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pedite its determination, he must set it down for trial on his own notice, and if the plaintiff does not choose to try it, he may move for a dismissal. But the defendant cannot now move for judgment as in case of nonsuit, under the circumstances which warranted it under the old practice......

TRUSTEES OF SCHOOL DISTRICTS.

All three trustees must meet, be

fore a majority can act. The powers, duties and liabilities of such trustees to act, stated..

PAGE

359

302

VERIFICATI

ERIFICATION. Defendant may serve his answer without verification, or any affidavit why he omits to verify it, when he would be privileged from testifying as a witness to the truth of the allegations of the complaint .

... 151 An answer to a complaint, in an action against the maker and two indorsers of a promissory note, verified by one of the defendants only, is insufficient in the verification. Such an answer cannot be returned, but prompt notice should be given of its insufficiency......

305

Where both the complaint and answer are defective in the verifica-
tion, the answer will be allowed to stand.....
What the verification of a pleading should set forth, when not made
by the party..

311

334

WITNESS. When and how a party to an action may be examined as a

witness under the amended (1857) section 399, of the Code.... 75 How a party may be compelled to appear and testify as a witness, under section 391, &c., of the Code. And pleadings in case of refusal to attend. When not in contempt, &c. .......

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451, 513

HARVARD LAW LIBRARI

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