The Montgomery advertiser., 1907-03-25
GENERAL LAWS
Enacted by the Legislature of Alabama.

| "s proVlued Tn this act. had been ue- manded by the parties thereto; week or weeks for the trial of civil cases 1 at law in which trials by jury have been. demanded; a week or weeks for the trial of criminal and quasi crimi- nal cases pending upon the dockets of said court; provided that such times so selected and fixed by the judge shall ] De entered of record upon the minutes Of said court, and such times of hold ing the court shall be fixed as soon I as practicable after the appointment and qualification of said judge. Pro-. vided, the times so fixed for holding such sessions of the courts may be amended or changed by the judge at any time and in any manner he may deem advisable, such change and amendments to be entered upon the 1 minutes of the court. Provided, fur ther, that no case in which jury is demanded, as provided for in this act, shall be set down for a trial of the issues of fact at a day less than thirty days from the time at which the plead ings are settled and issues formed. Pro- vided, further, that TO civil case at 1 law in which a trial by jury has been i demanded stands for trial at any jury term of said court until and before the pleadingss therein have been set- l tied, and an issue or issues of fact 1 have been formed; and, provided fur | I pleadings have been settled and the issues formed shall stand for trial at the term of said court immediately following the settling of the pleadings and the forming of the issue or issues therein: and 1t is hereby made compul- l sorry and mandatory upon the judge of l said court, at the terms thereof pro- vided for the settling of pleadings and ] the forming of issues as hereinbefore l provided, to settle the pleadings and to l 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 matters oc- 1 curing subsequent to the settling of | the pleadings, at or during tho jury term at which the same stands for 1 trial, nor amendments allowed therein; provided, that at any time during the trial, and while the trial of the case is in progress, either party may be al- l lowed to amend so as to meet any phrase of the evidence not covered by the previous pleadings then in the l case that may be developed on the 1 trial; provided, that the amendments l herein and hereby permitted shall be allowed only upon such terms and con- ditions as the justice of the case may require.
 Sec 8. In all civil cases at law in said court the defendants therein shall be required by the summons therein served upon them, to appear and plead or demur to the complaint within thir- ty days aften such service of sum- mons and complaint upon them, wheth- l CT the said service shall be made in term time or vacation3 and in all cases l commenced by attachment the defen- 1 dant shall appear and demur or plead within thirty days after the levy of the attachment and service of notice thereof, or in case the suit is against i a nonresident, or other person upon 1 whom service may be had by publi
 cation, within thirty days after ser vice is perfected by such publication; i and in all other cases the defendant | must appear and plead and denur with | in 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 upon him, or notice of appeal given, to appear and demur or plead shall be held to be in default, and at any time thereafter 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 reversi- ble error, committed in the rendition thereof, shall be entertained by the court, unless accompanied by an af- fdavit made by the defendant. his agent or attorney, setting forth defen- dants defense to such suit, and pro- vided that the courts action in grant ing or refusing to grant such judg- ment by default and for setting aside such judgment or refusal to set aside such judgment. may be appealed from and such action and ruling be reviewed by the Supreme Court of Alabama, up on the appellant in such cause giving good and sufficient bond to be approved by the clerk.
 Sec. g. In all cases whether com menced by summons and complaints. attachment or otherwise, the issue and questions of fact shall be tried by the court without the intervention of jury, unless the jury be demanded by one of the litigant parties to said cause, prior to or immediately upon the set ting of pleadings 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 he entered of record at the time such demand is made; that this provision shall apply to all cases brought by ap- peal or certiorari from Judgments of justices of the peace, notaries public, ex-ofacio 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 in- tervention of 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 plain tiff to suffer a non-suit, the facts, point, ruling or decision may be re- | served for the review and decision of the Supreme Court by bill of exception or by appeal on the record as in other cases.
 Sec. H. In all cases tried by the court without the intervention of a jury, either party may, in writing, de- | mand of the judge trying such case that he find the facts specially, and of | A special finding be requested, the court must state in writing the facts as it finds them, and such statement. with the judgment of the court, must be entered on the minutes
 Sec. 12. That this court hereby es- abolished shall have Jurisdiction of all appeals from justices of the peace. or notaries public ex-oficio justices of the peace, or other courts of inferior juris- dIctton in Morgan county, that all orig inal and mesne processes, notices, cita- tions. and writs scire facas shall be