Title LIII, Proceedings in Court

When one of two or more plaintiffs or defendants dies, and the right of action survives, the action may be prosecuted by or against the surviving parties, such death being suggested on the record.

In all civil proceedings, when two or more are joined as plaintiffs or defendants, the writ or other process may be amended before the evidence is closed or the case is submitted, by striking out the name of any plaintiff or of any defendant on paying his costs to that time.

The court shall order notice to be given, in such manner as due process of law requires, of any petition, complaint, libel, application, or motion in writing filed therein, and no judgment, decree, or ruling shall be rendered thereon absent compliance with such order.

Any application, motion, complaint, libel, or petition, for any cause of action, may be filed in the clerk's office, in vacation, and a summons issued thereon under the rules of the court.

The defendant may be permitted to enter an appearance after a default, at the discretion of the court or justice, upon the payment of reasonable costs.

If no personal service has been made on a defendant in an action which may be entered without such service the court, on suggestion thereof, may order the action to be continued and notice of the pendency thereof to be given by publication, by mail in a registered letter, by pers…

In actions before a municipal court, commenced by attachment, if no personal service is made upon the defendant by reason that he resides out of the state, or that his residence is unknown to the officer serving the writ, the action may be continued not less than sixty days, and …

If it appears to the municipal court that personal service can be made upon the defendant in this state the justice may continue such action for at least twenty-eight days, and order personal service of such notice on the defendant fourteen days at least before the date to which …

If the defendant shall not appear at the time and place to which the action is continued judgment shall be rendered on satisfactory evidence that notice has been posted or given as ordered aforesaid, and execution shall issue thereon, upon the plaintiff's filing with the justice …

Such review may be brought at any time within two years after the rendition of the judgment, and the plaintiff in such review may have the benefit of all pleas and advantages which he might have had in the original action.

No writ, declaration, return, process, judgment or other proceeding in the courts or course of justice shall be abated, quashed or reversed for any error or mistake, where the person or case may be rightly understood by the court, nor through defect or want of form or addition on…

Amendments in matters of substance may be permitted in any action, in any stage of the proceedings, upon such terms as the court shall deem just and reasonable, when it shall appear to the court that it is necessary for the prevention of injustice; but the rights of third persons…