The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-04-26

word costs in line eleven the words
"of demurrer.
amended by inserting after the wore
s.nroper" and before the wore
"amend,' . in line two of said section
the following: "AlloW a party to"
SEC. dissection 1852 is hereby
amended by striking out the wore
sstwenty-six," in line five, and and
Inserting i'm lieu threof the WORD
twenty-five" 1t is hereby further
amended by striking out subdivis-
ion "6rst. of said section, and the
following is hereby enacted in lieu
thereof: First, real property stand
inc upon the records of the county
in the name of the defendant, must
be attached by filing with the re-
corder of the comfy a copy OF the
writ, together with a description OF
the property attached and a notice
that it is attached, and by leaving a
similar copy of the writ, description
and notice with an occupant or tne
property, if there is one; If not then
by posting the same in a cOnsplcu-
Gus place on the property attached
Any other real property or any IN
terest therein, belonging to the de
fendaot, and held by any other
person, or standing on the records
OF the county in the name of any
other person, must be attached by
filing with the recorder of the
county cepyCf the writ, together
with description of the property
and a notice that such real property
and any interest of the defendant
therein, held by or standing IN the
name of such otherfperson, naming
him, are attached, and by leaving
with the occupant, if any, and with
such other person or his agent, if
known and within the county, or at
the residence of either, if within
the county, copy Of the writ, with
a similar description and notice. If
there is no occupant of the property
a copy Of the writ, together with
such description and notice, must
be peOstd in a conspicuous place
upon the property. The recorder
must index such attachment when
filed in the names both Of the de-
PENDANT and of the person by whom
the property is held, or in whose
name it stands on the records.
SEC. 19.-Section 1865 is hereby re-
pealed and the following enacted
in lieu thereof: (l365) section 40.
The defendant may also, at any
time either before or after, the re-
lease of the attached property, or
before any attachment shall have
been actually levied, upon reason
able notice to the plaintiff, apply to
the court in which the action is
brought, or to a judge thereof, for
the discharge of the writ of attach
ment on the ground that the same
was improperly issued.
SEC. 20.-Section 1868 is hereby
amended by adding thereto the
following: And whenever an order
has been made discharging or re-
leasing an attachment upon real
property, a certified copy of such
order may be filed in the office Of
the county recorder in which the
notices of attachment have been
filed, and be indexed inthe same man.
ner.
SEC. 21.-Section 1870 is hereby
by adding thereto the
following: Fourth, in an action By
a MORTGAGE, or his assignee for the
foreclosure of his mortgage and sale
of the mortgaged property where
it appears 4 that the mortgaged
property is indanger of being
lost, removed or materially
injured, or that the condition
Of the mortgage has not been
performed, and that the property is
insufficient to discharge
he mortgage debt.
SEC. 22,-Section 1875 is hereby
by inserting after the word
made" and before the word 'if'' in
inc five thereof, the following
words: COR affirmative relief sought |
~ the cross complaint or answer
# defendant
SEC. 23.-SectiOn 14OO is hereby
by adding thereto the |
In an action for the !
ecoYery of money only, or specific !
cal property, the jury, in their dis
may render a general or
pecial verdict. In all other cases
he court may direct the jury to /
ind special verdict in writing,
lpon all or any of the issues, and 1
n all cases may instruct them. if |
hey render a general verdict, to
ind upon particular questions of
act, to be stated in writing. and
nay direct a written finding
hereon. The special verdict or
hiding must be filed with the clerk
nd entered upon the minutes.
Where a special finding OF facts is
ncOnsisten1Withthe general verdict
he former controls the latter, and I
he court must give judgment ac-
ordingly.
SEC. 24.-Sectinn 1905 is hereby
mended by adding thereto the fol- /
owing: Findings of fact may be
waived by the several parties to |,
n issue of fact; first, by failing to
Dpear at the trial; second, by con-
cit in writing, filed with the clerk; i
lird, by oral consent in open court, |,
ntered in the minutes.
SEC. 25.-Section 142S is hereby
mended by adding to subdivision
rst thereof, the following. And,
hen service has been made by pub
cation of the SummOnS,th the affidavit