cause be recovered against the defendant. If a return of the property be not so required within five days after the taking and service of notice to the defendant, it shall be delivered to the plaintiff, except as otherwise provided.

Justification of Defendant's Sureties.-The defendant's sureties, upon three days notice to the plaintiff shall justify before the justice; and upon such justification, the officer shall deliver the property to the defendant. The officer shall be responsible for the defendant's sureties until they justify, or until the justification is completed or expressly waived, and may retain the property until that time; but if they or others in their place fail to justify at the time appointed, he shall deliver the property to the plaintiff.

Concealed Property, Duty of Officers.-If the property or any part thereof be concealed in a building or inclosure, the officer shall publicly demand its delivery; and if it be not delivered, he shall cause the building or inclosure to be broken open, and take the property into his possession.

Pleadings in Justices' Courts.-The pleadings in justices' courts shall be:

1st. The complaint by the plaintiff, stating the cause of action.

2d. The answer by the defendant, stating the ground of the defense.

Same. The pleading shall be in writing, and verified by the oath of the party, his agent or attorney, when the action is:

1st. For the foreclosure of any mortgage, or the enforcement of any lien on personal property. [Not applicable to California.]

2d. For a forcible or unlawful entry upon, or a forcible or unlawful detention of, lands, tenements, or other possessions.*

*This provision, although found in the law governing justices' courts, has no application, as the county courts in California have jurisdiction in such cases.

3d. In other cases the pleading may be oral or in writing. [California alone.]

Form of Pleadings.-When the pleadings are oral, the substance of them shall be entered by the justice in his docket; when in writing, they shall be filed in his office, and a reference to them made in the docket. Pleadings shall not be required to be in any particular form, but shall be such as to enable a person of common understanding to know what is intended.

Complaint, Contents of. The complaint shall state in a plain, direct manner the facts constituting the cause of action.

Answer, Contents of.-The answer may contain a denial of any of the material facts stated in the complaint, which the defendant believes to be untrue, and also a statement, in a plain and direct manner, of any other facts constituting a defense or a counter claim, upon which an action may be brought by the defendant against the plaintiff in a justice's court.

Insufficient Knowledge.—A statement in an answer that the party has not sufficient knowledge or information, in respect to a particular allegation in the previous pleading of the adverse party, to form a belief, shall be deemed equivalent to a denial. [Not applicable to California.]

Written Instrument, Pleading.-When the cause of action or counter claim arises upon an account or instrument for the payment of money only, it shall be sufficient for the party to deliver a copy of the account or instrument to the court, and to state that there is due to him thereupon, from the adverse party, a specified sum, which he claims to recover or set off. The court may, at the time of the pleading, require that the original account or instrument be exhibited to the inspection of the adverse party, and a copy to be furnished: or if it be not so exhibited and a copy furnished, may prohibit its being afterwards given in evidence.

Written Instruments, Note, Bill, etc.-If the plaintiff annex to his complaint, or file with the justice at the time. of issuing the summons, a copy of the promissory note, bill of exchange, or other written obligation for the payment of money, upon which the action is brought, the defendant shall be deemed to admit the genuineness of the signatures of the makers, indorsers or assignors, thereof, unless he specifically deny the same in his answer, and verify the answer by his oath.

Demurrer to Pleadings.-Either party may object to a pleading of his adversary, or to any part thereof, that it is not sufficiently explicit to enable him to understand it, or that it contains no cause of action or defense, although it be taken as true. If the court deem the objection well founded, it shall order the pleading to be amended, and if the party refuse to amend, the defective pleading shall be disregarded.

Variance between Pleadings and Proof.-A variance between the proof on the trial and the allegations in a pleading shall be disregarded as immaterial, unless the court be satisfied that the adverse party has been misled to his prejudice thereby.

Title or Possession of Real Property not to be Litigated. -The parties shall not be at liberty to give evidence upon any question which involves the title or possession of real property, or the legality of any tax, impost, assessment, toll or municipal fine, nor shall any issue presenting such question be tried by said justice; and if it appear from the plaintiff's own showing on the trial, or from the answer of the defendant, verified by his oath, that the determination of the action will necessarily involve the question of title or possession to real property, or the legality of any tax, impost, assessment, toll or municipal fine, the justice shall suspend all further proceedings in the action and certify the pleadings, or if the pleadings be oral, a transcript of the same, from his docket to the district court of the county, and from the time of filing such pleadings or transcript

with the county clerk, the district court shall have over the action the same jurisdiction as if it were commenced therein. [In Idaho, justices' courts may try the right to the possession of real property and the legality of any tax, impost, assessment, toll or municipal fine, and when the pleadings are certified to the district court, upon the answer of defendant he shall file a bond with two or more sureties to pay all costs. Justices cannot try the tille of real estate. In Nevada and California, they cannot try the right to the possession of mining claims or the title to them. In other respects the law is the same as in California.]

Judgment in Certain Cases.—If the plaintiff fail to appear at the return day of the summons, the action shall be dismissed. If the defendant fail to appear at the return day of the summons, or if either party fail to attend at a day to which the trial has been adjourned, or fail to make the necessary pleading or proof on his part, the case may, nevertheless, proceed at the request of the adverse party, and judgment shall be given in conformity with the pleadings and proofs.

Trial by Jury.-A trial by jury shall be demanded at the time of joining issue, and shall be deemed waived if neither party then demand it. When demanded, the trial of the case shall be adjourned until a time and place fixed for the return of the jury. If neither party desire an adjournment, the time and place shall be determined by the justice, and shall be on the same day, or within the next two days. The jury shall be summoned upon an order of the justice, from the citizens of the city or township, and not from the bystanders.

Dismissal of Case without Prejudice.-Judgment that the action be dismissed without prejudice to a new action, may be entered with costs in the following cases:

1st. When the plaintiff voluntarily dismisses the action before it is finally submitted.

2d. When he fails to appear at the time specified in the

summons, or upon adjournment, or within one hour there

after.

3d. When it is objected at the trial, and appears by the evidence that the action is brought in the wrong county, or township, or city; but if the objection be taken and overruled, it shall be cause only of reversal on appeal, and shall not otherwise invalidate the judgment; if not taken at the trial, it shall be deemed waived, and shall not be cause of reversal.

Judgment by Default.-When the defendant fails to appear and answer, judgment shall be given for the plaintiff, as follows:

1st. When a copy of the account, note, bill, or other obligation upon which the action is brought, was filed with the justice at the time the summons was issued, judgment shall be given without further evidence for the sum specified in the summons.

2d. In other cases, the justice shall hear the evidence of the plaintiff, and render judgment for such sum only as shall appear by the evidence to be just, but in no case exceeding the amount specified in the summons. [The second clause is applicable to California and Nevada alone.]

Entry of Judgment and Coin Contracts.-Upon a verdict the justice shall immediately render judgment accordingly. When the trial is by the justice, judgment shall be entered immediately after the close of the trial, if the defendant has been arrested and is still in custody; in other cases it shall be entered within four days after the close of the trial. If the action be on a contract against two or more defendants, and the summons is served on one or more, but not on all, the judgment shall be entered up only against those who were served, or have voluntarily appeared, if the contract be a several or a joint and several contract; but if the contract be a joint contract only, the judgment shall be entered up against all the defendants, but shall only be enforced against the joint property of all and the individual property of the defendants served [the same in Idaho to here;