporation, upon a trustee
or other officer thereof If no trust
&c, officer. agent. or employee Of any
incorporation, organized under the
laws OF tlns State, can be found with
IN the State. on whom service can be
made as now provided by law, SER
wee may be made on such corpora.
ton by publication.
SEC. l6. (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 action is brought, the
plaintiff must, in order to affect third
persons with constructive notice of
the tendency Of the action, file
with the clerk Of the district court
ofsuch county, notice of the pen
dency Of the action, and a dcscrip.
ton Of the property in that county
affected thereby, and from the time
of such filing only, shall the tendency
Of the action be constructive notice
to subsequent vcndccs or incum-
brances thereof, who shall be bound
by all proceedings taken after the
filing Of such notice to the same ex-
tent as if a party to the action, and
the clerk fsuch county must immc-
diatcly on receipt ofsuch notice in
dex and record the same in the in
cumbrancc book. And within two
months after the determination of
such action there shall be filed with
such certified copy Of the final
order. Judgment, or decree, who shall
enter and index the same in the same
manner as though rendered in that
county, or such notice of tendency
shall cease to he constructive notice.
Sec. II. (Scc. 2S56.) The appear
ancc term shall not be the trial term
tor equitable actions triable by the
first method, except in cases in which
notice has been served sixty days be-
fore such term, and in which also tho
answer shall be merely denial, and
the proof documentary.
Sec. Is. (Sec. 29O7.) 1.-THE plead
ing be founded OH a written instru
ment. for the payment OF money on
Is. and such instrument DO in the
possession Of the agent or attorney,
the affidavit may be made by such
agent or attorney, SO lar IN relates to
the statement of the cause of action
thereon; but when relief is asked 9th
or than money judgment or decree
Of foreclosure, the affidavit must con.
tain avermen,s showing competency,
as hereinafter provided.
Sec. 10. All exhibits referred
to in the plcadings, the original Of
Which are attached thereto, or arc
filed with the pleadings, may be In
rrodnced rs evidence on the trial Of
equitable causes by the first method
without proof as to their genuincness
unless the same have been positively
denied under oath.
Sec. 20. (Scc. 3007) Excep,
where otherwise provided, causes in,
GLIDING those brought to forcclose
mortgages, and to enforce vendors
liens. shall be tried at the first term
after due, legal and timely service
has been made, unless reasonable
causes for continuance be shown.
| Sec. q. (Sec. $780, Whcneve,
it appears by the affidavit OF the
plaintiff, or by tho return Of the wri,
Of attachment, that no property il
known to the plaintiff or the Officer
on which the order OF attachment car
be executed, or not enough to satisi,
the plaintiffs claim and it being
shown 10 the judge OF any court, b,
affidavit, that the defendant has prop
crty within tho State, not exempt
fiom writ, the defendant may be re
quircd by such juige TO attend be