son to whom the transfer is made to be substituted in

the action.

Amended Code, § 121.

§ 613. The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in. And when, in an action for the recovery of real or personal property, a person, not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by the proper amendment.

Amended Code, § 122.

§ 614. A defendant, against whom an action is pending, upon a contract, or for specific, real, or personal property, may, at any time before answer, upon affidavit, that a person, not a party to the action, and without collusion with him, makes against him a demand for the same debt or property, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person as the court may direct. And the court, after notice to the plaintiff and such person, may, in its discretion, make the order;

and thereupon the substituted defendant shall stand in the place of the original defendant, and the latter be discharged from liability to either party.

The object of this section is to save the necessity, in most cases, of an action to compel two parties, claiming the same thing, to settle the controversy between them by interpleading. The interpleader act in England was passed for the same purpose.

§ 615. When two or more persons, associated in any business, transact such business under a common name, whether it comprise the names of such persons or not, the associates may be sued by such common name, the summons in such case being served on one or more of the associates; and the judgment in the action shall bind the joint property of all the associates in the same manner as if all had been named defendants, and had been sued upon their joint liability. Any one of the associates may also be sued for the obligation of all.

See Laws of 1836, chap. 385.

TITLE IV.

OF THE PLACE OF TRIAL OF CIVIL ACTIONS.

SECTION 616. Certain actions to be tried where the subject or some part thereof

is situated.

617. Other actions, where the cause or some part thereof arose.

618. Other actions according to the residence of the parties.

619. Action may be tried in any county unless defendant demand trial in proper county.

620. Place of trial may be changed in certain cases.

§ 616. Actions for the following causes, must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of

the court to change the place of trial, as provided in section 620:

1. 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:

2. For the partition of real property:

3. For the foreclosure of a mortgage of real property: 4. For the recovery of personal property, distrained for any cause.

Amended Code, § 123.

§ 617. Actions for the following causes, must be tried in the county where the cause or some part thereof arose, subject to the like power of the court, to change the place of trial, as,

1. For the recovery of a penalty or forfeiture imposed by statute; except, that when it is imposed for an offence committed on a lake, 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 offence was committed:

2. 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, does anything touching the duties of such officer.

Amended Code, § 124.

§ 618. In all other cases, the action must be tried in the county in which the parties or some of them reside at the commencement of the action; or if none of the parties reside in the state, the same may be tried in any county which the plaintiff may designate in his complaint; subject, however to the power of the court to change the place of trial, as provided in section 620.

Amended Code, § 125.

§ 619. If the county designated for that purpose in the complaint, be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant before the time for answering expire, demand in writing that the trial be had in the proper county, and the place of trial be thereupon changed by consent of parties, or by the order of the court, as provided in the next section.

Amended Code, § 126.

§ 620. The court may change the place of trial on the application of all the defendants, who answer in the following cases:

1. When the county designated for that purpose in the complaint is not the proper county:

2. When there is reason to believe that an impartial trial cannot be had therein :

3. When the convenience of witnesses and the ends

of justice would be promoted by the change.

New, for the purpose of declaring the cases in which the place of trial may be changed by order of the court.

TITLE V.

OF THE MANNER OF COMMENCING CIVIL ACTIONS.

SECTION 621. Actions, how commenced.

622. Summons, requisites of.

623. Notice to be inserted in certain actions.

624. Complaint need not be served with summons in certain cases.
625. Defendant unreasonably defending, when to pay costs.

626. Notice of pendency of action affecting title to real property.

627. Summons, by whom served.

628. Summons, how served and returned.

629.

Publication when defendant cannot be found.

630. Manner of publication.

631. Defendant may be afterwards let in to defend.

632. Proceedings when there are several defendants, and part only served 633. Service of summons, how proved.

634. When jurisdiction of action acquired.

§ 621. Civil actions in the courts of this state must be commenced by the service of a summons.

Amended Code, § 127.

§ 622. The summons must be subscribed by the plaintiff, or his attorney, and directed to the defendant, requiring him to answer the complaint, and serve a copy of his answer on the person whose name is subscribed to the summons, at a place within the state, therein specified, in which there is a post office, within twenty days after the service of the summons, exclusive of the day of service.

Amended Code, § 128.

§ 623. The plaintiff must also insert in the summons a notice, in substance as follows:

1. In an action, arising on obligation for the recovery of money only, that he will take judgment for a