Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1903-05-01
Clerk OF Mllnioino1 Court

OASAh u MUNICIPAL COnTf
or the ummon may be in any other form
which the court may by rule prescribe.
ana snail be served upon the defendant
at Least six 6, days before the com
same IS made returnable.
Sec. II. The In this court
snail be served In the same manner as
mons, in district court in all cases or
classes Of cases whereof this court has
jurisdiction, except that In case of ser
vice of summons by publication, the
period of such publication shall be- three
90 consecutive weeks instead Of six.
NO summons shall be issued until the
complaint in the action shall have been
filed with the clerk.
Sec. y. All pleadings in said municipal
court shall be In writing. If the defend
ant falls to appear at the opening Of
the court on the day on which the sum-
be entered against him for an amount
not exceeding nat mentioned in the COM
plant and for costs and disbursements
except that when the action is for un-
shail obtain such Judgment, only as he
shall show himself entitled to by evil
dence n proof.
If he SO appear, he shall then, or at
such time &s the court may designate,
by rule or otherwise. answer the COM
plant; and If the answer contain a
tiff shall reply thereto forthwith, or at
such time as the court may, by rule. or
otherwise, designate.
The answer and reply shall be In writ
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. IL. Either party may demur to any
pleadjngs of his adversary, as in the dis
any pleading. shall be filed within the
or reply to such pleading.
Sec. "A: All pleadings shall be con-
strued literally, and technical objections
shall be ~disregarded.
Sec. Is: the court may for good cause,
In it's discretion, and upon such terms
as it may deem equitable, open any de-
fault at the same term at which it may
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
prejudiced thereby.
Sec. 16. Either party shall be entitled to
a continuance Of a civil action, except
action for forcible entry and unlawful
summons is made r%eturnable; and fur
Their continuance may be granted upon
sufficient cause shown and on such terms
as may be just.
Sec. II. Said court shall have authority
to order that the plaintiff, in any civil
action in which q justice Of the peace
'oNAN GIN N1ASI LIN
amount is beyond the jurisdiction of a
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. 1S. Costs shall be allowed in ac-
lions determined in said court to the pre-
Vaillng parties as follows:
To the plaintiff upon a judgment in his
favor of one hundred dollars or more, or
In actions Of replevin,, when the value of
he property is one hundred dollars or
more, when no issue of fact or law is
Joined, ten dollars.
To the defendant, when the amount
planned in the complaint is one hundred
dollars or more, upon discontinuance or
dismissal, five, dollars; when judgment
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 st!pula-
ment. The provisions Of the law relating
70 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, at
thereafter and while the action is still
4. pending, by himself, his agent or attor-
hey, make and file with the clerk an aft
davit similar to the affidavit required by
law in the application for a writ of at
5achment in a JUSTICE go court rfsr, ana { haalssG9
With sufficient %sureties to be approved
~ thu Judge. court commissioner or any