INDEX. ABATEMENT. Plea in, see "Plea." ABATEMENT OF SUITS. By death, ii. p. 211. At common law, death of sole plaintiff or defendant before judgment final, abated suit, ii. p. 211. Or of one of several plaintiffs, &c., ii. p. 211. Statutory provisions altering law, ii. p. 211. In case of death of one of several plaintiffs, &c., ii. p. 211. And of single defendant, ii. p. 212. Death of husband or wife, ii. p. 212. Defendant sentenced to state prison, civilly dead, ii. p. 212. Death after verdict, ii. p. 213. Death, &c. of executor plaintiff, or defendant, ii. p. 213, 214. Marriage of feme defendant, ii. p. 214. Of feme plaintiff, ii. p. 215. Suggestion of marriage after verdict, &c., ii. p. 215. Death or removal of trustee, &c., ii. p. 216. See" Scire facias." ABSENT AND ABSCONDING DEBTORS. See "Attachments against absent and absconding Debtors." ACCOUNT. Reference in actions of, ii. p. 178, 179. See "Personal actions." AC ETIAM. See "Capias ad respondendum." ACTIONS. General divisions, i. p. 1, 2. Are transitory or local, i. 85. Suits relating to real property, local, i. p. 86. Actions on contract transitory, i. 87. But not when founded on privity of estate, i. p. 87. When privity of contract transferred by statute, action made transitory, i. p. 87, 88. Action on lease transitory, if founded on privity of contract, i. p. 88. Scire facias on judgment local, i. p. 89. Actions on bail bonds and recognizances local, i. p. 89. Actions for torts transitory, i. p. 89. How of replevin, i. p. 89. Actions made local by statute, i. p. 90. ACTIONS. Transitory actions arising out of this state, may be brought here; Departures from this rule, i. p. 91. Die with the person or survive, i. p. 92. Old common law rule, i. p. 92. And present statutory regulations, i. p. 92. Parties to actions, i. p. 93. Plaintiffs in actions ex contractu, i. p. 93. Action to be brought by him who has legal right, i. p. 93. When agent may sue, i. p. 94. How of joint tenants, parceners, &c., i. p. 94. Where contract has been assigned, i. P. 95. On joint contract survivor sues, i. p. 95. Actions by heirs, executors, administrators, i. p. 96. When feme covert may sue; when to be joined, i. p. 97. Towns, counties, i. p. 97. Supervisors and other officers, i. p. 98. Effects of non-joinder or mis-joinder of plaintiffs, i. p. 98. Statutory provisions in actions against next of kin, legatees, &c., i. p. 103. And in actions against public officers, i. p. 103. Plaintiffs in actions ex delicto, i. p. 104. General rule, i. p. 104. Absolute and relative rights, i. p. 104. General and special property, i. p. 104. General-rule in cases of joint interest, i. p. 105. Joint owners of chattels, when to join, i. p. 105. Consequences of non-joinder and mis-joinder, i. p. 106. General rule, i. p. 107. All persons liable for torts, i. p. 107. And corporations, i. p. 107. And those who assist, assent, &c., i. p. 107. When master liable for acts of servant, i. p. 107. ACTIONS. Joint tenants, &c., to be joined, i. p. 108. Effects of mis-joinder and non-joinder, i. p. 109, 110. Plaintiff can have but one satisfaction, i. p. 110, 111. Mistake in the form of action, i. p. 111. Consequence of, and how taken advantage of, i. p. 111. Of actions ex contractu, i. p. 112. Actions ex delicto, i. p. 112. Joinder of actions, i. p. 112. When consolidation compelled, i. p. 112. General rule respecting, i. p. 112. Joinder of counts in the same action, i. p. 113. Counts in tort and contract cannot be joined, i. p. 113. Criterion as to joining actions, i. p. 113. Causes of action in different rights cannot be joined, i. p. 114. Limitation of actions, i. p. 115. Limitation of suits relating to real property, i. p. 116. When people barred and persons claiming under them, i. p. 116. Suit must be brought within one year after entry, and twenty years Presumption in favour of legal title, i. p. 117. Adverse possession; defined in certain cases, i. p. 117, 118. Effect of descent cast abolished, i. p. 119. Infants, persons insane, &c., excepted