Page:1862 Territory of Dakota Session Laws.pdf/544

CAUSES OF in CIVIL PROCEDURE - Continued. when trial by jury, judgment how rendered, 114. when verdict is special, 114. when judgment contrary to verdict, 114. if counter claim or set-off exceeds claim, 114. infant may show cause against order, after arriving at age of twenty-one, 114. judgments and orders to be entered on journal, 114. clerk make complete record of cause, unless waived, as soon as determined, 114. to be made in vacation and signed by judge at next term, 114. made up from what, 114. h when acts and proceedings of court have not been brought up, 115. no complete record shall be made, 116. where action dismissed without prejudice, record may be made, 115. complete record made, when defendant proceeds to trial without plaintiff, 116. Conveyance by Commissioners, 116. real property may be conveyed by, when, 115. sheriff as commissioner, 116. sales to conform to law, 116. commissioner's deed executed, acknowledged, and recorded, same as sheriff's, 116. OF ACTION WHICH SURVIVE, AND ABATEMENT OF ACTIONS, 116. REVIVOR -- of Actions, 116. one of several plaintiffs or defendants dies, action may proceed with the re- mainder, 116. when one of the parties dies, 117. how it may be revived in names of representatives, 117. order may be made on motion of whom, 117. if by consent of parties, and if not by consent, 117. f representatives of defendants are non-residents, or conceal themselves, 117. upon death of plaintiff , how revived, 118. upon death of defendant, revivor against representative or heirs, 118. same in an action for recovery of real property, 118. order to revive within one year, if against representative, 118. order when made in other cases, 118. when action may be stricken from docket, 118. defendant may move an order strike from docket, when, 119. when an action stands revived; it shall proceed as if no cessation had occurred, 119. Revivor and new Parties to Judgment. when persons may be made parties to judgment, 119. if either or both parties dies after judgment and before satisfaction, 119. if judgment become dormant, how revived, 119. EXECUTIONS. how issued and directed, 119. kinds of executions, 120. Against the Property of the Judgment Debtor, 120. what property liable to be taken, 120. lands, goods, and chattels, bound from time of seizure, 120. execution must be sued out within five years, 120. contents of the writ of execution, 120. when two or more writs against the same debtor shall be delivered to officer at or about same day, 120. in what order property shall be levied upon, 121. if officer levies upon property claimed by other than defendant, jury of disinterested men to be summoned, &c., 121. jury to be sworn, and their duties, 122. in case goods and chattels taken in execution, remain unsold, 123. officer to give notice of sale, how, 128. if property unsold be deemed insufficient to satisfy judgment, 123.