The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1903-05-02
Clerk of Municipal Cour+

NAeIk OI WI un1Clpal COurf.
or the summons may be in any other form
which the court may by rule prescribe,
and shall be served upon the defendant
at least six g., days before the. com
zane IS made returnable.
Sec. II. The summons in this court
shall be served in the Same manner as
prescribed by, statute for service Of sum
mons, in district court in all cases or
Glasses Of cases whereof this court has
jurisdiction. except that In case Of ser
period Of such publication shall be three
80 consecutive weeks instead Of six.
No summons shall be issued until tho
complaint com in the action shall have been
Sec. II. All pleadings in said municipal
court shall be In writing. If the defend
fhs c fa5 to tha ear at the opening
mons is made returnable. judgment may
be entered against him for an amount
not exceeding that mentioned in the COM
except that when the action Is for un-
liquidated damages or relief the plafntiff
shall obtain such judgment, only as he
shall show himself entitled to by evil
If he so appear, he shall then, or at
such time as the court may designate.
plant: and if the answer contain
counter claim or new matter, the plain
tiff shall reply thereto forthwith. or at
such time as the court may. by rule. or
The answer and reply shall be in writ
ing and filed with the clerk, and such
pleading shall be verified by the party,
his agent or attorney, either as in courts
of justices Of the peace or in the dis
trict courts Of this state.
Sec. 49, Either party may demur to any
trict court. except that the demurrer to
any pleading shall be filed within the
same time allowed for filing an answer
or reply to such pleading.
All n1aa6tnpS shall ha
Etrued literally, and technical objections
shall be disregarded.
Sec. Is: The court may for good cause
as it may deem equitable open any de-
fault at the same term at which it may
have oceurrsd or r. allow an ame1dment
disregard variance between the allega-
tions of pleading and the evidence, un-
less satisfied that the adverse party IS
Sec 1e Either party shall be entitled to
D continuance of a civil action, except
action for forcible entry and unlawful
detanHr until the next term OF b the court {b
summons is made returnable: and fur
Their continuance may be granted upon
sufficient cause cause shown and on such terms
Sec. II. Said court shall have authority
to order that the pla1nti IN an any CIV
amount is beyond the jurisdiction Of
Justice Of the peace when the plaintiff is
a nonresident Of this state, shall, by
bond, recognizance or deposit of money
with the clerk, give security for the costs
IN such sums as the court may designate;
when the plaintiff in any cause shall neg
lect or refuse to so give such security
when ordered, the court may dismiss
such cause at the cost of said plaintiff.
Sec. IS. Costs shall be allowed in &C
tions determined in said court to the pre-
vailing parties as follows:
To the plaintiff upon judgment in his
favor of one hundred dollars or more or
in actions of replevin, when the value of
the property is one hundred dollars or
more. when no issue Of fact or law is
Joined. five dollars; when an issue is
To the defendant, when the amount
claimed in the complaint is one hundred
dollars or more, upon discontinuance or
dismissal, five dollars: when Judgment
Is rendered in his favor upon the merits.
In such case, ten dollars.
be taxed and allowed by the clerk. upon
two days notice in writing by either
party unless notice is waived by stipula-
ton, and inserted in the entry Of iudg-
nent. The provisions Of the law relating
to the taxation of costs and disburse-
trict court shall apply to this court.
Sec. 20. Any creditor desiring to pro-
coed by attachment in said court, may at
the time of commencing the action or
thereafter and while the action is still
pending, by himself, his agent or attor-
ney, make and file with the clerk an aff1-
davit similar to the affidavit REQUIRED by
tachment in a justice court, and also
cause to be filed with the clerk a. bond
with sufficient sureties to be approved
by the Judge, court commissioner or any