[1881 S., p. 240. In force September 19, 1881.] 307. Real actions in county where land lies. 30. Actions for the following causes must be commenced in the county in which the subject of the action, or some part thereof, is situated: First. For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property. Second. For the partition of real property. Third. For the foreclosure of a mortgage of real property. (28.) 1. A railroad company is a resident of any county in which it has an agent or officer upon whom process can be served.-Toledo, etc., R. R. Co. v. Owen, 43 Ind. 405. 2. Replevin may be brought in the county where the defendant resides.-Hodson v. Warner, 60 Ind. 214. 3. The Circuit Court of an old county has jurisdiction in suits concerning the lands in the new county prior to the time fixed for holding Courts in the new.-Milk v. Kent, 60 Ind. 226. 4. An action for specific performance must be commenced in the county where the land lies.-Parker v. McAllister, 14 Ind. 12. 5. So, with an action to set aside a fraudulent conveyance.-New Albany, etc., R. R. Co. v. Huff, 19 Ind. 444. 6. This is a section defining jurisdiction, not venue.-Loeb v. Mathis, 37 Ind. 306. 308. Actions for penalties, etc., where commenced. 31. Actions for the following causes must be commenced in the county where the cause, or some part thereof, arose: First. For the recovery of a penalty or forfeiture imposed by statute; except when imposed for an offense committed on a lake or river or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed. Second. Against a public officer or person specially appointed to execute his duties, for an act done by him in virtue of his office; or against a person who, by his command or in his aid, shall do any thing touching the duties of such officer. In all cases enumerated in this and the section immediately preceding it, process may issue to and be served in any county in this State. (29.) 309. Corporations, etc.— Agency. 32. When a corporation, company, or an individual has an office or agency in any county for the transaction of business, any action growing out of, or connected with, the business of such office may be brought in the county where the office or agency is located, at the option of the plaintiff, as though the principal resided therein; and service upon any agent or clerk employed in the office or agency shall be sufficient service upon the principal; or process may be sent to any county, and served upon the principal. (30.) 310. Wills. 33. An action to establish or set aside a will must be brought in the county in which the will, if valid, ought, according to law, to be proved and recorded. (31.) 311. Railroads and other carriers. 34. An action against a railroad or canal corporation or company, or owner of a line of stages or coaches, for an injury to person or property upon the railroad, canal, or line of stages or coaches of the defendant, or upon a liability as a carrier, may be brought in any county through or into which such railroad, canal, or line of stages or coaches passes; and the summons may be served in any county in the State. (32.) 312. Residents and non-residents Assignees. 35. In all other cases, the action shall be commenced in the county where the defendants, or one of them, has his usual place of residence. Where there are several defendants, residing in different counties, the action may be brought in any county where either defendant resides, and a separate summons may be issued to any other county where the other defendants may be found; and in cases of non-residents, or persons having no permanent residence in the State, action may be commenced and process served in any county where they may be found. But any action brought by the assignee of a claim, arising out of contract, whether assigned in writing or by delivery, shall be commenced in the county where one or more of the parties immediately liable to judgment and execution reside, and not elsewhere. (33.) 313. Foreign corporations. 36. Actions may be brought against a corporation created by or under the laws of any other State, Government, or country, in any Court having jurisdiction of the amount demanded, by any person having a cause of action, in any county within the State, where any property, moneys, credits or effects belonging or due to the corporation may be found. (681.) [2 R. S. 1852, p. 222, § 796. In force May 6th, 1853.] 313a. Corporation, where sued. Any action against a corporation may be brought in any county, where the corporation has an office for the transaction of business, or any person resides upon whom process may be served against such corporation, unless otherwise provided in this act. 1. This section was omitted from the R. S. 1881, but is still in force.-Evansville and Indianapolis R. R. Co. v. Spellbring, 1 App. 167. [1899 S., p. 13. Approved February 7, 1899.] 313b. Corporation, where sued. 1. That any action against any corporation, organized under any law in this State, may be brought in any county where such corporation has an office or agency for the transaction of business, or in which any person resides upon whom process may be served against such corporation. SEC. ARTICLE 8-ACTIONS, HOW COMMENCED. 