The Montgomery advertiser., 1907-12-15
AN AcT
H..l1s.

No 80. AN ACT H.l1s. To regulate the practice and proceed ings in the Circuit Courts. of Marion
 County. Alabama. and in the Supreme Court on appeals from Judgments
 rendered in such cases.
 Section l. Be 1t enacted by the Leg islature of Alabama. that in all cases rion county, In this State, by summons and complaint. the defendant shall be required to appear and demur or plead to the complaint within thirty days after the service of the summons and complaint upon him. whether such ser vice be made in term time or vacation; and in all cases commenced by attach ment, the defendant shall appear and demur or plead to same within thirty days after the levy of the attachment and service of the notice thereof. or in case the suit is against nonresident. or other person upon whom service may be had by publication. within thirty days after service is perfected by such publication; and in all other cases the defendant must appear and plead or de- mur within thirty days after the per lection of service upon him; and in all cases, whether. commenced by sum- mons and complaint, attachment or oth- erwise. any defendant failing for more than thirty days after service has been perfected upon him to appeal and de- mur or plead. shall be held to be m 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 Judg- ment so obtained by default to be set aside and demurrers or pleas to DC filed on such terms as the court may think just, but no application to set | as ,,k txxAs anf nn1aGQ If .ha Tor some reversible error committed in the rendition thereof, shall be entertained by the court unless accompanied by an affidayit made by the defendant or his agent or attorney to the effect that, in the belief of afiant the defendant has lawful defense to such suit.
 Sec g.. That in all cases, whether commenced by summons and complaint. attachment or otherwise, the issue and question of fact shall be tried by the court without the intervention of a fury, unless jury be demanded by the plaintiff at the commencement of the suit, or by the defendant at the time he, appears. Tor by any other person Tn. terested in such Issue or question at the time he appears, such demand must be made by the plaintiff or the party occupying the position of plaintiff by endorsing the same In writing upon the summons and complaint, attach mont. petition claim, or other paper filed by him. for the purpose of instituting such suit, or when he interyenes With out suing out process. upon the plead ing or paper filed by him for the pur- pose of presenting such issue or ques- ton of fact, and by the defendant or other party occupying tfs position of defendant. including garntshees. by en- dorsing such demand in writing upon the demur. plea, answer or other plead l. t.t nv n brought by appeal or certiorari from Judgments of justice of the peace or other inferior courts. the issues and questions of fact shall be tried by the court without jury unless demand for trial by jury be made in writ ing and filed in the case by the par- ty taking the appeal or suing out the certiorari at the time of the taking out or suing out of the same. or by the op- posite party within thirty days after he has been served with notice of the appeal or cerhorari.
 Sec. g. That in the trial of any case without jury fin said court in addition to the question which may be under existing laws presented to the Supreme Court for review, either party may by bill of exceptions also present for review the conclusions and Judgments of the court on the evidence and the Su- preme Court shall review the same without any presumption In favor of the court below on the evidence. and if there be an error, shall render such Judgment in the case as the court below should have rendered or reverse and remand the same for further proceedings as to the Supreme Court shall be deemed right.
 Sec 4. That the provisions of this Act shall not apply to the trial of persons charged with misdemeanors or other crimes. whether commenced in said court. or brought thereto by appeal: nor shall they apply to trial of cases brought to said court by appeal from the judg- ment of the mayor of any city or town fin said county for the violation of any municipal ordinance.
 Sec. B. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
 Approved Nov 2s. 1907.
 Official:
 Frank N. Juiior