Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1911-08-04
branch Of said court and heard. tried.


titled to. but one transfer of case
under this section, but in such affidavit
tWo o fRReefy an not n more than
he believes will not decide impartially
in the. matter.
Section II The DEFENDANT iI may y;
demur to the complaint
on any. Of the grounds specified in
And the plaintiff may demur to the
answer or to any defense or counter
claim claim therein upon any Of the grounds
utes. When the allegations of plead
Ing are SO indefinite or uncertain that
the precise nature Of the charge or de-
Tense Is not apparent, the court or pre-
siding judge may require the pleading
to be made definite and certain by
amendment.
Section 10. Subdivision 1 of section
10 of said chapter $40 is hereby amend
ed by striking therefrom the figures
and words "2544a to 2540", where the
lines Of said subdivision, and inserting
IN I lieu thereof 81 the figures and words
Section ii. Subdivision 2 of section
10 is amended to read as follows: Sec
ton 10. 2. Either party to any civil
action r. said civil court on first pay
may demand that the action be tried
by Jury Of six men; and either party
may also, on first paying to the clerk
|
the action be tried by a Jury of twelve
men. Provided that such demand shall
be made at the time Of joining issue or
dmnd an nd neg Mxe to Of p9 *
right to trial by jury.
I'm. When a trial by a jury Of six is
drawn draw O and from the the frst ten persons
who appear as their names are drawn
and called, and who are not lawfully
hnt
discharged or excused, each party shall
be entitled to two peremptory, chal-
lenges to be made alternately by. the
parties, one at time, the plaintiff be-
ginning; and when either party shall
decline to challenge in his turn, such
challenge shall be made by the clerk by
be sworn and constitute the jury to try
the issues. Likewise, when a jury Of
twelve shall be duly demanded, eigh-
teen jurors shall be drawn, and from
as their names are drawn and called,
and who are not lawfully challenged,
tween the parties, and not discharged
tied to three peremptory challenges to
be made alternately by the parties one
when either party shall DECLINE to
challenge in his turn, such challenge
shall be made by. the clerk by lot, and
the twelve remaining jurors shall be
sworn and constitute the jury to try
the issues.
IN: Defendants WIG mus must sever EYER N n
issue to maintain, are each to be con-
sidered party, entitled to peremp-
tory challenges, in which case there
number Of jurors to constitute jury
OF six or twelve, as the case may be,
after each party entitled thereto mas
herein provided for. Except as herein
otherwise provided, a jury in any
action in said civil court shall be i'm
paneled in the same manner and pur-
suant to the same rules as in the. cir
cult court except that section 2544a to
2544d, shall not be applicable to said
Section IL. Subdivision of section
- of said chapter $40 Is amended by
inserting after the words lin SAID civil
court" where, the same occur IN Inc
except in actions of forcible entry and
unlawful detainer."
SECTION 49,. SUBDIVISION of section
read as follows: Section 81. /. The
said civil court shall have power: to
open any default Judgment rendered by
of such Judgment, except, when an ap-
peal has been taken. Said court, or the
judges thereof, shall. have the same
power as the circuit court, or the
Judges thereof, to entertain motions,
make orders, stay proceedings,
and to grant new trials and other re-
! lief. IL nOtlC6 OF u ulOIlOu oI etlly OGAoA
proceeding is necessary. it shall be
} served on the party, or his attorney, at
least five days before the time appoint
ed for the hearing, unless the couTt or
showing grounds therefor, makes an
} order to show cause why the order or
} relief nrayed for should not be granted
and in the order prescribes shorter
time for such service. A judgment in
all actions, motions, and proceedings
must be rendered by the court within
ten days after the same mas peen nha4-
Section IL Subdivision Of section
% of said chapter, o49 is amended to
read as folows; seet ciar g. or d anef9
: clerks of said civil court the following
sums only as court fees IN civil
Or TPPqFan the issuing If oen9s
TAKEN tH1n by by default or issue IS Joined,
fifty cents where the 1jpdgment or the ie
one hundred dollars or less,
and one dollar where the amount de-
manded. Is more than +u,a, one me
action 90 If isgus is Joined, ana
the amount L. twen Xxi q.
dollars ~ or less. % one ,eor ao ia ;,
twenty five dollars but does not exceed
, two hundred dollars, two dollars and
fifty cents; and five dollars where the
amour. claimed or i hdvd is so1 mere as
the foregoing to be paid by the plaintiff
in such action; for eaoh
J transcript, execution, or certificate is
, sued by the clerk or deputy clerk,
twenty-five cents; for making a return
upon an appeal from judgment or Or
der, two dollars, and in addition there
to shall be, paid, by the appellant be-
, fore the return Is filed with the clerk
Of the circuit court five cents for each
folio of one hundred words in such re-
Section IS. Subdivision 2 of section
, % of said chapter SAC is amended to
clerk shall require the prepayment OF
such fees, provided, however, II any
J person shall satisfy one of the judges
by affidavit, which must be in writing
and filed with the court, that he has q
} good and meritorious cause of action
against another within the jurisdiction
of said court, and that he has made a
personal demand for the payment
thereof upon the debtor, and
: that such payment has been refused,
and should also state the name and
residence Of the debtor and the amount
/ due over and above all legal set offs,
} and that the applicant Ia unable to pay
] the fees therefor, the Judge to whom
said affidavit Is presented may, in his
discretion, endorse on such affidavit d.
rections to the clerk or deputy clerks
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