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TABLE OF CONTENTS.
CHAPTER I.
PROCEDURE BY WHICH THE COURT ACQUIRES POWER TO TRANSFER REAL
ESTATE FROM ONE PERSON TO ANOTHER
SECTION
JURISDICTION.
PAGE
1. Preliminary statement
1
2. Duty of counsel in courts in proceedings for sale or transfer
of real estate by judicial process..
2
3. Jurisdiction of courts-Judicial sale-Proceedings, sale void
without...
4. Jurisdiction-Provisions of the Constitution as to.
5. Jurisdiction-Creation of superior court....
6. Jurisdiction of superior court-Proceedings in-Custer county
superior court...
7. Jurisdiction-County courts-Procedure in.
Jurisdiction-District court
8.
9. Probate jurisdiction of the county court..
4
6
7
77
8
3
10. Proceedings of county court, how construed-Effect of its
process and judgment...
11. The issuance and service of process in the county court..
12. Under substitution of jurisdiction, rights remain the same..
13. May exercise what powers out of court. . . . . .
14. Where wills may be proved and testamentary letters must be
granted
10
15. Other instances of jurisdiction of county other than that of
the residents of decedent..
16. County in which application is first made-Jurisdiction....
THE PROCEDURE BY WHICH THE COURT ACQUIRES POWER TO TRANSFER
REAL ESTATE FROM ONE PERSON TO ANOTHER-VENUE OF THE ACTION.
17. Actions local and transitory.....
12
18. Venue Ejectment-Quiet title-Partition-For sale of real
property
13
19. Venue 9 what must appear in the pleading as to.
18
vii
20. Venue-Real property in one or more tracts in two or more
counties-Action may be brought in either-Specific per-
formance
21. Venue-Actions against officers must be brought where cause
of action arose, except......
19
22. Venue The action against a domestic corporation other than
an insurance company...
23. Venue Actions against transportation or transmission com-
panies-Turnpike road companies...
24. Venue Where domestic charter provides place for suit.
25. Venue The action against a nonresident or foreign corpora-
tion
26. Venue Where every other action must be brought..
Venue-The action for divorce....
27.
CHAPTER III.
THE PROCEDURE BY WHICH A COURT ACQUIRES POWER TO TRANSFER REAL
ESTATE FROM ONE PERSON TO ANOTHER-THE COMMENCEMENT OF THE
ACTION.
28. Preliminary statement
29. The action-How commenced.
30. Copy of the petition need not accompany the summons-How
copy obtained
31. The praecipe-The summons and its requisite..
32.
Summons not fatally defective, when-Summons in foreclosure
-Judgment for more than amount indorsed on summons.
33. Summons may issue to another county, when..
Summons-Service and return...
34.
35. The summons-The return of the sheriff may be corrected by
amendment
36. How objection made to irregular service-May plead to merits
without entering appearance, how....
37. Evidence may be given in aid of sheriff's return, when....
35
38.
Alias summons may issue, when...
36
39. By whom summons may be served..
40. Summons-Service by responsible citizen-Verification of re-
turn
37
.....
41. Summons-Service personal-Place of residence.
42. Return must state what...
39
43. Does the return of the sheriff import absolute verity?.
44.
The officer's return may be corrected by amendment..
42
45. When acknowledgment of service equivalent to service of sum-
47. Constitutional provision as to service of summons upon foreign
corporation
45
48. Foreign corporation required to file copy of charter must ap-
point resident agent upon whom summons may be served..
49. When no resident agent designated, service of summons upon
foreign corporation may be upon secretary of state.......
50. Summons on railroad and state company-Designated agent...
51. Summons-Certificate of appointment of designated agent....
52. Failure to designate agent, local agent may be served, when..
53. Service by leaving copy at residence of agent....
54. Service on insurance company.
55. Service on managing agent....
56. Constructive service on nonresident by publication..
57. The affidavit required for service by publication...
58. Application to set aside constructive service and proceedings
under it not a collateral attack, when.....
59. The affidavit for service by publication may be corrected by
amendment, when....
60. Service by publication, when and how made...
61. Service by publication complete, when-Proof of publication...
62. The affidavit in proof of publication of notice may be amended
63. When personal service of summons may be made out of the
64. Judgment on service by publication may be opened up, how-
Procedure as to-Good faith purchasers...
