The Montgomery advertiser., 1909-09-16


 ... provided however. that the court may. for good and sufficient cause shown. allow such judgment 70 obtain GU Dy derault to be set aside. and de- ..Aurrers or pleas to be filed on such terms as the court may impose; pro- vided, that no application to set ssids such judgment by default, unless It be for some reversible error committed fin the rendition thereof. shall be enter tained by the court, unless said appli- cation be accompanied by afidavft made by the defendant, his agent or attorney. to the effect that in the hon. est belief of afiant the defendant has a meritouous defense to the action. All motions to set aside judgments by de- after the rendition of such judgment.
 Sec. 2a. That all garnishments is- sued out of the Marengo Law and Equity Court shall require an answer thereto within twenty days after ser vice thereof; and upon failure of any garnishee to make an answer to the writ of garnishment within twenty days after service of same upon him, Judgment nisi may be entere dagainst such garnishee on motion of the plain tin if the plaintiff bs otherwise enti- tied to- judgment nisi; and unless otherwise ordered by the court, all citations, rules, orders, writs of scire facias and notices of any kind issuing out of said court shall require the party against whom issued to appear, and plead. demur or answer thereto within twenty days after service thereof. or the perfection of service thereof by publication: and all cases at law whether begun by summons and complaint, attachment or otherwise shall be deemed and taken to be at issue and triable upon the appearance and pleading of the defendant thereto, or if the defendant does not appear within the said twenty days herein prescribed, then at the termination of said twenty days.
 Sec. 24. That In all civil cases at law In said Marengo Law and Equity Court the issues and questions of fact shall be tried by the court without the intervention of jury. unless a jury be demanded by the plaintiff at the commencement of the suit, or by the defendant at the time he enters an appearance therein. or by any other party interested in such. suit at the time Of his appearance; and such de- mand for a jury must be, made by the plaintiff or the person occupying the position of plaintiff by endorsing said demand upon the summons and com plaint, attachment, petition. claim or other paper filed by him for the pur. pose of institutlng the suit, or when he intervenes without suing out pro- cess. upon the pleading or paper filed by him for the purpose of presenting his claim or right in such suit; and such demand for jury made by the aeiendant. or other party. occupying the position of q defendant, including garnishees, by endorsing such demand
 ,.on the demurrer, plea, answer or other paper first filed in the case by him; and when q case is transferred from the circuit court to this saic court, 1t shall be tried by the court without jury. unless at the time ap- plication is made for such transfer, a writing and filed in the case; and saia court shall without . jury. try all cases brought to said court by appeal or certiorari from justices of the peace and other inferior courts. unless a de. mand for. trial by jury be made In writing and filed in the case by the ap. peilant at the time he sues out such granted. or by the appellee within ten days after he had been served with notice of the granting of such appeal or certiorari; and any failure to de- mand trial by Jury as herein pre- scribed and directed shall be deemed to have trial by jury Provided. That when a case has been tried by the court without jury and a new trial nas been granted by the court, or the ease has been reversed and remanded In all cases tried by the court without either party may demand q trial bs Jury, and such demand being made no later than the nrst sounding of tha docket containing said case thereafter In all eases tried by the court withou jury, the court shall make a special finding of the facts therein. if SO re. OlIAAfad hrF fA the time the trial is entered upon, and shall reduce such special finding to writing and file same in said case; and upon an appeal to the Supreme Court such special finding shall have no greater. weight than other findings of said court made under the provisions of this act
 Sec. 25. That in the trial of any case without a jury in said Marengo Law and Equity Court. in addition to the questions which may be under existing laws presented in the Supreme Court for. review ca'her ., party may also by bill or exceptions present for re- view in said court the conclusions and Judgments of said court on the evidence. and the same shall be re- viewed by the said Supreme. Court without the indulgence of any pre- sumption in favor of the court below upon the evidence. and If there be er- ror said Supreme Court shall Tender such judgment In the case as the court below should have rendered, or shall reverse and remand the cause for fur ther proceedings as to said Supreme Court may seem right and proper.
 Sec. 26. That fin all civil cases at flaw in the said Marengo Law and Equity Court, the judge thereof may set down any case for hearing on the pleadings alone, and render judgment thereon in term time or during vacation, and from such judgment or ruling on the plead ings an appeal shall lie to the Supreme Court, to be taken within thirty days after such judgment or ruling is ren- dered or made; but nothing herein con- tained shall prevent such judgment from being assigned as error upon an appeal taken to said court after the final determination of said case, if an appeal shall not have been taken un. der this section.
 Sec. 2T. That all misdemeanors re- turned by municipal. justices of the peace or other inferior courts or ap- peals from such courts, to the said Law and Equity Court shall be tried upon the complaint of the so- licitor of said court filed In such cases. which complaint shall be in the form as now required by law of circuit solicitors. and which com plaints shall be subject to amend ment.
 Sec. 2s. That the Supreme Court shall have appellate and supervisory over said Marengo Law and Equity Court, and cases at law and in equity may be appealed or re- moved to said court in the same man.