The Birmingham age-herald., 1903-10-23

~-'N CttS SoAA 1OdiA O1 JNAttSOH county. DX
 summons and complaint the defendant
 shall be required to appear and plead
 10 the complaint within thirty days after
 the service of the summons and com
 piaint upon him, whether such service
 be made in term time or vacation. and
 in all cases comenced by attachment the
 defendant shall appear and plead within
 thirty days after the levy of the attach
 ment and service of notice thereof or
 in case the suit is against a nonresident.
 or other persons upon whom service may
 be had by publication, within thirty days
 after service Is perfected by such publi-
 cation; and in all cases. the defendant
 must appear and plead within thirty days
 after the perfection of service upon him.
 and in all cases, whether commenced by
 summons and complaint, attachment or
 otherwise, any defendant falling for more
 than thirty days after service has been
 perfected upon him to appear and plead
 shall be held to be in default and at any time thereafter judgment by default, on
 motion of the plaintiff may be rendered against him; provided, however, that the court may for good cause shown, allow
 such judgments so obtained by default to
 be set aside, and demurrer or pleas to be
 filed, on such terms as the court may
 think just; but no application to set
 aside such judgment, unless it be for
 some reversible error committed in the
 rendition thereof, shall be entertained by the court, unless accompanied by an af- fidavit made by the de.endant or his
 agent or attorney to the effect, that in
 the belief of the affiant. the defendant
 has a lawful defense to such suit and
 setting out the substance thereof.
 Sec. g. That all garnishments issued
 from said court shall require an answer
 thereto within thirty days after the ser
 vice thereof; and upon the failure of any
 garnishee to make answer within such
 thirty days, he shall be deemed In de-
 fault, and a judgment nisi may be ren-
 dered against him upon motion of the
 plaintiff, and If the plaintiff is otherwise
 entitled to such judgment nisi; and, unless
 otherwise ordered by the court, or other
 wise provided by statute or rule of prae- tice. all citations, rules, scire facias and notices issuing from said court shall re- duire the party against whom they are Issued to appear and plead, within thirty days after the service thereof, or. If the citations or notices are to be given by | publication, within thirty days after the perfection of service by publication; and I all cases whether commenced by sum | mons and complaint, attachment, or oth- erwise, shall be deemed and taken to be l at issue and triable upon the appearance of the defendant and his pleading to the | plaintiffs complaint, petition or other pleading, or, if he does not appear within thirty days after the perfection of ser vice upon him, at the end of such thirty | days.
 Sec. 10 That all original and mesne
 process, notices, citations and scire fla | cas shall be executed instanter. and,
 unless otherwise provided by law, shall | be returned immediately upon the execu-
 tion thereof by the officer executing the same; and all executions, ierf facias and
 venditioni exponas issuing from said
 court shall be made returnable ninety l days after the issue thereof.
 | Sec. H. That all cases brought by ap- peal from justices of the peace. or other | inferior courts, to said court shall stand l for trial when reached on the regular i call of the docket. at any time after l thirty days notice of the taking of such appeal suing out of such certiorarI
 shall have been given to the adverse | party, as required by law.
 1 Sec. F. That in all cases at law in said
 court whether commenced by summons
 and complaint attachment or otherwise, | the issues and questions of fact shall be | tried by one or more of the judges of the l court without the intervention of a jury, unless a jury be demanded by the plain | tiff at the commencement of the suit, or | by the defendant at the time he appears
 or by any other person interested in 1
 pears, such demand must be made by the
 plaintiff, or the party occupying the po-
 stion of plaintiff. by endorsing the same
 In writing upon the summons and com plaint, attachment, petition, claim or | other paper filed by him for the purpose | of instituting such suit. or when he in | tervenes without suing out process. upon | the pleading or paper filed by him for | the purpose of presenting such issue or | tf.., af fan at nd l.N fhn dnfo 6o mt
 or other party occupying the position of defendant, including garnishees, by en- | dorslng such demand in writing upon the | demurrer. plea, answer or other plead | ing first filed by him; and when a cause Is transferred to said court from any other court it shall be tried by one or
 more judges of the court without jury,
 unless, at the time of the application
 made for such transfer. a demand for trial by jury be made in writing and
 filed in said case, provided that this shall
 not apply to cases pending in the City
 Court of Birmingham. Circuit Court of Jefferson County, and the Criminal Court of Jefferson County at the time this Act
 goes into effect; and in all cases brought by appeal all certiorari from judgments
 of justices of the peace or other inferior tribunals the issues and questions of fact
 shall be tried by one or more of the judges of the court without a jury, un- less demand for trial by jury be made
 in writing and filed in the cause by the party taking the appeal or suing out the certiorari at the time sf taking or suing out the same, or by the opposite | party within ten days after he has been served with notice of the appeal or cer- | tiorari.
 | Sec. 13. That the judges of said court | shall have power to make ar.l adopt such rules of practice as in their opin- ion, may be required by a proper sys- | tenn of practice therein having in view | the expedition of the trial of causes, and | to amend the same as may be expedient | such rules to be entered of record upon the minutes of said court. and may be changed or annulled by the Supreme
 Court of the State Provided that all
 rules of practice of any of said courts
 which may be in force when this Act
 takes effect shall remain in full force un-
 til altered, amended or repealed by the judges of said circuit court.
 Sec. IA. That in the trial of any cause at law in said court without a jury. in
 addition to the questions which may be,
 under existing laws presented to the Su- preme Court of the State for reyieV
 either party, by bill of exceptions may also present, on appeal for review, the conclusions and judgments of the court upon. the evidence: and the Supreme
 Court shall review the same without any presumption in favor of the court below
 on the evidence. and. in such cases if
 they find that there is error, they shall
 render such judgment in the cause as the
 court below should have rendered or re-
 verse and remand the same for further
 proceedings, as to the Supreme Court