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' TITLE 2.

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§ 544. Upon the application of either party, the court may, and, in Supplea proper case, must, upon such terms as are just, permit him to make pleadings. a supplemental complaint, answer or reply, alleging material facts which occurred after his former pleading, or of which he was ignorant when it was made; including the judgment or decree of a competent court, rendered after the commencement of the action, determining the matters in controversy, or a part thereof. The party may apply for leave to make a supplemental pleading, either in addition to, or in place of, the former pleading. In the former event, if the application is granted, a provisional remedy, or other proceeding already taken in the action is not affected by the supplemental pleading; but the right of the adverse party to have it vacated or set aside, depends upon the case presented by the original and supplemental pleadings.

may be ex

$545. Irrelevant, redundant, or scandalous matter contained in a when a pleading, may be stricken out upon the motion of a person aggrieved pleading thereby. Where scandalous matter is thus stricken out, the attorney, cepted to; whose name is subscribed to the pleading, may be directed to pay the effect of excosts of the motion, and his failure to pay them may be punished as a cepting. contempt of the court.

mode and

ings after

$546. Where one or more denials or allegations,contained in a plead- Proceeding are so indefinite or uncertain that the precise meaning or application exception. thereof, is not apparent, the court may require the pleading to be made definite and certain by amendment.

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TITLE 1.

CHAPTER VII.

GENERAL PROVISIONAL REMEDIES IN AN ACTION.

TITLE

TITLE

I.—ARREST, PENDING THE ACTION, AND PROCEEDINGS THERE

UPON.
II.-INJUNCTION.

TITLE III.-ATTACHMENT OF PROPERTY.

TITLE IV.-OTHER PROVISIONAL REMEDIES; GENERAL AND MISCELLA.
NEOUS PROVISIONS.

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When the right to

TITLE I.

Arrest, pending the action, and proceedings thereupon.

ARTICLE 1. Cases where an order of arrest may be granted, and persons liable t

arrest.

2. Granting, executing, and vacating or modifying the order of arrest.
3. Discharging the defendant upon bail or deposit; justification of th
bail and disposition of the deposit.

4. Charging and discharging bail.

ARTICLE FIRST.

CASES WHERE AN ORDER OF ARREST MAY BE granted, and PERSONS LIABLE TO

ARREST.

SECTION 548. No person to be arrested in civil proceedings, without an expre statutory provision.

549. When the right to arrest depends upon the nature of the action.

550. When the right to arrest depends partly upon extrinsic facts.

551. Order, when and where granted; when of right, and when discr tionary.

552. Foreign judgment not to affect right to arrest.

553. Women not to be arrested, except, etc.

554. Idiot, lunatic, or infant under fourteen, not to be arrested. Discharg 555. Persons sued in a representative capacity, not to be arrested.

§ 548. A person shall not be arrested in a civil action, or special pi ceeding, except as prescribed by statute. The writ of ne exeat is here abolished.

§ 549. A defendant may be arrested in an action, as prescribed arrest de- this title, where the action is brought for either of the following cause 1. To recover a fine or penalty.

pends upon the nature of the

action.

2. To recover damages for a personal injury; an injury to proper including the wrongful taking, detention, or conversion of person property; breach of a promise to marry; misconduct or neglect office, or in a professional employment; fraud; or deceit. But t

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