64
65. Service by publication on unknown heirs....
66. Procedure where part only of the defendants are served..
67. Procedure against several defendants on promissory note...
68. Procedure where one of a partnership has been served....
69. Judgment in the action no bar against defendant not served..
70. Lis pendens-No notice, if service be not had..
71. Judgment a lien on land in other county, when...
CHAPTER IV.
65
66
67
ACTIONS BY OR AGAINST INFANTS AFFECTING REAL ESTATE.
72. Actions by or against infants-History of the law as to the
duties of next friend and guardian ad litem...
73. Actions by or against infants-Court has power to order pay-
ment of fee for guardian ad litem...
7.1
74. Actions by or against infants-The guardian ad litem may
employ an attorney, when.....
75. Actions by or against infants-Guardian ad litem allowed at-
torney's fee for counsel employed by him in allowance of
his own account, when... . . .
73
76. Actions by or against infants-Nature of the duties of the
guardian ad litem....
....
77. Actions by or against infants-The next friend no party to the
action-May employ counsel...
76
78. Actions by or against infants-The next friend and guardian
ad litem perform the same functions..
79. Actions by or against infants-Statutory provisions..
80.
Actions by or against infants-The service of summons upon
an infant under fourteen years of age-Over fourteen years
of age......
81. Actions by or against infants-Where infant not served judg
ment void...
79
82. Action by infant after disability of infancy removed-Pro-
cedure in action on becoming of age.....
82a. Restoration of purchase money in suits to disaffirm deed..
82b. Conveyance by minor Creek freedman void....
CHAPTER V.
THE LAW AND PROCEDURE BY WHICH REAL ESTATE IS SOLD UNDER EXECU-
TION AND ORDERS OF SALE-THE JUDGMENT.
Preliminary statement.....
83.
84
84. What is a judgment and what is an order...
85. The judgment must be confined to the issues.
86. The judgment must conform to the verdict...
87. Judgments without jurisdiction of the parties or the subject-
matter are void...
89
88. Judgments import absolute verity and cannot be collaterally
attacked
91
89. Judgment of the court as between the parties, final..
92
90.
The effect of the finding of the court of facts giving it power
to enter judgment..
94
91. Effect of void and voidable judgments..
95
92. Void judgments. . . . .
97
93. Judgments may determine ultimate right of parties-Judg.
ment may be rendered against one or more parties.....
Dismissal may not affect set-off or counterclaim, when....
97. The judgment in an action to enforce a mortgage or other lien
-The order of sale......
100
98. Judgment ordering conveyance-By whom and how secured....
99. Judgment-Failure to answer-Court may take an account..
100. Judgment by confession.
101
102
101. Judgment confessed by warrant of attorney..
102. Cause of action must be stated briefly in judgment.
103
103.
106.
Affidavit must be filed before judgment....
104. Judgment by confession enforced as other judgments..
105. Warrant confessing judgment to be filed..
Confession of judgment by prisoner..
107. Judgment must conform to the verdict..
104
110. Judgment where counterclaim or set-off exceeds plaintiff's
claim
111. Judgment on the pleadings.
112. Judgments concerning infants set aside, when.....
105
113. Judgments in district court on cases appealed from county
court
106
114. Judgment and orders to be entered on journal...
115. The clerk to make complete record in case, when.
108
116. Judge may sign record at next term...
117. What papers constitute complete record...
118. Upon failure of clerk to make complete record, court may do so
122. Judgment of county court lien on real estate..
111
123. Lien on real estate-Lien dates from, when-Lien on judgment
from another county, how secured....
124. Judgment recorded in office of register of deeds-Effect of...
125. Res adjudicata..
128. The procedure by which judgment is obtained on warrant of
attorney to confess judgment-Form for the petition....
THE LAW AND PROCEDURE BY WHICH REAL ESTATE IS SOLD UNDER LEVY
135. The property bound from the time of the levy.
123
136. The judgment becomes dormant, when..
137. The command of the execution....
125
138. The priority in case of several levies-The office must endorse
on the writ the date he received it...
126
139. If no goods to levy on real estate.....
127
140. The officer may require bond before levying on goods claimed
by third party....
128
141. When the officer may take a bond and leave the goods in the
possession of the defendant.
142. The notice of sale-Inventory-Goods taken on execution....
129