THE CODE OF 1873 AS AMENDED, AND ALL PERMANENT, GENERAL AND AND EIGHTEENTH GENERAL ASSEMBLIES, WITH A BRIEF DIGEST UNDER EACH SECTION, OF THE DECISIONS Entered according to Act of Congress, in the year Eighteen Hundred and Eighty, by In the Office of the Librarian of Congress at Washington. PART THIRD. CODE OF CIVIL PRACTICE. TITLE XVII. OF PROCEDURE IN COURTS OF ORIGINAL CHAPTER 1. PRELIMINARY PROVISIONS. SECTION 2504. Remedies in civil cases in the courts of this state Remedies are divided into actions and special proceedings. classed. SEC. 2505. A civil action is a proceeding in a court of justice Civil action in which one party, known as the plaintiff, demands against an- defined. other party known as the defendant, the enforcement or protection R. 2606, 2609. of a private right, or the prevention or redress of a private wrong. It may also be brought for a recovery of penalty or forfeiture. Civil actions include everything ex- | thereon, held, that filing the note as cept those cases which come under a claim against the estate, the claim the criminal jurisdiction of the court: being resisted, was sufficient bringing Tomlinson v. Hammond, 8-40. of action to entitle plaintiff to the atWhere a note provided for an at- torney's fee: Davidson v. Vorse, Dec. torney's fee, in case action was brought T., 1879. SEC. 2506. Every other remedy in a civil case is a special Special proproceeding. Proceedings to disbar an attorney As to method of trying issues in are special proceedings: The State v. special proceedings, see note to § 2737. Clark, 46-155. ceedings. (665) |