The Montgomery advertiser., 1907-12-20


 No 1aN AN ACT. tH. sI. .ro ra@,,ste the practice and proceed
 ings in civil cases in the Circuit
 fyourts of Franklin County in this
 state and in the Supreme Court on
 appeals from judgment rendered in
 such cases.
 Saction 1. Be it enacted by the Leg isIature of Alabama, That in all cases commenced in the Circuit Court or Franklin County in this State. by sum mons and complaint, the defendant sboii he required to appear and demur or nlead to the complaint within thirty days after the service of the summons and complaint upon him. whether such sarvice be made in term time or Vaca- tIon: and in all cases commenced by at- tachment the defendant shall appear and demur or plead to within thirty days after the levy of the attachment and service of the notice thereoi' or fin case the suit Is against non-resi- dent. or other person upon whom the service may be had by publication within thirty days after service is per- fected by such publication; and In all otber cases the defendant must appear and plead or demur within thirty days after the perfection of service upon him; and in all cases, whether com menced by summons and complaint, att
  failing for more than thirty days after service has been. perfected upon him to anpear and demur or plead, shall be held to be in default. and at any time thereafter, judgment by default. on motion of the plaintiff may be rendered against him, provided. however, that the court may, for good cause shown, allow such judgment so obtained ny default to be set aside and demurrer ar pleas to ne filed. on such terms as inc court may think just, but no appli- cation to get aside such judgment, un- Iass If he for some reversible error committed in the rendition thereof, ghalI be entertained by the court un- less accompanied by an affidavit made bv the defendant or his agent or at- torney to the effect that in the beiief of the affiant the defendant, has a lawful defense to such suit.
 Sec :. That in all cases whether commenced by summons and complaint, attachment, or otherwise the issue and questions of fact shall be tried by the court without the Intervention Of jury unless jury be demanded by the nIaintiff at the commencement of the suit or bv the defendant at the time be anpears, or by any other person in- terested in such issue or question at tbe time he appears such demand must ha made by the plaintiff or the party occupving the position of plaintiff by endorsing the same in writing upon inc summons and complaint. attach ment. petition. claim or other paper filed by hiA for the purpose or lnst- tutine such suit, or when he intervenes without suing out process. upon the pleading or paper filed by him for the nurpose of presenting such issue or nuastion of fact and by the defendant or other party occupying the position of defendant including garpishees by endorsing such demand in writing up- er nIeading filed by him; and in all cases brought by appeal or certiorari from judgments of justices of the neace or other inferior tribunals, the issues and questions of fact, shall be tried by the court without jury, un" less A demand for trial by jury be made in writing and filed in the cause