594. Costs, how apportioned. 472. In actions where there are several plaintiffs or several defendants, the costs shall be apportioned according to the judgment rendered; and where there are several causes of action embraced in the same complaint, or several issues, the plaintiff shall recover costs upon the issues determined in his favor, and the defendant shall recover costs upon the issues determined in his favor. (400.)

1. The judgment of the Circuit Court apportioning costs upon several issues under this section will be presumed correct.― Jamieson v. Board, 56 Ind. 466.

595. Where suits can be joined Costs in one only. 473When the plaintiff shall, at the same Court, bring several actions against the defendant upon demands which might have been joined in one action, he shall recover costs only in one action, unless it shall appear to the Court that the actions affect different rights or interests, or other sufficient reasons exist why the several demands ought not to have been joined in one action. (401.)

I. This section only applies to the case of several demands all due: it does not apply where several demands are sued as they mature.- Ft. Wayne, etc., R. R. Co. v. Clark, 59 Ind. 191.

596. When costs adjudged before final judgment. 475. Whenever in any action an order shall be made for the payment of any costs at any time before final judgment, the Court shall, upon motion of any person interested, render judgment for the costs in favor of the party entitled to receive the same. (403.)

597. Costs where lands are attached. 477. In all cases where lands are attached and judgment rendered in favor of the plaintiff in the Circuit Court, wherein the sum claimed or the judgment rendered shall be less than fifty dollars, the plaintiff shall recover costs: Provided, The attachment against the land is sustained by the Court.

598. Costs of transcript. 478. When in any suit pending in any Court in this State it shall be necessary to procure a transcript of any judgment or proceeding, or exemplification of any record, as evidence in such action, the necessary expense of procuring such transcript or exemplification shall be taxed with the other costs in the cause, and recovered as in other cases.

599. Fee-bills. 476. Fee-bills and executions may issue for the collection of costs in the proper cases against parties to the action, relators, persons for whose use an action is brought, and sureties on undertakings for the payment of costs. (404.)

1. A judgment for costs is as much the property of the plaintiff as a judgment for debt sued for, though he may be liable by fee-bill for such costs.— Hays v. Boyer, 59 Ind. 341.

600. Except divorce, when opened. 64. Parties against whom a judgment has been rendered without other notice than the publication in the newspaper herein required, except in cases of divorce, may, at any time within five years after the rendition of the judgment, have the same opened, and be allowed to defend. (43.)

1. Constructive service is by publication in a newspaper or by summons served out of the State. Sturgis v. Fay, 16 Ind. 429.

2. A defendant constructively summoned has a right to appear and defend at any time before judgment.-Crews v. Cleghorn, 13 Ind. 438.

601. Notice of application. 65. Before any judgment shall be opened, such party shall give notice to the original complainant, or his heirs, devisees, executors, or administrators, of his intention to make application to have the judgment opened as the Court, in term, or the Judge thereof in vacation, shall require; and shall file a full answer to the origi nal complaint, and an affidavit stating that, during the pendency of the action, he received no actual notice thereof in time to appear in Court and object to the judgment; and shall also pay all such costs of the action as the Court shall direct. (44.)

602. Bona fide purchasers not affected. 66. If any property which was the subject of, or property sold under, any judgment sought to be opened, as provided in the last two preceding sections, shall have passed into the hands of a purchaser in good faith, he shall not be affected by any proceedings consequent upon the opening of the judgment. (45.)

603. How assigned. 463. Judgments and decrees of a Court of record for the recovery of money, and judgments obtained before a Justice of the Peace, may be assigned by the plaintiff or complainant, and the assignees thereof successively, on or attached to the entry of such judg ment or decree; and the assignment, when attested by the Clerk of the Court or such Justice of the Peace, shall vest the title to such judgment or decree in each assignee thereof successively.

