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CHAPTER 90. Of trial by referees.
CHAPTER 92. Of new trial.
CHAPTER 93. Of judgments.
CHAPTER 94. Of executions.
CHAPTER 95. Of proceedings supplementary to execution.
CHAPTER 96. Of commissioner to convey real estate.
CHAPTER 97. Of the limitation of actions.
CHAPTER 98. Of costs.
CHAPTER 99. Of proceedings to review judgments.
OF THE FORMS OF CIVIL ACTIONS, AND THE PARTIES THERETO.
13. Parties to be plaintiff's or defendants, according to interest.
14. When one person or more may sue or defend for the benefit of many.
15. Parties severally liable, may be included
16. When an action shall not abate.
18. Persons having an interest may, on ap-
19. When a party may substitute another in his place.
20. When an unmarried female may bring an action for seduction.
21. When father, or mother, may bring an action for seduction.
SECTION 1. The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and there shall be in this District hereafter but one form of action for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
SEC. 2. In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defendant.
SEC. 3. Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in this chapter; but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract.
SEC. 4. In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defence existing before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred, in good faith and upon valuable consideration, before due.
SEC. 5. An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for whose benefit it is prosecuted. It shall not be necessary to make an insane person a joint party with his guardian or committee, except as may be required by statute.
SEC. 6. In all cases where actions survive, they may be commenced by or against the representatives of the deceased, to whom the interest of the subject-matter of the action has passed.
SEC. 7. When a married woman is a party, her husband must be joined with her; except
First. When the action concerns her separate property, she may sue alone.
Second. When the action is between herself and her husband, she may sue and be sued alone; but when her husband cannot be joined with her, as is herein provided, and she is an infant under twenty-one years of age, she shall prosecute and defend by her next friend.
SEC. 8. If a husband and wife be sued together, the wife may defend in her own right; and if the husband neglect to defend, she may defend in his right also.
SEC. 9. The action of an infant must be brought by his guardian or next friend. When the action is brought by his next friend, the court shall have power to dismiss it, if it is not for the benefit of the infant, or to substitute the guardian of the infant, or any person as the next friend.
SEC. 10. The defence of an infant shall be by guardian for the suit, who may be appointed by the court in which the action is prosecuted. The appointment may be made upon the application of the infant, if
he be of the age of fourteen years, and apply within fifteen days after the return of the summons. If he be under the age of fourteen, or neglect so to apply, the appointment may be made upon the application of any friend of the infant, or on that of the plaintiff in the
SEC. 11. All persons having an interest in the subject of the action and in obtaining the relief demanded, shall be joined as plaintiffs, except as otherwise provided in this chapter.
SEC. 12. Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the questions involved therein.
SEC. 13. Of the parties to the action, those who are united in interest shall be joined as plaintiffs or defendants; but if the consent of one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason being stated in the complaint.
SEC. 14. When the question is one of common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
SEC. 15. Persons severally and immediately liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, may all or any of them be included in the same action, at the option of the plaintiff.
SEC. 16. No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein during its pendency, if the cause of action survive or continue. In the case of the marriage of a female party, the fact being suggested on the record, the husband may be made a party with his wife; and in case of the death or other disability of a party, the court may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
SEC. 17. 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 shall cause them to be joined as proper parties.
SEC. 18. When, in an action for the recovery of real or personal property, any person having an interest in the property applies to be made a party, the court may order it to be done by the proper amendment.
SEC. 19. 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, upon due notice to such person and to the adverse party, 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 may, in its discretion, make the order.
SEC. 20. An unmarried female may prosecute as plaintiff an action for her own seduction, and recover such damages as may be assessed in her favor.
SEC. 21. A father, or, in case of his death or desertion of his family, the mother, may prosecute as plaintiff for the seduction of the daughter, though the daughter be not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there be no loss of service.
10. What proceedings necessary before a judgment shall be opened.
11. Purchasers in good faith not to be affected.
12. Proceedings when the names of parties
13. When clerk may issue another summons.
9. When a party proceeded against by publication may have a judgment opened. SECTION 1. Civil actions shall be commenced by the filing of a complaint with the clerk, and the issuing of a summons thereon. 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 first publication.
SEC. 2. The clerk shall endorse on the complaint, the day, month, and year the same is filed; and at any time after the filing, the plaintiff may have a summons issued, which shall be directed to the defendant, and shall be signed by the clerk, and issued under the seal of the court, and shall be made returnable on the first day of the next term of court.
SEC. 3. The summons shall require the defendant to appear and answer the complaint, or that judgment by default will be taken against him.
SEC. 4. There shall also be inserted in the summons a notice, in substance, as follows:
1. In an action arising on contract for the recovery of money or damages only, that the plaintiff will take judgment for a sum specified therein, if the defendant fail to answer the complaint.
2. In other actions, that if the defendant fail to answer the complaint, the plaintiff will apply to the court for the relief demanded therein.
SEC. 5. The summons shall be served by the marshal of this District, or by his deputy, or by a person specially appointed by him, or by a person appointed by the court. The summons shall be returned,