314. Filing complaint-Summons. 315. Service-Guardian ad litem for insane. 316. Service on corporations. 317. Summons and service, when good. 318. Notice by publication. 318a-318e. Manner of publication. 319. Personal service without the State-Proof. [1881 S., p. 240. Sheriff 327. Index of Clerk. 328. Fees of Clerk. 329. Satisfaction of lien - Costs. 330. Dismissal of attachment, etc. - Certificate331. Failure to file notice-Effect. 332. Judgment liens not affected. 1332a. Orders affecting real estate. In force September 19, 1881.1 314. Filing complaint - Summons. 55. A civil action shall be commenced, by filing in the office of the Clerk a complaint, and causing a summons to issue thereon; and the action shall be deemed to be commenced from the time of issuing the summons; but as to those against whom publication is made, from the time of the rst publication. The summons shall be issued by the Clerk, under the seal of the Court, and directed to the Sheriff, and shall notify the defendant of the action commenced, the parties thereto, and the Court where pending. (34) 1. Jurisdiction of the person of a defendant in a civil action can only be had by the Issuing of summons, and service thereof in one of the modes prescribed by the statute, or by voluntary appearance in person or by attorney.-McCormick v. Bank, 53 Ind. 466. 2. An infant may be deputed to serve a particular writ, though he could not serve as deputy generally.-New Albany, etc., R. R. Co. v. Grooms, 9 Ind. 243. 315. Service-Guardian ad litem for insane. 56. The summons shall be served, either personally on the defendant, or by leaving a copy thereof at his usual or last place of residence. An acknowledgment on the back of the process, or the voluntary appearance of a defendant, is equivalent to service. Process against persons of unsound mind shall be served upon the guardian of such persons, if there be a guardian. If no guardian shall have been appointed, then such process shall be served, by copy, upon the Superintendent of the hospital in which such persons shall be confined, or upon the person having charge or custody of such person; in which case, upon proof of the insanity of the defendant, the Court shall appoint a guardian ad litem for such defendant, whose duty it shall be to make proper defense to such action. (35.) 1. A general appearance waives any defect in process.-Floyd, etc., Association v. Tompkins, 23 Ind. 348; Topf v. King, 26 id. 391. 316. Service on corporations. 57. The process against either a domestic or foreign corporation may be served on the president, presiding officer, chairman of the board of trustees, or other chief officer (or if its chief officer is not found in the county, then upon its cashier, treasurer, director, secretary, clerk, general or special agent), or if it is a municipal corporation, upon its Mayor, Marshal, or if it is an incorporated library company, upon its librarian. If none of the aforesaid officers can be found, then upon any person authorized to transact business in the name of such corporation, and if no such person, officer or agent be found in the county where suit is pending, process may be sent for service to any other county in the State where such person, officer or agent may be found. In case of a corporation operating a steamboat or steamboats, process against such corporation, if none of the aforementioned persons upon whom service can be made is found in the county in which said process issued, then such process may be served upon any wharf master of any wharf boat in the State over and upon which said corporation receives or discharges freight, or passengers: Provided, however, That process shall not be served upon any such person, officer or agent, when he is plaintiff in the suit; but in such cases process shall be served upon some other such person, officer or agent of the corporation than such plaintiff; and in case the defendant be a foreign corporation, having no such person, officer or agent, resident in the State, service may be made in the same manner as against other non-residents. [As amended, 1893 S., p. 152. In force May 18, 1893. I. This section designates three classes of persons upon whom process may be served: First, chief officers; second, secondary officers; third, any person authorized to do business for the corporation.-Toledo, etc., R. R. Co. v. Owen, 43 Ind. 405. 2. A local freight agent is a general agent of the railroad company, and service upon him is good, though there be a superintendent and director of the company residing in the same county.-Id. 3. Service against a “school city" must be served upon the Trustees thereof.—City v. Day, 55 Ind. 7. 4. Service upon the local agent of a telegraph company, showing that no higher officer was in the bailiwick, is sufficient.-Western, etc., Tel. Co. v. Lindley, 62 Ind. 371. 