from operation of statute, i. And allowed ten years after disability removed, i. p. 119, 120. Recovery of mesne profits limited to six years, i. p. 120. Limitation of personal actions, i. p. 120. Actions barred in six years, i. p. 121. Assault and battery and false imprisonment barred in four years, i. Slander in two years, i. 121. Actions for escape in one year from escape, i. p. 121. Actions against sheriffs and coroners for official acts or omissions ni three years, i. p. 121. When cause of action deemed to have accrued in case of open ac- Provisions do not operate during continuance of disabilities, of in- Except in actions for escapes, i. p. 122. And do not apply to suits on notes, &c., of monied incorporations, i. Personal representatives allowed one year after death, i. p. 122. 97 ACTIONS. When actions for penalties barred, i. p. 123. General provisions applicable to all actions, i. p. 124. Limitation does not operate during disability as alien enemy, i. p. 124. Where judgment arrested or reversed, one year thereafter allowed, Where defendant dies before judgment, plaintiff allowed one year If action abate by death of plaintiff, executor &c., allowed one year, Injunction suspends operation of statute, i. p. 125. And privilege of members of congress, &c., in certain cases, i. p. 125. General provisions respecting disabilities, i. p. 126. Limitations of provisions, i. p. 127. Presumption of payment of judgments, 127, 128. Of specialties, i. p. 128. Provisions applicable to executors and administrators, i. p. 128, 129, 130. Of writs of error, i. p. 130. Judicial decisions on statute, i. p. 131. Applies to contracts made abroad, i. p. 131. Construction of words "return into state," &c., i. p. 132. All joint plaintiffs must be under disability, i. p. 132. Complete cause of action must exist before statute begins to run, i. A new promise takes case out of statute, i. p. 135. Extent and effect of new promise, i. p. 135, 136. Will be implied from indirect admission, i. p. 137. But not so as to do violence to the whole admission taken toge ther, i. p. 138, 139. An admission of the breach of a contract or of a tort, will not take case out of statute, i. p. 140. See "Personal actions," "Suits relating to real property," "Scire fa- ADMEASUREMENT OF DOWER. ADMINISTRATORS. See "Executors and administrators." AFFIDAVITS. How taken, and by whom, ii. p. 53. Cannot be taken by attorney in the cause, ii. p. 54. When they may be read, ii. p. 54. How to be authenticated, ii. p. 54. See "Evidence." Affidavits on motion must be filed, ii. p. 54. Entitling affidavits, ii. p. 55. General rule, ii. p. 55. Rule stricter with respect to affidavits than other papers, ii. p. 55. 57. How entitled in particular cases, ii. p. 57, 58. General form, &c., ii. p. 58, 59. Jurat and subscription, ii. p. 59. Copies of; what requisite in, ii. p. 60. Counter affidavits, ii. p. 60. To oppose a motion, ii. p. 60. In support of a motion, ii. P. Service of, ii. p. 61. 60. Affidavits on motions; how compelled, ii. p. 61. AGENT. See "Attorney." AGREEMENT. Between parties or their attornies in S. C. to be in writing, ii. p. 52. ALLEGING DIMINUTION. See "Error." AMBASSADORS. See "Privilege from arrest." AMENDMENTS. When proceedings amendable at common law, i. p. 595. Certain defects cured, enumerated, i. p. 596, 597, 598. Distinction between defects cured after verdict and after judgment by default, i. 598, 599, 600. Amendments made when required by justice, i. p. 600. Must be something to amend by, i. p. 601. Amendment may be made in any stage of proceedings, i. p. 601. Motion to amend, i. P. 602. Order of court requisite, i. p. 602. Provisions of statute extend to all actions, i. p. 602. ANNUITY. Action of, obsolete, i. p. 2. APPEARANCE. Before appearance plaintiff can have no judgment, i. p. 393. In what manner it may be, i. p. 393. Notice of retainer not equivalent to, i. p. 393. Special provisions respecting joint debtors, i. p. 394. Executors and administrators, i. p. 394. |