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ACTION-Cont'd

When to be brought within five

years, § 317

When commenced, § 350
Where judgment reversed;

limitation, § 355

Wife may defend, when, § 371
Word "action", how construed,
§ 363

ACTIONS. See under subject in
question.

Forms of civil actions, §§ 307-309

one form of civil action only,

§ 307

parties to civil actions, how
designated, § 308

special issues, how tried, § 309
time of commencing civil
actions, § 312

actions in general, § 312
General provisions as to time of
commencing actions, §§ 350-
363

aliens, suits by, time of war to

be deducted, § 354
applicable, this Title not, to

actions against directors,
etc.; limitations in such
cases prescribed, § 359
disability must exist when
right of action accrued,
§ 357
exception, as to persons under
disabilities, § 352
exception, where defendant is

out of Guam, § 351
existing causes of action not
affected, § 362

injunction, provisions where

action is stayed by, § 356
judgment, provision where, has
been reversed, § 355

limitation laws of other states,

effect of, § 361

provision where person entitled
dies before limitation
expires, § 353

when an action is commenced,
§ 350

word "action" construed, how,
§ 363

writing, acknowledgment or
new promise must be in,
§ 360

ACTIONS- Cont'd

where certain actions to be
tried, § 393

General provisions, etc.,
§§ 1043-1059

action against officer for official
acts, § 1055

actions to determine adverse
claims, and by sureties,
§ 1050

actions, when deemed pending,
§ 1049

corporations as sureties, § 1056
extension of time within which

an act is to be done; not to
exceed 30 days, § 1054
filing of certain papers nunc pro
tunc, § 1046a

papers without the title of the
action, or with defective

title, may be valid, § 1046
severance and consolidation of
actions, § 1048

substitution of surety, etc.,
§ 1059

successive actions on the same

contract, etc., § 1047

testimony, when to be taken by
the clerk, § 1051

the clerk must keep a register
of actions, § 1052

two of three referees may do

any act, § 1053

Manner of commencing civil

actions, §§ 405-416
actions, how commenced, § 405
alias summons, § 408
endorsement of complaint,
§ 406

jurisdiction of action, when
acquired, § 416

notice of lis pendens, § 409
proof of service, how made,
§§ 412-415

publication, service by, § 413
publication, service of summons
may be by, § 412

service of summons, § 411
service where there are several
defendants, and party only
are served, § 414
summons must contain, § 407
summons, who may serve;

certificate of service, § 410

ACTIONS-Cont'd

Miscellaneous civil actions
adverse claims, to determine,

§ 1050

by sureties, § 1050

civil, § 307

civil, form of, § 307

civil, manner of commencing,
§ 405

civil, parties to, § 367

clerk must keep register of,
§ 1052

commencing, time of, § 312
costs in several can carry but
one cost, when, § 1023
declaratory relief, §§ 1060-
1062a

existing causes, when not

affected, § 362

one form only of civil actions,

§ 307

parties to, §§ 367-389

pending, when deemed, § 1049
pleadings in, §§ 420-422
provisional remedies in civil,
§ 478

register to be kept by clerk,

§ 1052

several on a single cause can
carry costs on but one,
§ 1023

severance and consolidation of,
§ 1048

time, commencing actions for
recovery of real property,
§§ 315-328

time of commencing, general
provisions, §§ 350-363
to determine adverse claims,
§ 1050

when deemed pending, § 1049
ACTION TO QUIET TITLE. See
Quieting Title

ACTUAL POSSESSION. See

Forcible Entry and Unlawful
Detainer

ADDITIONAL TIME. See Time
ADJOURNMENT

For absence of judge, § 135
Proceeding in contempt cases,
§ 1217
ADMINISTRATOR
Appeals by administrators to
court of appeals, § 965

ADMINISTRATOR-Cont'd

Appointment reversed on appeal,
§ 966
ADMINISTRATORS. See Probate

Code

ADMINISTRATRIX. See Executor
and Administrator - Probate
Code
ADMIRALTY. See Shipping
Judicial record. Court of, of
foreign country, § 1914
Record of foreign court of; effect
of, § 1914