317. Summons and service, when good. 58. No summons, or the service thereof, shall be set aside, or be adjudged insufficient, where there is sufficient substance about either to inform the party on whom it may be served, that there is an action instituted against him in Court, the name of the plaintiff and the Court, and the time when he is required to appear. (37.) 1. This section refers to the manner only of service, not to the person by whom it may be made. Kyle v. Kyle, 55 Ind. 387; Hadley v. Gutridge, 58 id. 302; Board v. Verbarg, 63 id. 109. 2. Service made by an unauthorized person does not confer jurisdiction.—Kyle v. Kyle, 55 Ind. 387. 3. Service of a summons can only be made by the Sheriff or some one by him deputed for that purpose.-Id. 318. Notice by publication. 59. The Clerk, by order of the Court if in session, or in vacation without such order, shall cause a notice of the pendency of any action, and the term at which the same will stand for trial, to be published, for three weeks successively, in some newspaper of general circulation, named by the plaintiff or his attorney, printed in the English language, and published in the county (or if none be printed or published therein, then in the county in this State nearest thereto in which any such paper may be printed), in either of the following cases, shown by affidavit: First. Where the defendant is a foreign corporation, and has property within the State, or the cause of action arose therein. Second. Where the defendant, being a resident of the State of Indiana, has departed therefrom, with intent to defraud his creditors, or to avoid the service of the summons, or keeps himself concealed therein with like intent. Third. Where the defendant is not a resident of the State, and the cause of action is founded upon or connected with a contract, or arises from a duty imposed by law, in relation to real estate in this State, or the object of the action is to enforce or discharge a lien, or to obtain a divorce, or to try and determine or quiet the title to, or possession of, real estate or any interest therein, or to enforce the collection of any demand by proceedings in garnishment or attachment, or where the object is to obtain a review of a judgment, or to procure a new trial, or to set aside a judgment, or to enforce satisfaction of a judgment or mortgage, or to set aside an entry of satisfaction of a judgment, mortgage or other lien, or to set aside a sale of real estate, or to set aside a return of the sheriff on an execution or other writ. Fourth. Where the residence of any defendant, upon diligent inquiry, is unknown. Fifth. Where the name of any defendant is unknown, and he is believed to be a non-resident. (38.) Sixth. When the defendant is not a resident of the State of Indiana, and the object of the action is to enforce the partition of real estate. [As amended by Act approved April 8, 1885. L. 1885, p. 155. 1. "Publication for three weeks" T. City, 56 Ind. 253. means twenty-one days, not merely three insertions.-Loughridge 2. A mistake, in the notice, of a middle letter in name of the party, or time of holding Court, does not avoid the proceedings.-Morgan v. Woods, 33 Ind. 23. 3. Publication may be made against a defendant in bastardy.-Davidson v. State, 62 Ind. 276. [1883 S., p. 50. In force March 1, 1883.] 318a. Legal advertising. 1. In any county in this State containing a city with a voting population of 16,000 and over, as shown by the poll of the last general election, and having published therein three or more daily newspapers of general circulation therein, all advertising required by law growing out of the duty of any city, county or township officer, executor, administrator, guardian, trustee, assignee, or any unofficial person or persons, or a corporation, in a suit by such corporation, shall be done in some one of the daily newspapers of said city, of general circulation in said city and county. 3186. Designation of newspaper. 2. In all advertising contemplated by the provisions of the preceding section, the plaintiff or party ordering the advertising shall have the right to designate the paper in which said advertising shall be done, excepting as to the printing of the delinquent list. 318c. Repealing clause. 3. All laws, or parts of laws, in conflict with the provisions of this act are hereby repealed. [1883 S., p. 77. In force March 3, 1883.] 318d. Repeals the last foregoing act. 1. An act entitled "An act concerning legal advertising in certain cases, and repealing all laws in conflict therewith, and declaring an emergency," approved March 1, 1883, be and the same is hereby repealed. [1883 S., p. 134. In force March 6, 1883.] 318e. Revives former statutes. 1. All laws providing for and regulating all advertising required by law, or growing out of the duty of any city, county or township officer, executor, administrator, guardian, trustee, assignee or any unofficial person or persons or a corporation, in a suit by such corporation, and which may have been repealed by the said repealed act as above recited, are hereby revived, and the said repealing act, to which this act is supplemental, shall be so construed as that such laws were revived thereby, the same as if such revival had been expressly provided in said repealing act. 319. Personal service without the State - Proof. 