The Montgomery advertiser., 1903-10-14

V0 regulate the practice in the Circuit
 Court of Walker County. Alabama,
 and to provide rules of practice Tor said court; and to provide for drawing
 5uries for said court.
 Section 1. Be 1t enacted by the Legis- 14ture of Alabama. That in all civil cases commenced in said court by summons and complaint the defendant shall be re- Qufred to appear and demur or plead to the complaint within thirty days after the eervfce of the summons and complaint up- on him. whether such service be in term time or vacation: and in all cases at law. commenced by attachment, the defendant shall appear and demur CT plead within thirty days after the levy of attachment and service of notice thereof, or in case the suit is against a nonresident or oth- CT person upon whom service may be hed by publication. within thirty days after service fs perfected by such publication: and in all other cases at law the defend- ant must appear or plead and demur within thirty days after perfection of such service upon him: and in all cases at law. whether commenced by summons and complaint. attachment. or otherwise the defendant falling. for more than thirty days after service has been perfected up- on him. to appear and dernur or plead shah be held to he in default and at any lime thereafter Judgment by default. on motion of the plaintiff may be rendered axainst him. provided. however. that the court may. for good cause shown. allow auch Judgment so obtained by default. to be set aside: and demurrers or pleas to be flled on such terms as the court may ffink just: but no application to set aside such judgment unless it be for some re- versibie error committed in the rendition x1n~ ~hoI al aS Hxrt tt,o ox,rk unless accompanied by an afiidavit by the 1efendant or his agent or attorney to the effect that in the belief of the affiant the s3efendant. has a lawful defense to such suit
 Sec. 2. That all garnishments issued from said court shall require an answer thereto within thirty days after the ser- vice thereof: and upon a failure of any garnishee to make answer within thirty days he shall be deemed in default and a judgment nisi may be rendered against him upon a motion of the plaintiff if the plaintiff is otherwise entitled to such Judgment nisi, and unless otherwise or Sered by the court, all citations. rules, writs of scire facias and notices issuing from said court shall require the party against whom they are issued to appear and plead within thirty days after the service thereof, if the citations or notices are to be given by publication within thirty days after the perfection of ser vice by publication and all cases whether commenced by summons and complaint. attachment or otherwise shall be deemed and taken to be at issue and triable upon the sappearance of the defendant and his 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. S. That all original and mesne pro- cess notices. citation and writs of scire facias. shall be executed instanter. and unless otherwise provided by law shall be returnable immediately upon the exe- cution thereof by the officer executing the same. and all executions writs. of fieri facias, and writs of renditioni exponas. is- suing from said court shall be made re- turnable ninety days after the issue there- of
 Sec 1. That all cases brought by ap- peal or certiorari 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 talk ing of such appeal shall have been given to the adverse party. as required by law.
 Sec. s. That all bills of exception relat- ing to the trial of causes. civil and crim-
 
 presiding judge of said court within thirty days after the day on which the issue of issues of fact to which said bill of excep- tions relate was tried. unless the time for signing such bill of exceptions Is ex- tended by agreement of parties or by or der of the presiding judge as now author ized by law, respecting the signing of bills of exceptions in the circuit court.
 Sec. 6. That final judgments and de- erees rendered in said court shall, after the expiration of thirty days from their rendition. be taken and deemed as com pleteiy beyond the control of the court. as if the term of said court at which said Judgments and decrees are rendered, had ended at the end of said thirty days; pro- vided. however. that nothing herein con- tained shall prevent parties from apply ing for a new trial or rehearing within said thirty days or destroy or change the effect of motions for new trials or re- hearings when so made. or shall prevent parties from applying to said court for rehearing under the statute authorizing application for rehearing in the circuit court, or shall prevent the court from retrying any cause under Section 3sl1 of the code of Alabama. or shall prevent the court from the exercise of any power or iurisdiction conferred upon the circuit court touching final decrees and judg- ment.
 Sec. '. That all the witnesses in at- tendance upon said court must prove their attendance within five days after the ter imitation of the trial of the cause an which they were subpoenaed or called to testify, and unless they prove their attendance within that time, their fee shall not be taxed as costs, nor shall they besrecoverable against either party.
 Sec. B. That in the trial of any cause at law in said court. in addition to the questions may be. under existing laws presented to the Supreme Court of the State for review, either party may by bill of exceptions. also present an appeal for review, the conclusions and judgment 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 case. if they find that there is error they shall render such judgment in the cause as the court below should have rendered, or reverse and remand the same, for fur ther proceedings as to the Supreme Court shall seem right.
 Sec. g. That after ten days from the rendition of any judgment or decree un- less otherwise directed in said judgment. the clerk and register of said court shall issue execution. returnable. as hereinbe- fore provided. Provided. however that nothing herein contained shall prevent any person from having execution issued within said ten days, upon making aO1- davit as now provided by law, in relation to the issue of execution upon Judgments in the Circuit Court; and provided. fur ther that nothing herein contained shall prevent the superseding of execution af-