Year: 1870

Iu0kTo0, bttstIu& Shbt 0ho So
of the county, or the judge is SO
preiudiced against him, or that the
adverse party or his attorney has
such an undue influence over the in
hab:tants Of tho county that he can
not obtain fair trial, where it is so
made to appear TO the judge, that a
ljury of twelve men cannot be obtain
cd in the county where said action it
pending, then upon application Of
either party as aforesaid, q change Of
venue shall be granted to the nearest
county in the same district, unless
the objection made is claimed to
hold to all the other counties Of the
district, and shall be to the most
convenient county to which no objec.
ton is made. Whenever change
of venue shall be granted ON account
of prejudice or disability of the
ljudge, tho case shall be transferred
to tho circuit court of the same
county unless the same objections
exist to tho judge ofthe circuit court
unless such change Of venue be ap-
piled for in cases whore the circuit
court has no Jurisdiction, in which
case the cause shall be transferred to
somo other district court.


Sec. Is. (Sec. 2,724.) If county
is defendant service may be made on
the chairman of the board of super
visors or county auditor. If any
other civil corporation, upon trus-
tee or other officer thereof. If no
trustee, officer, agent, or employee
of any Incorporation, organized un-
der the laws of this state, can be
found within the State, on whom
service can be made as now provided
by law, service may be made on
such corporation by publication.


Sec. 16. (Sec. 2S43.) When any
real property is the subject of any ac-
ton, and tho same is situated in any
other county than the one in which
the action is brought, the plaintiff
must, in order 70 affect third persons
with constructive notice of the
pendcncy of the action, file with the
clerk of tho district court of such
county, a notice of tho tendency OF
tho action, and description of the
property in that county affected
thereby, and from tho time of such
fling only, shallthe tendency of the
action be constructive notice to sub
sehnent vendees or iucumbrances
thereof, VINO shall be bound. by all
proceedings taken after the filing of
such notice to the same extent as if
a party to tho action, and tho clerk
of such county must Immediately on
receipt of such notice index and
record tho same in the incumbrance
book. And within two months after
the determination of such action
there shall be fled with such clerk o
certified copy of the final order,
Judgment, or decree, who shall enter
and index tho same in the samo
manner as though rendered in that
county, or such notice of tendency
shall cease to be constructive notice.


Sec. II. (sec. 2S56.) The appear
ance term shall not be the trial term
for equitable actions triable by tho
| first method, except in cases in
which notice has been served sixty
days before such term, and in which
also the answer shall be merely o
denial, and the proof documentary.
! Sec. Is. (Sec. 2907.) If tho plead
ing be founded on written lnstru.
ment, for the payment of money
only, and such instrument be in the
possession of the agent or Attorney,
the affidavit may be made by such
agent OF. attorney, so far as relates
to the statement of the cause of
action thereon; but when relief is
asked other than money judgment
or decree of foreclosure, the affidavit
must contain averments showing
competency, as hereinafter provided.


Sec. 10. All exhibits referred to in
the pleadings, the original Of which
are attached thereto, or are filod with
the pleadings, may be introduced as
| evidence on tho trial of equitable
causes by the first method, without
proof as to their genuineness, unless
the same have been positively denied
undor oath.


Sec. 20. (Sec. 3OO7.) Except
where otherwise provided, causes in.
cluding those brought to foreclose
mortgages, and to enforce vendors
| liens, shall bc tried at the first term
after duo, legal, and timely service
has been made, unless reasonable
causes for a continuance is shown.


! Sec. 81. (Sec. 3lS9.) Whenever i,
appears by the affidavit of the plain
tiff, or by the return of the writ o.
attachment, that no property i;
known to the plaintiff or the officer
on which the order of attachmen,
can be executed, or not enough tc
satisfy the plaintiff claim, and il
being shown. to the judge of any
court, by affidavit, that the defend
ent has property within tho State
not exempt from writ, the defenden,
may be required by such judge to at
tend before him, or before the court
in which the action is pending, anc
| give information on oath respecting
his property.


i Sec. %. (Soc. 1929 Whom til,
sheriff thinks the property attached
in danger of serious and immediate
waste and decay, or when tho keep
ing of the same will necessarily bt
attended with such expense as great
lly to depreciate the amount Of pro
ceeds to be realized therefrom, OF
when the plaintiff makes affidavit tt
that effect, tho sheriff may summon
thee persons having the qualifiea
tions of jurors, to examine the Same
The sheriff shall give tho defendeut
if within tho county, two clear day S
notice of such hearing, and he may
} appear before such jury and have /
: personal hearing. If they are ofth,
opinion that tho property requires
soon to be disposed Of, they shall
J specify in writing day heyon,
which they do not deem it prudcn
, that it should be kept in tho hands 0
, the sheriff. Ifsuch day occur befor
the trial day, he shall thereupon Civ
) the same notice rs TOR goods in exc
cution, and for the same length Q
1 - a.