61. When the defendant is a non-resident, personal service of the summons out of the State is equivalent to publication; and such service may be proved by the affidavit of a competent person, made before any officer authorized to administer oaths; which affidavit shall state the time and place and mode of giving the notice, and set forth that the person thus served with notice is the identical person named in the action or proceeding, or the identity of the person may be proved by the affidavit of the plaintiff or any other person. (39.) 1. Personal service upon a party residing out of the State is equivalent to publication; but neither authorizes a personal judgment.-Allen v. Cox, 11 Ind. 383. 320. Proceedings, when part only are served. 62. Where the action is against two or more defendants, and the summons is served on one or more, but not all of them, the plaintiff may proceed as follows: First. If the action be against defendants jointly indebted on contract, he may proceed against the defendant served; and if he recover judgment it may be enforced against the joint property of all and the separate property of the defendant served. Second. If the action be against defendants severally liable, he may proceed against the defendants served in the same manner as if they were the only defendants, and may afterward proceed against those not served. Third. If all the defendants have been served, judgment may be taken against any or either of them severally, when the plaintiff would be entitled to judgment against such defendant or defendants, if the action had been against them, or any of them alone. (41.) 321. Proceedings against joint debtors not summoned, when. 723. In all cases where judgment has heretofore been, or shall hereafter be, recovered against one or more persons jointly liable on contract, but such judgment has been, or shall be, rendered only against part of the persons liable, for the reason that the others were not summoned and did not appear, the plaintiff may proceed against those not summoned and who did not appear, in the same manner as if they were alone liable, but the complaint must allege the facts aforesaid. (641.) 322. Return of not found as to part. 63. When there is a return of "not found" as to any of the defendants, such return shall be suggested on the record, and the plaintiff may continue the cause, as to them, for another summons, at his option; and he may, in either case, proceed against the defendants served in time. (42.) 1. It is only necessary that "not found" be suggested on the record: the full return need not be entered. Erwin v. Scotten, 40 Ind. 389. 323. Plaintiff's privilege when part are served. 429. When the summons has been served in due time on part only of the defendants, the plaintiff may dismiss, or continue for further proceedings, his action as to those not summoned, or not summoned in time, and proceed to trial as to the others, or continue as to all of them, at his option. (362.) 324. Lis Pendens Record. 72. There shall be kept in the office of the Clerk of the several Circuit Courts of this State a book to be called the " Lis Pen dens Record," which shall be a public record. 325. Notice by party Contents Filing, SEC. 1. Be it enacted by the General Assembly of the State of Indiana, 73. That whenever any suit shall be commenced upon any bond payable to the state of Indiana, in any of the courts of this state, it shall be the duty of the plaintiff in such case, to file with the county clerk, a written notice, containing the title of the court, the names of all the parties to such suit, and a statement that it is upon an official bond: and whenever any person shall have commenced a suit, whether by complaint as plaintiff, or by cross complaint as defendant, to enforce any lien upon, right to, or interest in, any real estate, upon any claim not founded upon an instrument executed by the party having the legal title to such real estate, as appears from the proper records of such county, and recorded as by law required; or not founded upon a judgment of record in the county wherein such real estate is situated, against the party having the legal title to such real estate, as appears from such proper records, it shall be the duty of such person to file with the clerk of the circuit court in each county where the real estate sought to be affected is situated, a written notice containing the title of the court, the names of all the parties to such suit, a description of the real estate to be affected, and the nature of the lien, right, or interest sought to be enforced against the same; which notices shall, upon the payment of the proper fees, be immediately recorded in said "Lis Pendens Record" by the clerk, who shall note upon the record the day and hour when said notice was filed and recorded. [As amended, 1889 S., p. 201. In force May 10, 1889. |