Page:1862 Territory of Dakota Session Laws.pdf/565

JUSTICES OF THE PEACE-Continued.

if both parties fail to enter appeal, 347.

if appellant fail to recover larger amount, to pay costs of appeal, 348.

when appeal dismissed, &c., Surety liable, 348.

when district court quashes appeal, order to be lodged with justice, 348.

when undertaking may be changed or renewed, 348.

appeals not allowed, in what cases, 348.

when term of between date of judgment and appeal, 348.

Of the Action for the Forcible Entry and Detention or Forcible Detention Only of Property, 849.

justice may inquire into entry and detention, 849.

proceedings had, in what cases, 849.

judgment not bar to after action, 349.

actions, how commenced, 349.

summons not to issue until plaintiff files complaint, 350.

summons to state what, and when served, 350.

if defendant does not appear, 350.

no continuance longer than eight days, without undertaking given, 350.

of trial and judgment, 350.

if jury demanded-proceedings and their verdict, 350.

justice enter verdict and render judgment, 351.

exceptions may be taken, 351.

in case of judgment of restitution – form of writ, 351.

of execution of writ, &c., 351.

Of the Replevin of Property.

petition in replevin, sworn to and state what, 862.

affiant shall execute bond, which shall be filed, 862.

justice to issue writ, &c., directing sheriff or constable, how, 862.

when property is removed to another county, 362.

sheriff or constable may break open dwelling, when, 868.

when property is disposed of or concealed, 363.

of the return and its contents, 853.

deliver property to plaintiff, 853.

if third person claim property, 863

judgment determine right to property, &c., 868.

party entitled thereto may have execution, for what, 854.

when it appears that property has been concealed or removed by other party, 854.

Exectution-Return-Stay of Execution-Notice of Sale-Delivery-Undertaking, 364.

when and by whom execution may issue, 854.

justice issue execution without demand, except when, 354.

person may have stay of execution, how, 854.

stay shall be for how long, 865.

no stay of execution, in what cases, 356.

when execution recalled, 866.

when bail shall remove to other parts, 356.

when surety may be obliged to pay judgment, 866.

if judgment debtor enter into further undertaking, 356.

when judgment obtained against bail, 356.

when surety deemed insufficient, 356.

of the execution, 367.

upon an an execution against joint debtors, 357.

when constable is liable for amount of execution, 867.

when execution is returned unsatisfied, 357.

when defendant dies before judgment is satisfied, 358.

Sale on Execution.

notice of, 358.