Year: 1870

ated to the party making the mo-
MON, near than in the fourth degree


stating that the Inhabitants Of the


county, or the judge is so prcjudic


edlagainst him, or that the adverse
party or his attorney has such an


undue influence over the inh abi,.


ants of the county that he cannot


Obtain fair trial, where it is 50


made to appear to the judge, that


q Jury of twelve men canno: be


obtained in the county whore said


action is pending, then upon appli.


cation Of Of either party as afcre-


said, "a change Of venue shall be
granted to the nearest county in


which . jury can be obtained.


Seci II. (Scc. 2s05.) The venue
shall be changed to some other
county in the same district, uDless
the objections are to the Judge, or
unless the objection made is claim
ed to hold to all other counties of
the district, and shall be to the
most convenient county to which
no objection is made. Whenever
change of venue shall be granted
on account of prejudice or disabili-
ty ofthe Judge, the case shall be
transferred to the circuit court of
the same county, unless the same
objections exist to the Judge of the
circuit court, unless such change
Of venue be applied for in cases
where the circuit court has no juris-
diction, in which case the cause
shall be transferred to some other
district court. @a.sHi/ 's4a#


Sec. Is. (Sec. 2s24.) If "a county
is defendant service may be made
on the chairman Of the board of
supervisors or county auditor. Ii
any other civil corporation. upon a
trustee or other officer thereof. If
no trustee, officer, agent, or em-
ployee Of any Incorporation, organ
lied under 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 pub
lication. ~ 9.s


Sec. Is. (Sec. 2s4s.) 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 pendency Of the ac-
tion, file with the clerk Of the
district court Of such county, q no.
tice of the pendency Of the action,
and description o. the property
in that county affected thereby, and
from the time Of such fling only,
shall the pcnaency of the action be
,tive notice to subsequent
or incumbrances thereof,
who shall be bound by all proceed
ings taken after the filing Of such
notice to the same extent as If a
party to the action, and the clerk
of such county must Immediately
on receipt of such notice index and
record the same in the incumber-
ance book. And within two
after the determination of
such action there shall be fled with
such clerk certified copy Of the
final order, Judgment, or decree,
who shall enter and index the sans
ia the same manner as though
rendered in that county, or such
notice Of pendency shall cease to be
notice.


Sec. II. (Scc. 2s56.) The ap-
pearance term shall not he the trial
term for eqitable actions triable by
the first method, except in cases in
which notice has been served sixty
days before such term, and in
which also the answer is a mere
denial, and the proof documentary.


Sec. Is. (Scc. 29O7.) If the
pleading be founded on a written
instrument, 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 ageut or attorney,
so far as relates to the statement Of
the canse Of action thereon but
when relief is asked other than a
money judgment or decree Of fore
closure, the affidavit must contain
showing competency, as
provided.


Sec. 10. All exhibits referred
to in the pleadings, the original of
which are attached thereto, or are
fled with the pleadings, may be in
troduced as evidence on the trial
OF equitable causes by the first
method, without proof as to their
genuincness, nnless the same have
been positively denied under oath.


Sec. 20. (Sec. 3OO7.) Except
where otherwise provided, causes
including those brought to fore
close mortgages, aud to enforce
vendors liens,, shall be tried at the
FIRST term after due, legal, and time
ly service has been made, unle IS
reasonable cause for q continuance
be shown.


Sec. 81. (Sec. sls9.) Whenev-
er it appears by the affidavit Of the
plaintiff, or by the return of the
writ ofattachmcnt, that no proper
ty is known to the plaintiff or the
officer, on which the order of at
tachmcnt can be executed, or not
enough to satisfy the plaintiff :
claim. and IL hAinv nllOwn n the