Seals of courts of, § 1875
ADMISSION

Execution of instruments, unless
denied, § 448

Fact in dispute, § 1832

Failure by, to verify answer, § 446
Genuineness of instrument, if

answer not verified,

§§ 447-449

Service, how made, § 415
Testimony, avoids postponement,
§ 595

ADULTERY

Admission in divorce action, not

sufficient, § 2079

Service of pleadings in divorce,
§ 1019

ADVERSE CLAIM
Judgment on, § 380
Quieting title, §§ 738-751
To personal property, how
determined, § 1050

To real property, how determined,
§ 738

ADVERSE PARTY, Examination
of, § 2055

ADVERSE POSSESSION

Certain disabilities excluded
from time to commence
action, § 328

Entry on real estate, § 320
Occupation under written

instrument or judgment,
when deemed adverse, § 322
Premises actually occupied under
claim of title deemed to be
held adversely, § 324

Possession, when presumed;
occupation deemed under
legal title unless defective,
§ 321

ADVERSE POSSESSION – Cont'd
Relations of landlord and tenant
as affecting adverse
possession, § 326

Right of possession not affected
by descent cast, § 327
Seizin within five years; when
necessary in actions for real
property, § 318

Such seizin when necessary in
action or defense arising out
of title to or rents of real
property, § 319
What constitutes adverse

possession under claim of
title not written, § 325
What constitutes adverse
possession under written
instrument or judgment,
§ 323

When action cannot be brought
by grantee from the
government, § 316

When action to be brought

within five years, § 317

When the government will not
sue, § 315

ADVERSE TITLES

Conclusiveness of adjudication,
§ 1908

AFFIDAVITS. See Evidence.
Affidavits and depositions; how
taken and used, § 2009
Affidavit out of Guam, § 2013
Agreed, case, submission of,

§ 1138

Attachment in, procedure, § 538
By redemptioner, § 705
Certificate of clerk if taken before

a court out of Guam, § 2015
Confession of judgment by

defendant, § 1133
Contempt, witness refusing to
subscribe to, § 1991
Defective title, to, may be valid,
§ 1046

Denying contempt of court, § 1211
Discharge of attachment, § 558
Evidence of publication, what,
§ 2010

Filing affidavits and

counteraffidavits, § 659a
Filing notice, new trial, § 659

AFFIDAVITS - Cont'd

Filing of, in bill of costs, § 1033
Injunction, vacating or modifying,
§ 532

Judgment roll, § 670

Made in foreign country, before
whom taken, § 2014

May be taken before any officer
authorized to administer

oaths, § 2012

Motion to vacate order or reduce
bail, § 503

New trial, motion for, § 658
Objection, appointment of referee,

§ 642

Of plaintiff, to accompany

summons, in joint debtors,
§ 991

Order allowing amendment to
pleadings, § 473

Plaintiff's denying execution of
instrument in answer, § 448
Postponement of trial, in absence
of evidence, § 595

Prisoner, for, as witness, § 1996
Publication summons, for

nonresident, § 412
Publication, summons, in

partition, § 757
Replevin, §§ 510,519
Service of summons,

§§ 410-416

Summons action on joint
contract, § 991

To obtain injunction, § 527
To obtain order of arrest, § 481
Vacate or modify injunction,

§ 532

What is, § 2003

Witness to make affidavit if
arrested, when, § 2069
AFFINITY. See Consanguinity
Meaning of, § 17

Objections to referee, ground for,
§ 641

Receiver, restriction on

appointment, § 566

AFFIRMATION

Included in oath, § 17

Judicial and certain officer may
administer, § 2093

Person may declare or affirm,

§ 2097

AFFIRMATION - Cont'd

Witness can be heard only upon

oath or, § 1846

Witness may affirm, when, § 2097
AFFIRMATIVE RELIEF. See
Relief

Dismissal, where asked, § 581
From parties, § 442
When granted, § 666
Sale of real property for, must
be in writing, § 1973
AGENT AND AGENCY
Agents for absent interested

parties; see Probate Court
Authority to sale of realty must
be written, § 1973

Facts, which may be proved,
§ 1870

Joint authority, § 15
Judgment, examination agent of
plaintiff, § 585

Relation to referee, disqualifies,
§ 641

Right of replevin from agent,
§ 512

AGREED CASE

Confession of judgment without
action, § 1132

Controversy, how submitted,
§ 1138

Filing statement and entering
judgment, § 1134

Judgment may be confessed for
debt due or contingent
liability, § 1132

Judgment may be enforced, or
appealed, § 1140
Statement in writing and form
thereof, § 1133