604. Payment to assignor, when valid. 464. Payments or satisfaction on such judgment or decree to the assignor shall be valid, if made before notice of assignment to the judgment-debtor, but not other

wise.

605. Execution, when issued and indorsed. 465. In case of assignment, execution shall issue in the name of the original plaintiff or complainant, but shall be indorsed by the Clerk or Justice, to be for the use of the assignee.

606. Assignee may maintain action. 466. Any action which the plaintiff or complainant in such judgment or decree might have thereon may be maintained in the name of the assignee.

607. Delivery-bond-Suit on judgment. 467. Bonds for the delivery of property levied upon by virtue of such execution shall be to the judgment-plaintiff, for the use of such assignee; and all suits and proceedings relating to such judgment or decree, or against any officer on his bond for neglect of duty relating thereto, may be against, or on relation, or for the use of, such assignee, as the case may require.

608. Lien upon real estate-Ten years. 601. All final judgments in the Supreme and Circuit Courts for the recovery of money or costs shall be a lien upon real estate and chattels real, liable to execution in the county where judgment is rendered, for the space of ten years after the rendition thereof, and no longer, exclusive of the time during which the party may be restrained from proceeding thereon by any appeal or injunction, or by the death of the defendant, or by agreement of the parties entered of record. (527.).

1. A certified transcript of a judgment of a Court of record filed in the office of the Clerk of the Circuit Court is a lien, from the time when filed, upon all the real estate of the defendant in the county.- Julian v. Beal, 26 Ind. 220.

2. A judgment is not a lien upon lands held by title-bond.-Gentry v. Allison, 20 Ind. 481.

3. A judgment of the Circuit Court is not a lien on lands in another county; and

it is no fraud to convey said lands after the rendition of the judgment.- Baker v. Chandler, 51 Ind. 85.

4. When collection is restrained by agreement of the parties, it must, as to time, be certain and definite.-Ristine v. Early, 21 Ind. 103.

5. Judgment liens last ten years and no longer, unless they come within the four exceptions of this section. Applegate v. Edwards, 45 Ind. 329.

6. Judgments are liens in the order of time of their rendition.- West v. Townsend, 12 Ind. 434.

609. Lien on bonds to State. 602. Judgments on bonds payable to the State of Indiana shall bind the real estate of the debtor from the commencement of the action. (414.)

1. Sureties upon official bonds are debtors hereunder.- Shane v. Francis, 30 Ind. 92. 2. The day upon which the stay is entered should be counted in determining the time when execution may issue thereafter. Tucker v. White, 19 Ind. 253.

3. When one is induced to become replevin-bail by false and fraudulent representations of the judgment-plaintiff, he may be relieved therefrom.- Lepper v. Nuttman, 35 Ind. 384.

4. Extension of time for stay of execution beyond the lawful stay term, without his consent, releases the surety upon an appeal-bond.-- Wingate v. Wilson, 53 Ind. 78. 5. One who becomes replevin-bail upon a decree of foreclosure in installments, part of which are not due at the time he becomes such, is not bound for the payment of such part. Skelton v. Ward, 51 Ind. 46.

610. Transcripts to another county. 603. It shall be the duty of the Clerk of any Court of record of this State, rendering any judgment, to make out a certified copy thereof, under the seal of such Court, at the request of any person interested; which copy may be filed in the office of the Clerk of any Circuit Court of this State, and when so filed shall be recorded and entered in the judgment-docket in the same manner as judgments rendered in any such Court. (528.) 611. Lien of such judgments. 604. Such judgment, from the time of filing the copy aforesaid, shall be a lien upon all the real estate, including chattels real, of the judgment-debtor, situated in the county where filed, as fully as if such judgment had been rendered thereon. (529.)

[1893 S., p. 43. In force February 18, 1893.]

