New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22

law IL Joined. ave dollars; when an issue
10 Joined, ten dollars.
To the defendant, when the amount
claimed, in the complaint Is $1UO or more,
upon discontinuance or dismissal, i've doll
i..is; m.i.,i l.asinenL Is reMuered in his
favor upon the merits in such case, ten
Sec. 10. Costs and disbursements shall be
taxed and allowed by the clerk, urea two
days notice in writing by either party, un-
less notice Is waived BY stipulation, end In
serted In the entry Of judgment. lie pro-
visions of the law relating to the taxation
OF costs and disbursements and appeals
therefrom in the district court shall apply
Sec 20 Any creditor desiring to proceed
by attachment in said court may, at the
time OF commencing the action, or there
AFTER and while the action is still pending,
oy himself, his agent or attorney, make and
ME with the clerk an affidavit similar to
the a1davlt required by law in the appli-
cation FOR a writ oI attacilmenl III II justIce
clerk bond, with sufficient sureties to be
approved by the judge, court commissioner
or any justice OF the peace OF the county
in which said city is situated; except that
In cases not within the jurisdiction OF
justice court the limit of liability thereon
shall be mentioned therein us not exceed
ing the sun ~ o. 80 ne ee,, writ OF attach
STATE OF MINNESOTA,)
County OF !ss
Municipal Court.
The State of Minnesota to any police Of
hcer in the said city OF .......... or to the
sheriff or any constable of said county:
You are hereby commanded to attach the
goods, chattels, moneys, effects and credits
OF ............. or so nucn thereof as snaii
be sufficient to satisfy the sum of .........,
with interest and costs of suit. in who
ever's hands or possession the same may be
n a
the same may be subject to further pro-
ceedings as the law requires, and make
due return of his writ.
Witness, the Honorable Judge
Of said court, this 500. day of .........
Clerk.
that the court may prescribe, by rule or
otherwise. In all other respects, save as
in this act otherwise provided, the service
of the writ and other proceedings thereon
shall be similar, as near as may be, to the
justice court.
Sec. p. The defendant may at any time
before the time for answering expires or
at any time thereafter, when he has an
swered, before the trial, apply to the court,
on five days notice, to vacate the writ Of
aftidavits on the part Of the defendants,
but not otherwise, the plaintiff may oppose
the. same with counter atliduvts.
Sec. o. The plaintiff in an action to re-
SOfeI pOSSeSlOu VI peFSOudl property Mdys
at the time of the issuing of the summons,
or at any time before answering, claim
the Immediate delivery of such property.
The plaintiff, his agent or attorney, shall
make and file an affidavit, similar to the
affidavit required in the justice court in like
case, The plaintiff, or some person In his
behalf. shall execute bond with sufficient
sureties, to be approved by the judge court
commissioner or justice of the peace of
the county in which said city is situated,
conditioned similar to the bond required
l., IT,, tko
as may be- and file such bond, and an ac-
ton may be maintained on such bond AS
upon similar bonds filed In like actions in
justice courts The clerk shall thererpon
STATE OF MINNEsoTA,)
County OF ....... u.s.
Municipal Court.
The State Of Minnesota to any police Of,
fcer of said city of ........., or the sheriff
or any constable of said county.
has become possessed of and unjustly de-
tains from ........ the following described
goods and chattels, that is to say: (Particu-
,arly describing the articles and yalue)
Therefore, you hereby commanded to
cause the said goods and chattels to be re-
pleyied without delay, and deliver the same
TO the SAID ;:,ti;' and return this writ
with the return of your proceedings there
Witness, the Honorable ., Municipal
Judge, this ....r... day Of ........, A. D.
h..
G.. 81 Clerk of the Municipal Court
Or the writ may be in any other form
that the court may prescribe by rule or
Sec %. The writ mentioned in the pre-
cedlng section shall be served and all pro-
rcedngs hereunder had, as near as may
be consistent with the practice of this
court IN the same manner as in the pro-
ceedings in replevin in the justice court:
put the times of trial and the forms of
tons in this court. The officer executing
the writ snail retain the property taken
under it in his custody for three days be-
fore ;t dheiliv ERIN the same to plaintiff, and
one in his behalf shall execute to the
plaintiff sufficient bond in amount equal
to the bond filed by the plaintiff, with suf
icient suretes, to be approved by the
judge, court commissioner or a Justice of
the peace of the county in which said city
is situated, conditioned as in like case,
IN the district court, and file such bond,
the clerk shall thereupon issue an order to
the officer to deliver such property to the
defendant.
Sec. "a. The defendant may except to the
su1hciency of the plaintiffs sureties within
the same time and in the same manner as
in proceedings of claim and delivery of
personal property in district court, and
when defendant SO excerpts the same pro-
S.S'itt7o Siihli We llittl DIS III ike icIlOnS III
the district court, except that the justif-
cation of sureties be had before the Judge
Of said municipal court or the court com
n missioner i OF justice Of the peace of the
Inc qual1flcatlonS of Sureties shall be the
same as required in like actions in the dis
trict court.
Sec. %. The clerk of said court shall,
prior to each term Of the court. make up
calendar Of the causes which shall come
up for trial, or for any disposition before
the court, at such term, adopting such ar
rangement as the judge may direct: and
the court shall direct the order Of trial and
other disposition of causes.
Sec. 2G In all actions where either party
demands Il trial by jury such jury shall
be drawn and empanciled in the SAME man
ner as in justice courts, and the laws of
this state relative to trial by jury in justice
courts shall apply to this court: provided.
that the judge of said court may direct
the chief of police or any police officer
marshal of said city to perform the duties
prescribed to be performed by the sheriff
or constable in Justice courts.
Sec. 81 Dispositions may be taken and
read in evidence in said court, as in JUS
tice courts, and all laws relative to deposit
lions in justice courts shall apply to said
municipal court -
Sec. rs; Title is of chapter &c of the
General Statutes of 1878. and title 10 of
the same chapter, shall apply to said
ton of actions Of forcible entry and unlaw-
full detainer. and may fix return days for
such actions other than the regular term
days of said court: and chapter 81. Of the
General Statutes of 1878. shall apply to
said court. and the practice shall be the
same in such cases, as near as may be, to
similar proceedings in justice courts.
Sec. %. Proceedings against garnishee
may be instituted in the same manner as
in justice courts, but the summons may
be served either by an officer authorized by
this act to serve process or by any person
not a party to the action, at any place
within the State of Minnesota: and the
summons may be made returnable at any
term Of said court which may be named
therein; and the notice required to be
served on the defendant may be signed by