The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24
CLERK of MunicinaI CO..

or the summons may be in any other form
. when tne court may by rule prescribe
at least six (6l days before tha cow
IHehceInent of the term at which the
same G IS made returnable.
oGC- IL The summons in this court
sHdII De served in the same manner as
prescribed by statute for service of sum
mons, IN district court in all cases or
GIaSseS OF cases whereof this court has
jurisdiction, except that in case of GER
vice of summons by publication tha
period or such publication Shall be three
90 consecutive weeks instead OF six
NO summons shall be issued until tho
complaint in the action shall have been
MED with the clerk.
sec. Il. All pleadings in said municipal
court snail be in writing. If the defend
It.l laIs 10 appear at the opening Of
the court or the day on which the sum
mons Is made returnable Judgment NAV
be entered against him for an amount
NOT exceeding that mentioned in the com
pant and for costs and disbursements
except that when the action is for mn
hquldated damages or relief, the plaintifY
shau obtain such judgment only as he
shaH SHOW himself entitled to by evil
dence ana proof.
II he so appear, he shall then. or at
sucn time as the court may designate.
by rule or otherwise. answer the com
plant; and If the answer contain a
counter claim or new matter. the plain
TIN shall reply thereto forthwith, or at
such time as the court may, by rule, or
otherwise, designate.
The answer and reply shall he in Writ
ing and filed with the clerk, and such
pleading shall be verified by the party.
ms agent or attorney, either as in courts
OF justices of the peace or in the dis
trict courts Of this state
sec. u. Either party may demur to any
pIeadlngS of his adversary, as in the dis
trlct court, except that the demurrer to
same time allowed for fling an answer
or reply TO such pleading.
Sec. IA. All pleadings shall be con-
strued literally, and technical objections
shall be disregarded.
Sec. 10, the court may for good cause.
In its discretion, and upon such terms
as 1t may deem equitable, open any de-
fault at the same term at which it NAV
have occurred. or allow an amendment
OF any pleading at any time, and shall
disregard variance between the allega-
lions of a pleading and the evidence, un-
less satisfied that the adverse party is
preludiCed thereby.
Sec. is. Either party shall be entitled to
a continuance Of civil action, except
detainer, until the next term of the court
following the term at which the
summons is made returnable; and fur
ther continuance may be granted upon
sulnclent cause shown and on such terms
as may be just.
Sec. Il. Said court shall have authority
to order that the plaintiff, in any civil
action in which a justice of the peace
would have jurisdiction. and when the
amount IS beyond the jurisdiction of a
justice OF the peace when the plaintiff is
nonresident of this state, shall by
bond, recognlzance 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 ac-
lions determined in said court to the pre-
Nalllng 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
more. when no issue of fact or law is
Joined, five dollars; when an issue is
Joined. ten dollars.
To the defendant, when the amount
claimed in the complaint is one hundred
dollars or more, upon discontinuance on
dismissal, five dollars; when judgment nj
IS rendered in his favor upon the merits
in such case, ten dollars.
Sec. 10. Costs and disbursements shall
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 judg-
ment The provisions of the law reIatine
to the taxation of costs and diSburse-
ments and appeals therefrom in the dis
trict court shall apply to this court.
Sec. 20. Any creditor desiring to pro.
coed by attachment in said court, may. al
the time of commencing the action, OF
thereafter and while the action is still
pending, by himself, his agent or attor-
ney, make and file with the clerk an aft
davit similar to the affidavit required by
law in the application for writ of at
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