se of the action. The justice then issues a Summons.
This is an order to a sheriff or constable commanding him to notify the
defendant to appear before the justice at a certain time and place to make
answer to the plaintiff's demands. (Form on p. 277.)

Sometimes on bringing an action or during its progress a writ of
attachment is obtained. To secure this writ, the creditor must make
affidavit to the fact of the debt, and that the debtor is disposing or
preparing to dispose of his property with intent to defraud him, or that
the debtor is himself not reachable, because hiding or because of
non-residence. In addition, the creditor must give a bond for the costs of
the suit, and for any damages sustained by the defendant. The justice then
issues the writ, which commands the sheriff or constable to take
possession of and hold sufficient goods of the debtor and summon him as
defendant in the suit.

Another writ sometimes used is the writ of replevin. To secure this writ,
the plaintiff must make affidavit that the defendant is in wrongful
possession of certain (described) personal property belonging to the
plaintiff. The plaintiff then gives a bond for the costs of the suit and
for the return of the property in case he fails to secure judgment, and
for the payment of damages if the return of the property cannot be
enforced, and the justice issues the writ. This commands the sheriff or
constable to take the property described and turn it over to the
plaintiff, and to summon the defendant as before.

Pleadings.--The next step in the process, in any of the cases, is the
filing of an Answer by the defendant, in which he states the grounds of
his defense. The complaint of the plaintiff and the answer of the
defendant constitute what are called the pleadings. [Footnote: For a more
extensive discussion of pleadings, see chapter VII.; or Dole, pp. 30-42.]
If the answer contains a counter-claim, the plaintiff is entitled to a
further pleading called the Reply. The pleadings contain simply a
statement of the facts upon which the parties rely in support of their
case. No evidence, inference or argument is permitted in them.

Issue.--It is a principle of pleading that "everything not denied is
presumed to be admitted." The fact or facts asserted by one party and
denied by the other constitute the issue. If the defendant does not make
answer on or before the day appointed in the summons and does not appear
on that day, judgment may be