Submitting a controversy without
action, § 1138

AGREEMENT: See Contract
Must be in writing, when, § 1973
Reduced to writing, deemed the
whole, § 1856

What must be in writing, § 1973
ALIAS

Execution, may issue, § 688
Summons, what are, § 408
Writ, in attachment, § 559a
Writ of possession on reentry
after ejection, § 1210

ALIEN

Limitation, action during time
of war, § 354

ALIENATION

On action, effect of, §§ 740, 747
ALIMONY. See Divorce
ALLEGATIONS. See Actions;

Answer; Complaint; Pleadings
Affirmative must be proved by
each party, § 1869
Affirmative must be proved, when,
§ 1869

Denials of, in answer, § 437
Evidence confined to material
allegation, § 1868

Material, evidence confined to
what, § 1868
Material, only to be proved,
§ 1867

Material allegation, what, in
pleading, § 463

Negative, when must be proved,
s 1869

Not denied, when to be deemed
true, § 462

Pleadings, in, liberally construed,
§ 452

Sham and irrelevant, § 453
Variance; see Amendment.
ALLOWANCE

Claims against estates; see
Probate Code

ALTERATION OF WRITING-
WILLS.

See Wills

Writing altered, who to explain,
§ 1982

ALTERED

Writing; produced as genuine,
who to explain, § 1982
AMBASSADOR

Affidavit, may take, § 2014
AMBIGUITY

Evidence to explain, in writing,
§ 1856

In complaint, ground for
demurrer, §§ 430, 444

AMENDED

Complaint; proceedings, § 432
AMENDMENT

Attachment, of writ, or affidavit,

§ 558

By court, § 473

AMENDMENT - Cont'd

Complaint, filed and served, § 432

Complaint in forcible entry,

§ 1173

Conclusions of law shall be

amended, § 663

Demurrer before, § 472
Fictitious name, § 474
Material variance, § 469
Other parties, bringing in by,

§ 389

Pleadings, action to recover
personal property, § 473
Pleadings, to time for application,
§ 473

Pleadings, to, when may be, § 473
Supplemental pleading, § 464
Time allowed for, § 1054
Variance, mistakes in

amendments, §§ 469-476

Variance, not material, § 470
When permitted to complaint,
§ 464

Without costs, § 470
AMICABLE ACTIONS

Submitting a controversy without

action, §§ 1138-1140

confession of judgment without

action, §§ 1132-1134
controversy, how submitted

without action, § 1138
judgment may be enforced or
appealed from as in an
action, § 1140

judgment on, as in other cases,
but without costs prior to
notice of trial, § 1139

AMOUNT

Liability of officer in sale, § 697
ANCHORAGE

Vessels liable for, § 813
ANCIENT FACTS

Evidence of common reputation
as to, § 1870

ANCIENT WRITINGS
Comparison, how made, § 1944
Presumed genuine, when, § 1963
ANCILLARY ADMINISTRATOR.
See Executor and

Administrator; Probate Code
ANOTHER ACTION PENDING
Demurrer, ground for, § 430

ANSWER. See Demurrer

Answer, what may contain;
defendant may answer part
and demur to part of
complaint, § 441

Compensated demands, § 440
Complaint, charging libel and
slander, § 461

Complaint, objections not
appearing on, § 433
Complaint, objections when

deemed waived, § 434
Contents of answer, § 437
Counterclaim, when defendant
omits to set up, § 439
Counterclaim, when may be set
up, § 438

Cross complaint, § 442

Demurrer, grounds of, § 444
Demurrer to, § 443

Failure to answer by defendant,

§ 585

Injunction after, § 528

Insurance; actions to recover;
what defendant claiming
exemption must set up,
§ 437a

Judgment if defendant fails to,
§ 585

Sham and irrelevant, may be
stricken out, § 453
Supplemental, when allowed,

§ 464

Time to demur, § 443
Time to answer after demurrer,
§ 476

Time in which to make, § 443
Writ of mandate, applicant for

may demur to, or countervail,
§ 1091

APPEALS. See Courts; Execution;
Judgment

Appeals in general-

appeals from any court of

record; notice in lieu of bill
of exceptions, § 969

appellant shall file undertaking
or bond, §§ 942, 967
certification of record on appeal,
§ 969

clerk to transmit record on
appeal, § 970

costs on, § 1034

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