The Montgomery advertiser., 1903-10-23

the Circuit Court of Jefferson county. by summons and complaint. the defendant shall be required to appear and plead to the complaint within thirty days after the service of the summons and com plaint 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 failing 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. or 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 1t 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 afiiant, the defendant has lawful defense to such suit and setting out the substance thereof.
 Sec. 3. 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 judgment nisi may be rem dered against him upon motion of the plaintiff, and if the plaintiff is otherwise entitled to such judgment nisi; and. unles, otherwise ordered by the court, or other wise provided by statute or rule of prac- tice. all citations, rules, scire facias and notices issuing from said court shall re- quire 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 all cases whether commenced by sum mons and complaint. attachment, or oth- erwise. shall be deemed and taken to be 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. TO- That all original and mesne process, notices, citations and scire fa- cias 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, fieri facias and venditioni exponas Issuing from said court shall be made returnable ninety days after the issue thereof.
 Sec. Il. That all cases brought by ap- peal from justices of the peace. or other inferior courts, to said court shall stand for trial. when reached on the regular call of the docket. at any time after thirty days notice of the taking of such appeal or suing out of such certiorari shall have been given to the adverse party, as required by law.
 Sec. 12. That in all cases au 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 court without the intervention of a jury, unless jury be demanded by the plain tin at the commencement of the suit, or by the defendant at the time he appears or by any other person interested in such issue or question at the time he ap- pears. such demand must be made by the plaintiff, or the party occupying the po- sition 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 question of fact; and by the defendant or other party occupying the position of defendant, including garnishees, by en- dorsing 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 a 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 and 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 revieG, 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 shall seem right