Evening journal., 1913-10-06
WILL ASK TO
REARGUE The
KUHNS CASE
Mr.. Morris Seeks to Reopen
Points on Which Veterina-
rian Won Decision
COURT ANNOUNCES
RULES OF PRACTICE

In Superior Court this morning,
Hugh NJ Morris informed the court
that he would present a motion for
a reargument in the case Of the State
VS.. DR.. julius R. Kuhns, state verter-
marian. Mr.. Morris represents vet
erinarians who are seeking to have
Dr. Khuns removed from office on
their allegation that he is not a grad
uate Of a recognized veterinary col
iege and veterinary college in good
standing.
The decision of the court on Sat
urday was on demurrer and was a
victim of Or. Kuhns. In the opinion
handed down the court said that the
judiciary and executive departments
of the state had their special func-
tiuus. In T. is case it was up TO the
governor to be satisfied that DR..
Kuhns was a graduate Of verterin-
a IAN college and in addition a gradu-
al of such a college in good star ding.
Consequently the court could not re-
new the act of the chief executive un-
less the governor acted illegally.
In this respect, however, the court
said it could inquire into whether
D.. Kuhns is a graduate of a veterin-
airy college. His answer, filed earlier
iu the case, set forth that he is a grad
r3'c Of a veterinary school.
During argument in the case Of the
State VS.. Kuhns, held last spring in
the Superior Court, Daniel o. Hast
ing and Richard S. Rodney, who rep
esent Dr. Kuhns. dwelt on the rules
Of the court. Under the statute the
5perior Court took advantage of the
argument to promulgate new rules OF
the court. Judge Woolley on Satur-
day read the opinion and the new
rules. which are as follows
Sections 6 and of Rule VIII of Su.
pcror Court Rules are arluled and in
their stead the following rules are pro
nulgatel 10y the Superior Court on this
fourth day of October, A. d. One Thou
ss'i Nine Hundred and Thirteen.
g. Rule Days The first and thirC
Mandays in each month shall be genera
riilp lys.
Z. Rules for Pleading DIN al
cases Ia which no affidavit of demand 4
She'd the plaintlH shah be ruled to fiji
li- declaration on the first general ruli
dy after the original proc is return
sle. regardless of service upon or ap
pearance by the defendant, or non pro-
f2l ln sciro iacias eases in which M
affidavit of deniand is filed. in cicctmen
cases. and in an cases in which affidavit.
of demand are not filed but in whicl
declarations are filed On or before the re
turn of tho process, th defendant shat
be ruled 10 plead on the first genera
rule oav after the original process d
returuabe IT service be had, or Judg
ment: and if service he not had. the
upon the next general rule day follow
inr period Of two full weeks atte
appearance or re,'irn OF service upon
succeeding writ or Judgment
tS)-If an affidavit of demand ME
In any case. ceases for any legal rea
son to- be the effective means OF Pre-
curing Judgment thereon, the plair
tif shall be ruled to file his declare
ton in that case on the next genera
rule day following a period OF Nv
full weeks after the day upon who
the affidavit. Of demand become II
effective. or non pros; and in SCH
facias cases in which an affidavit
demand has been filed, the defendaI
shall be ruled to plead on the me-
general rule day following periC
OF two full weeks after the day upc
which such affidavit of demand b.
comes Ineffective. if the defendant
In court upon service or by appea
ance. and IL not, then upon the ne
general rule day following 2 periG
of two full weeks after appearance
return of service upon succeedir
writ. of judgment
lH--General appearance for q
defendant in any case in which the r
turn shows no service upon the d
fendant, shall be made by counsel
the presence of the Prothonotary
his deputy. and the date upon whi'
such an appearance is entered shi
be noted by the Prothonotary or h
deputy upon the record of the case.
(5)-When the declaration co
tains a count in indebitatus assumps
or debt on simple contract the d
feudant shall not be required to pie;
until the plaintiff shall have fil'
full particulars of his demand und
such count. The defendant may plei
without a rule, and thereby waive q
statement of particulars.
(6)-Parties shall be Obliged to tai
notice of all rules expirable on &c
eral rule day. Such rules shall.
not complied with, be considered
Continued on Page Six.