1. That any per

611a. Transcripts from United States courts. son interested may file or cause to be filed in the office of the clerk of any circuit court of this state a copy of any judgment rendered by the district or circuit courts of the United States, in and for the districts of Indiana, certified by the clerk of, and under the seal of such court of the United States, and when so filed the same shall be entered in the order book and judgment docket in the same manner as judgments rendered in any such circuit court of the state of Indiana.

611b. Lien. 2. Such judgment, from the time of filing the copy aforesaid, shall be a lien upon all the real estate, including chattels real, of the judgment debtor situated in the county where filed, as fully as if such judgment had been rendered therein.

611C. Fees of Clerk. 3. The same fees shall be taxed, charged and received by the clerk of such circuit court for so filing, recording and entering such copy as are taxed, charged and received by him according to law, for filing, recording and entering transcripts of judgments, for like purposes, rendered by the courts of record of this state.

[1881 S., p. 240. In force September 19, 1881.]

612. Transcript from Justice. 613. It shall be the duty of every Justice of the Peace in this State, when requested by the plaintiff or his agent, to make out and certify a true and complete transcript of the proceedings and judgment in any cause upon any docket legally in his possession. The plaintiff may file such transcript in the office of the Clerk of any Court in this State. (539.)

613. Recording - Docketing - Lien. 614. It shall be the duty of the Clerk, forthwith, to record the transcript in the order-book, and docket the judgment in the judgment-docket. The judgment set forth in the transcript shall be a lien upon the real property of the defendant within the county, to the same extent as judgments of the Court, from the time of filing the transcript. (540.)

614. Execution, how obtained. 615. Whenever the plaintiff shall also procure from the Justice a certificate that an execution has been issued upon the judgment to the proper Constable, and by him returned, indorsed that no goods or chattels could be found sufficient to satisfy the judgment or a part thereof, and file the certificate with the Clerk, he shall record it in the order-book with the transcript; and, upon the plaintiff or his agent also filing with the Clerk his affidavit that the judgment is unpaid in whole or in part, stating the amount due, he shall issue an execution upon the judgment, and indorse the amount to be levied of principal, interest, and costs; which execution shall be issued, served, and returned in the same manner as executions issued upon judgments of the Court. (541.)

615. Review of, by whom-Exception. 665. Any person who is a party to any judgment, or the heirs, devisees, or personal representatives of a deceased party, may file in the Court where such judgment is rendered a complaint for a review of the proceedings and judgment. Any person under legal disabilities may file such complaint at any time within one year after the disability is removed. But no complaint shall be filed for a review of a judgment of divorce. (586.)

I. The complaint hereunder should set out a complete record of the cause in which the judgment was rendered. Worley v. Ellettsville, 60 Ind. 7.

2. A complaint in review, showing on its face that it was filed more than three years after judgment, is not bad unless it also shows that the plaintiff was not under disability.- Whitehall v. Crawford, 67 Ind. 84.

3. A party may appeal or proceed to review a judgment, but he can not do both: the adoption of one remedy waives the other.- Dunkle v. Elston, 71 Ind. 585.

4. No review can be had of an interlocutory order not appealable.- Cravens v. Chambers, 69 Ind. 84.

5. A party to the record may have the judgment reviewed for fraud in its zendition, but not for fraud in the cause of action. State v. Holmes, 69 Ind. 577.

616. For what had-Limit of filing. 666. The complaint may be filed for any error of law appearing in the proceedings and judgment, within one year; or for material new matter, discovered since the rendition thereof, within three years; or for both causes, within one year after the rendition of the judgment, and without leave of Court. (587.)

1. The new matter named in this section does not embrace new matter of law, such as a curative statute enacted after the rendition of the judgment.— Worley v. Ellettsville, 60 Ind. 7.

2. The new matter must be such as the plaintiff was ignorant of, and could not have, with reasonable diligence, discovered until after the rendition of the judgment.— Whitehall v. Crawford, 67 Ind. 84.

3. A judgment rendered upon an insufficient complaint, demurred to, wrongfully sustained, and excepted to, should be reviewed and reversed.— Anderson v. Ander. son, 65 Ind. 196.

