The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-25

$500
until and before the pleadings therein
have been settled, and an issue or issues
of fact have been formed: and, provided
further, that all jury cases in which the
pleadings have been settled and the is
sues formed shall stand for trial at the
term of said court Immediately following
the settling of the pleadings and the form
ing of the issue or issues therein; and it
is hereby made compulsory and manda-
tory upon the judge of said court, at
the terms thereof provided for the set
Ting OF pleadings and the forming of
ISSUES as hereinbefore provided, to settle
the pleadings and to form the issues in
all civil cases in which trial by jury
are demanded After the pleadings in
any such civil case have been settled, and
the issue or issues formed. except mat
ters occurring subsequent to the set
Ting of the pleadings, at or during the
jury term at which the same stands for
tri-' nor amendments allowed there
in; provided, that at any time during the
trial, and while the trial of the case is
in progress, either party may be allowed
to amend so as to meet any phrase Of
the evidence not covered by the previ-
Gus pleadings then in the case that may
be developed on the trial; provided, that
the amendments herein and hereby per-
mltted shall be allowed only upon such
terms and conditions as the justice of
the case may require.
See. In all civil cases at law in said
court the defendants therein shall be re-
quired by the summons therein served
upon them, to appear and plead or demur
to the complaint within thirty days after
sue service of summons and complaint
upon them, whether the said service shall
be made In term time or vacation; and
in Ill cases commenced by attachment the
defendant shall appear and demur or
plead within thirty days after the levy
of the attachment and service of no
tice thereof, or in case the suit is against
a nonresident, or other person upon
whom service may be had by publication,
within thirty days after service is per-
fected by such publication; and in all
other cases the defendant must appear
and plead and demur within thirty days
after the perfection of service upon him.
and In all cases, whether commenced by
summons and complaint, or otherwise, any
defendant failing for more than thirty
days after service has been perfected
u L him, or notice of appeal given, to
appeal and der2ur or plead shall be held
to be In default, and at any time there
aItor Judgment by default, on motion of
the plaintiff shall be rendered against
him, provided that the court may, for
good cause shown, allow such judgment,
so obtained by default to be set aside
and demurrer or pleas to be filed ON such
terms as the court may think just; but
no application to set aside such judg-
ment. unless it be for some reversible en-
ror, committed in the rendition thereof,
shall be entertained by the court, I'M
less accompanied by an affidavit made
by tho defendant, his agent or attorney,
setting forth defendants defense to such
suit. and provided that the courts ac-
ton in granting or refusing to grant such
judgment by default and for setting aside
such judgment, or refustl to set aside
such judgment, may be appealed from
and such action and ruling be reviewed
by the Supreme Court of Alabama, upon
the appellant in such cause giving good
and sufficient bond to be approved by
the clerk.
Sec Q. In all cases whether commenced
by summons and complaints, attach
ment or otherwise the issue and ques-
lions of fact shall be tried by the court
without the intervention of jury, unless
the Jury be demanded by one of the liti-
CANT parties to said cause, prior to or
Immediately upon the settling of plead
ings and the forming of an issue or
issues of fact in such cause, and that
thereupon and thereafter such cause is
placed upon the trial docket of said court,
that such demand must be entered of
record at the time such demand is made;
that this provision shall apply to all
cases brought by appeal or certiorari from
judgments of justices of the peace, nota-
ries public, ex-off1cio justice of the peace,
or where inferior tribunals, except cases
in which the amount involved is less than
twenty dollars, all of which cases shall
be tried by the court without the inter-
venton of a jury.
Sec. 10. That whenever by reason of
any ruling or decision of the court on the
trial of the cause, either upon pleadings,
admission or rejection of evidence, or
upon charge to the jury, it may become
necessary for the plaintiff to suffer a
suit the facts, point ruling or de-
cision may be reserved for the review and
decision of the supreme court by bill OF
exception or by appeal on the record as
in other cases.
Sec II. In all cases tried by the court
without the intervention of a Jury. either
party may, in writing. demand of the
Judge trying such case that he find the
facts specially, and if a special finding
be requested, the court must state in
such statement with the judgment of the
court. must be entered on the minutes
Sec ~. That this court hereby estab-
lished shall have jurisdiction of all ap-
peals from justices of the peace, or nota-
res public ex-offcio justices of the peace,
or other courts of inferior jurisdiction in
Morgan county, that all original and
mesne processes, notices, citations, and
wrts scire facias shall be executed in
stanter and returned Immediately upon
the execution thereof by the officer re-
ceiving and e-,ecuti,e ti1e same. That all
appeals in civil cases at law from inferior
courts to said Morgan county law and
equity cour+ aha'1 stand for trial when
reached on tho regular call of the docket
at any time after ten days notice of the
suing out of such anpeal shall have been
given TO the adverse party, as now re-