The Birmingham age-herald., 1907-08-29


 from said court shall require an answer thereto within thirty days after the serv- ice thereof; and upon the failure Of any garnishee to make answer within thirty
 days he shall be deemed in default and a judgment nisl may be rendered against
 him upon motion of the plaintiff if the
 plaintiff Is otherwise entitled to such judgment nis and unless otherwise or
 dered by the court, all citations, rules
 writs of scire facas and notices issuing
 from said court shall require the party
 against whom they are issued to appear and plead or answer within thirty days
 after the service thereof, and if the cita-
 tions or notices are to be given by publl-
 cation within thirty days after the perfec-
 tion of the service by publication and
 all cases, whether commenced by sum
 mons and complaint, attachment bill or
 otherwise, shall be deemed to be triable
 upon the appearance of the defendant and
 his pleadings, or if he does not appear
 within thirty days after the publication of
 service upon him, at the end of such
 thirty days. All contests of answers of
 garnishees shall be filed within thirty
 days after the filing of such answer, and
 unless the time therefor be extended by
 the court, the right to contest shall be
 thereafter waived.
 Sec. IA. That every Monday of the term may be the return day for any and all process in said court. both mesne and final; provided, however, that mesne or final process may issue In any cause on application of parties causing such issuance to any return day not exceeding six months after the date of issuance. That all regular and mesne process, notices. citations and writs of scire facias, shall be executed instanter and unless otherwise provided by law shall be returned immediately upon the execution thereof by the of
 flcer executing the same.
 Sec 15. That all cases brought by appeal or certiorari from justices Of the peace or other inferior courts to
 said court, shall stand for trial at any time after ten days notice of the talk ing of such appeal shall have been given to the adverse party, as required by law.
 Sec. 16. That in all cases at law tried in said court, whether commenced
 by summons and complaint, attach ment or otherwise, the issues and questions of fact shall be tried by the court with out the intervention of a jury, unless a jury be demanded by the plaintiff at the commencement of the suit, or by the defendant at the time he appears, or by any person interested in such issue or question at the time he appears such demand must be made by the plaintiff or party occupying the position of plaintiff, by endorsing the same in writing upon the summons and com plaint, attachment, petitions, claim or other paper filed by him for the pur- pose of institing such suit, or when he intervenes without suing out pro- cess, upon the pleadings of paper filed by him for the purpose of presenting such issue or question of fact; and by the defendant or other party occupy ing the position of defendant, includ- ing garnishees, by endorsing such de- mand in writing upon the demurrer, plea answer, or other pleading filed by him: and when a cause Is transferred to said court from the circuit court 1t shall be tried by the court without a jury unless at the time of argument made for such transfer demand for a trial by jury be made in writing and filed in said cause; and in all cases
 brought by appeal or certioraris from Judgments of justices of the peace or other inferior tribunals the issues and
 questions of fact shall be tried by the court without jury unless a demand for trial by jury be made in writing and filed in the cause by the party mak- ing the appeal at the time he takes the same, or by the opposite party
 within ten days after he has been served with notice of the appeal; pro-
 yided. that the judge of said court may
 order any cause or issue of fact. which | by law may be tried by jury, to be SC
 tried by jury
 Sec. IT. That in the trial of any
 cause at law by said court, with out a jury, in additions to tho questions which may be, under existing laws. presented | to the supreme court of the state for
 review. either party may by bill of exceptions, also present on appeal Tor review, the conclusions and judgmen of the court upon the evidence, and the supreme court shall review the same
 with out any presumption in favor oi
 the court below on the evidence; and l in such cases, If they find that ther IS an error, they shall render such judg-
 ment in the cause as the court below should have rendered, or reverse and | remand the same, for further proceed
 ings as to the supreme court shall 1 seem right.
 | Sec. IS. That appeals or writs Of cer- 1 tiorari may be taken to said court here- by established from the Judgment or Jus | tices of the peace or other inferior courts
 in the county of Mobile in all civil cases l In which appeals or writs of certiorari 1 may by law be taken from such 1uog-
 ments to the circuit court of said county l and in the same manner.
 l Sec 19. That the supreme court oi | this state shall have appellate ana SUI | pervisory jurisdiction over said court and | the Judges thereof, which may be exer- | cised in the same manner and In the same cases as such Jurisdiction may be | exarcised over the circuit or chancery | court or the judges thereof; and appeals l may be taken from the Judgments, orders l and decrees of said court to the supreme 1 court In the same manner, within the | same tine and in the same cases as ap-
 peals are taken from judgments, orders | or decrees of the circuit or chancery | court to the supreme court
 l Sec 20 That after ten days from the | rendition of any judgment or final de- | cree unless otherwise directed in said | Judgment or decree, the clerk or register | of said court shall Issue execution, res
 turnable as hereinbefore provided. Pro-
 vided. however, that nothing herein con
 tained shall prevent any person From
 having execution issued within said ten
 days. upon making affidavit as now pro
 vlded by law in relation to the issue of
 execution upon judgments in the circuit
 court. and provided further, that noth- ing contained herein shall prevent the
 superceding of execution after the issue | thereof upon giving supersedeas bond as | now required by law.
 l Sec 2l That all laws of general na-
 ture now in force or that may hereaIter | be enacted giving or extending jurisdic- l ton to the circuit and chancery courts
 shall be held to extend and apply to said | court. although the said court may not
 be mentioned therein, unless the contrary
 be expressly provided and unless they are contrary to the provisions Of this act. 1 Sec 22. That all bills of exception re-
 lating to the trial of causes in said court, ! lx.yt tta f1fdn na 1yh o.