4. In a proceeding to review, a cross-complaint in review is competent.- Harlen v. Watson, 63 Ind. 143.

617. For new matter-Verified-Contents. 667. When the complaint for a review is filed for new matter discovered since the rendition of the judgment, it shall be verified by the complainant, and show that the new matter could not have been discovered before judgment by reasonable diligence, and that the complaint is filed without delay after the discovery. (588.)

1. When a judgment is entered by agreement of parties, errors in prior proceedings are waived, and proceedings in review will not lie --Collins v. Rose, 59 Ind. 33. 2. New matter, herein, means new matter of fact material to the case, which existed

before the judgment was rendered; not new matter of law subsequently enacted.Worley v. Ellettsville, 60 Ind, 7.

3. A complaint in review must show the discovery of new matter, and that it was filed without delay after such discovery.- Barnes 7. Dewey, 58 Ind. 418.

4. There must be a discovery of new matter, not merely discovered evidence of old matter, already in the pleadings.-Hall v. Palmer, 18 Ind. 5; Nelson v. Johnson, id. 329; Barnes v. Dewey, 58 id. 418.

618. Stay-Bond. 668. At any time after filing the complaint, and before the final hearing, the Court may, upon application of the plaintiff, stay all further proceedings on the judgment. When proceedings are stayed, the Court shall direct bond and surety to be given, as in cases of appeal. (589.)

619. Notice of filing-Issue. 669. The defendant shall be notified of the filing of such complaint, and the parties shall proceed to form issues of law and fact as in other cases. (590.)

620. Judgment-Costs. 670. Upon the hearing, the Court may reverse or affirm the judgment in whole or in part, or modify the same, as the justice of the case may require, and award costs according to the rule prescribed for the awarding of costs in the Supreme Court, on appeal. (591.)

1. Proceedings in review will lie in the case of a settlement between guardian and ward. Karney v. Vale, 56 Ind. 542.

2. Errors in proceeding, relied on in review, must appear on the face of the record, and must not have been waived.- Richardson v. Rowk, 45 Ind. 451.

3. A second complaint in review is not allowable.-Coen v. Funk, 26 Ind. 289; Ratliff v. Baldwin, 29 id. 16.

4. A complaint in review may be amended.-- Foster v. Potter, 24 Ind. 363.

5. Only parties and privies to the action can have review.-Owen v. Cooper, 46 Ind. 524.

6. A review will not lie in ex parte proceedings.-- Davidson v. Lindsay, 16 Ind. 186; Williams 7. Williams, 18 id. 345; Barnes v. State, 27 id. 82.

J

621. Death of judgment-debtor-Heirs, etc., when to show cause. 724. In case of the death of any judgment-debtor, the heirs, devisees, or legatees of such debtor, or the tenant of real property owned by him and affected by the judgment, and the personal representatives of the decedent, may, after the expiration of one year from the time of granting letters testamentary or of administration upon the estate of the decedent, be summoned to show cause why the judgment should not be enforced against the estate of the judgment-debtor in their hands respectively. (642.)

1. Where a sole-defendant dies after judgment and before execution, an execution can not issue without revivor.— Louden v. Day, 6 Ind. 7.

2. This is applicable to ejectment.-State v. Michaels, 8 Blackf. 436.

622. Affidavit by judgment-creditor. 725. The judgment-creditor, his representatives or attorney, shall file an affidavit that the judgment has not been satisfied, to his knowledge, or information and belief, and shall specify the amount due thereon, and the property sought to be charged. (643.)

623. Service of summons-Issue-Trial-Order. 726. A summons shall be issued, served, and returned, or publication may be made, as in other cases, issues shall be formed, and be tried as in an original suit; and the Court shall order the property of the decedent in the hands of the heirs, devisees, or legatees, or in the hands of the tenant of real