The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-08-04

! II snail De suthcIent, anu II shall be no ohJet
tlOn 10 maintaining any action that the torl
thereof should have been different. 1886
This abolishes all distinctions as to the form
of action, and all other portions of the cod
are made to correspond. The distinctive rem
edies given by statute, replevin ejectmen
maudamus and the like, are retained br
common law rules and precedents as to tn
form Of the action in any case.
wRIrINGsPARr OF RECORD.
"A copy of any writing of which profert /
made, or ght to be made, in any pleading
shall be annexed 10, or flied with said leading
with the names OF the subscribing witnesses
any, and no evidence thereof shall be given a
the trial, unless 50 annexed or tiled; and ever
writing filed with any pleading, as part Of il
shall thereby be made part of IT,, and he >
considered for all purposes of the action.
| 1911
Under this section, as the writing of whic
profert is made becomes a part of the pleading
it will perhaps be proper for the court TO con
slider such writing on demurrer.
PLEAS PUIs DARREIN CONTINUANCE.
pleas after issue joined, or since the las
continuance, or at any stage of a case, shall no
be held to be substitute Tor former pleas O.
/ to waive any defence pleaded. 1858.
DEMURRER.
'No pleading shall be deemed insuffcien
for any defect which could heretofore be OBJ
Jected to only by special demurrer. 1861.
PROVISIONS APPLICABLE TO ALL COURTS
''All things contained in this chapter no
restricted by their nature, by express pro
vision TO particular courts, shall be the rules
OF decision and proceeding in all courts what
/ soever within this State. Z 1888.
WITNESSES.
/ To 701, Code 1871, add "Aud no attach
ment shall issue for such witness, nor fine be
entered, unless ii is made to appear to the
court that such sum of money has been paid
! or rendered to him. 1898
WITNESS IN ADJOINING COUNTY.
IF during the session of court there shall be
wanted IN any case or matter before said
court. or before the grand Jury any witness.
who resides or may be found in an adjoining
county to that in which such court is in SEES
sion, and within thirty miles of the place
where said court is being held, such court may
order subpoena or attachment. as may be
proper process, for such witness, directed 10
the sheriff Of the county in which such court
Is being held, and he shall, in person or by
deputy, execute such process, according to liz
command, in the adjoining county where such
witness may be found, and such service shall
be as valid as if effected in the county in
which the court is being held; or the court or
Judge may appoint some person not an officer
to execute and return such process whose ac-
ton in executing it shall be as lawful as if
done by the sheriff, and who shall be entitled to
such fees therefor - the sheriff would be en-
Titled to for executing the process 1894
This an excellent provision.
COMPETENCY OF WITNESSES
As fixed by the Code of 1871, remains I'M
changed, except that the following section is
adopted, in lieu of sections $50 and 100 Code
1871:
Husband aad wife may be introduced by
each cher as witnesses in all cases, civil or
criminal zl60l.
ACCUSED WHEN COMPETENT.
'~The accused shall be d competent witness for
himself in ar} prosecution for offence com
mitted against the person or properly
of another. when the person ON or against
whom or whose property the offence is alleged
to have been committed shall be introduced as
a witness by the State; and when admissions
or confessions of the accused are admitted as
evidence, ne may testify TO them, but he
shall not be competent as a witness in the
sions or confessions; and the failure of the ac-
cused IN any case to testify in his own behalf
shall not operate to his prejudice nor be cola-
mented on by counsel" 1903.
DEFECT OF REL IG!oVs BELIEF.
mo person shall lie Incompetent as a wit
ness because Of DEFECT Of religious belief
Z 1904,
DISPOSITIONS.
Are to be taken in the cases enumerated,
and as prescribed by the code Of 1871
In Z 1872 of the code of 1871 after the word
state in the first line add: "or if his place
of residence is unknown 1912.
AFFIDAVIT TO ACCOUNT.
S,otyo, IL
follows:
ANY person desiring to institute suit upon
any open account in any court of this State
having jurisdiction of the amount, may 90 be /
fore any justice of the peace of this State or
any other state OF other officer authorized by !
law to administer esths, and make affidavit TO |
the correctness of such account. and that IL il /
due from the party against whom it is I
and in any suit upon such ac-
count thus sworn to, the affidavit of the party /.
IN whose favor the account is stated, his /
agent, made as aforesaid, and attached 10 the /
account shall entitle the plaintiff to Judgment /
at the trial term Of the suit unless the defen- /
dant shall make affidavit and file with his Z
plea that the account is not correct particular
izIng wherein 1t Is not correct, in which event I.
the affidavit to the account shall enttIe the 4
plaintiff to Judgment only for such part Of
said account as the defendant by his AFFIDAVIT /
shall not deny to be due Procided, that this /
shall not apply 10 accounts against deesdents I
and suits against executors or administrators. .
A defendent desiring to use an open account I
As SCI off, shall be entitled to the benefit of /
this section" 1927,
CERTIFICATE OF Observation-Disclosures
certificate, under his hand and official /
seal, by the officer to whom the legal cUstodv /
y a record or paper belongs, that he has made /
illligent search in his office for the record or
paper and that it cannot be found therein. /
shall be admissible in evidence, and have the /
same effect, if such officer personally testi-
in
. 1923.
PRESUMPTION AS To CERTIFICATES.
ANY certificate, attestation or authe ntica- 4
ton prirportlng to have been made or given
by any person an officer of any State, or Of \
the United States, shall be prima fac,s evil I
lence Of the official character Of such person in 7
I'll courts. and proceedings in by any pers on
IS an officer of any State, or of this State D" 4
1929.
PROOF OF PUBLICATION.
To be made required in sections 819 and
800, code 1871, except that it shall not be nee
,ssary to produce before the officer the several
copies of the newspaper. 2 1887.
PROOF OF POSTING NOTICE.
May be made by affidavit with copy of the
notice attached, to be filed in the office of the
lerk where the proceeding is had. The same
0 be priraa faeie evidence of the facts. 2 1899.
TAX sALE-PREsUMPTIoN CONTINUES.
''Tn all cases where land was sold for taxes
Inder law which made the collectors deed L
# conveyance, or list of land sold prinsa faeis
violence of the validity of the assessment and
ale of the lands, such deed or conveyance or
ist shall still be such evidence, notwithst and-
ng the repeal of such law 1910.
PERPETUATIoN OF TESTIMONY
Any person desiring to perpetuate the testi-
nony of any witness, or the remembrance of
my fact as toany matter in which he is inter
sted, in respect to which there is no suit
ending, may do so by proceeding in accord
nee with the provisions of sections 1850 to
$50, inclusive, of the new Code.
The testimony when SO taken to be recorded.