The Birmingham age-herald., 1909-09-16

AoA lHtily 0dyS dIlcf Niib ptA AtS- ton of service upon him, to appear and plead or demur. he shall be held in de- fault, and at any time thereafter a judg
 ment by default may be entered against him on motion of the plaintiff, provided. however, that the court may, fer good and sufficient cause shown, all low such judgment so obtained by de- fault to be set aside, and demurrers or pleas 10 be filed on such terms as the court may impose: provided, that no ap- plication to set aside such judgment by default, unless it be for some reversible error committed in the rendition thereof, shall be entertained by the court, unless said application be accompanied by affi~ dayit made by the defendant, his agent or attorney, to the effect that in the honest belief of affiant the defendant has a merl- torious defense to the action. All mo- tions to set aside judgment by default must be filed within thirty days after the rendition of such judgment.
 Sec. g. That all garnshments issued out of the Marengo Law and Equity Court shall require an answer thereto within twenty days after service thereof; and upon failure of any garnishee to make an answer to the writ of garnishme1t within twenty days after service of same upon him, a judgment nisi may be en- tered against such garnishee on motion of the plaintiff if the plaintiff be otherwise entitled to a judgment nis; and unless otherwise ordered by the court, all cita- tlons, rules, orders, wrlts 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 interyen- tion of a jury, unless a jury be demanded by the plaintiff at the commencement or 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 demand for jury must De made by the plaintiff or the person occtTeying the po- sition Of plaintiff by endorsing said de- rand upon the summons and complaint, attachment, petition, claim or other paper fled by him for the purpose of instituting the suit, or when he intervenes without suing out process, upon the pleading or paper filed by him for the purpose of presenting his claim or right in such suit; and such demand for a jury made by the defendant or other party occupying the position of defendant, including garni shoes, by endorsing such demand and r1n a faG Gyvn IF Da first filed in the case by him; and when O case Is transferred from the circuit court to this said court, it shall be tried by the court without a jury, unless at the time application Is made for such transfer, demand for trial by jury be made in writing and filed in the case; and said court shall without jury. try all cases brought to said court by ap peal or certiorari from justices of the peace and other inferior courts, unless a demand for trial by jury be made In writing and filed in tse case by the ap- pellant at the time he sues out such ap peal and certlorari of the same Is grant ed, or by the appellee within ten days after he had been served with notice of the granting of such appeal or certi- orari; and any failure to demand a trial by jury as herein prescribed and directed shall be deemed and taken as a waiver Ol lHe TlSuL u ildNo d llldi Dy Jury. Provided. that when a case has been tried by the court without jury and a new trial has been granted by the court, or the case has been reversed and re- manded. In all cases tried by the court without either party may demand trial by Jury, and such demand being made no later than the first sounding of the docket containing said case thereafter. In all cases tried by the court without
 .t.I finding of the facts therein, if so re- quested by party to such cause at the time the trial Is entered upon, and shall reduce such special finding to writ ing 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 ques- tions which may be under existing laws presented in the Supreme Court for re- view, either party may also by bill of ex- captions present for review In said court the conclusions and judgments of said court on the evidence, and the same shall be reviewed 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 error, said Supreme Court shall render such judg- ment in the case as the court below should have rendered. or shall reverse and remand the cause for further pro ceedings as to said Supreme Court may seem right and proper.
 Sec 26. That in all civil cases at law 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 rendered or made; but nothing herein contained shall prevent such judgment from being assigned as error upon an appeal taken to said court after the final determine ton of said case, if an appeal shall nor have been taken under this section.
 Sec. 27. That all misdemeanors returned by municipal justices of the peace ov other inferior courts, or appeals from such courts, to the said Marengo Law and Equity Court shall be tried upon the complaint of the solicitor of said court filed in such cases, which complaint shall be in the form substantially as now required by law of circuit solicitors, and which complaints shall be subject to amendment.
 Sec. 2S That the Supreme Court shall have appellate and supervisory Jurisdic- tlon over said Marengo Law and Equity Court, and cases at law and in equity may be appealed or removed to said court in the same manner and under the same rules and regulations, not herein other wise provided, as cases are appealed, or removed thereto frdn the Circuit and Chancery Court of the State, and the ap- nellate or supervisory Jurisdiction of said