Pocahontas star herald., 1915-06-25
ACT NO 200
Regulating the Pleading and Practice
In the Circuit and chaneery
Courts Of Arkansas.

Z
the State. and thirty days when Il Is
directed outside the State"
Amends Section 6O3S of Kirby's nj
Eest 10 read a. follows ''rhe SUM
mons shall he made returnable 70 the
first day that the court shall be IN
session after twenty days after the
date of Issuance thereof"
Amend Sectlsn GO5f OF Klrhy's nj
gest 20 read as follows The certified
copy and summons with the afndavIt
and certificate. a. provided In Section
G05a, being returned and hled IN the
action, shall be deemed an actual ser
vice OF summons In due time for trial
on the hrst day the court meets In
regular or adjourned session. not less
than thirty days after such service"
Amend Section 6O55 OF Kirby's pi-
gest TO read as followss where it np-
pears by the afhdavit Of the plaintiff,
nled In the clerks office a. or after
the commencement OF tho action, that
he had made diligent inquiry and that
q t. bis !nl9rwatlon and belief that
the defendant Is:
First A foreign corporation. hav-
ing no agent In the State; or.
Second. A non-resident of this
"Thlrd. Has departed from this state
with intent TO delay or dcfraud hts
creditors: or.
Fourth. HAS been absent from this
State four months: or.
Fifth. Has left the country Of his
residence to avoid the service OF
Summons: or.
sixth. conceaIs himself 90 that
summons can not be served upon HIM
or
where either Of the last two men
toned facts Is stated in the return by
the proper officer OF summons
against the defendant. the clerk shall
make and Ole with the papers in the
cate an order warning such defendant
20 appear In the action within thirty
days from the time OF making the or
der"
Amends Section s05s Of Klrby's Di-
rest 10 read as follows: "a defend
ant against whom n warning order
has been made and published shall.
upon the completion OF the publication
Of the warning order for the four
weeks required by law. be deemed 10
upon the date Of the making OF the
order.
Amends Section gill OF KIrby's DI-
Eest 20 read as follows: The defense
70 any complaint or cross complaint
must be fled before noon Of the nrst
day the court meets In regular or ad-
iourued session after service:
First Where the summons has
been served twenty days outside % the
State:
second. where the summons has
been served thirty days outside OF the
State;
Third. In case of constructive ser
vice, where publication OF the warning
order has been made as required by
law and thirty days has elapsed since
the making of the order and the ap-
pointment of the attorney nd litem."
Amends Section si12 OF Kirby's DI-
gest TO read as follows: III the an
swer contains n counter-claim or set
on. a reply shall be hled within fve
days. or In cases at law. upon the
calling OF the case for trial. N n be
called before the expiration Of the said
five days"
Amends Section 6iss Of Kirby's Di-
Eest TO read as follows: Judgment by
default shall be rendered by the court
on any day of any regular or adjourn
cd session In any case where the de-
fense has not been filed within the time
allowed by Sections Gill and 6ll2; pro-
vided. that the court may for good
cause allow further time for filing a
defense"
Amends Section $3.50 Of Kirby's DI-
gfst TO read as follows: Actions by
proceedings at law shall stand for trial
upon any day OF any regular or ad- /
journed session after process has been
served upon the defendants for the
time allowed by Section Gill"
Amends Section 6193 OF Kirby's Di-
Esst TO read as follows:
where interrogatories have been
annexed TO a pleading in an action by
equitable proceedings. the party inter-
a trial unless he has answered the In
terfogatories. either within twenty
days after they were filed or twenty
days before his said demand for a
trial"
Amends Section 6i9t OF KIrby's Di-
gest TO read as follows: THE plalntiff
shall be entitled TO trial in all nc
tions by equitable proceedings on the
FIRST day that the court meets in rCgu-
lar or adjourned session after twenty
"a a ~ "a
the defendants, as provided by Sec
tion Gill as herein amended, where no
issue Of facts is made by the plead
ings or whore the plaintiff consents
that the statements OF the answer may
be taken as true"
Amends Section 1896 OF Kirbya Dl-
Eest TO read as follows. Exceptions
20 the report Of n master shall be in
writing and shall be filed within three
days after the filing OF said report if
the term Is long continued, and if not
before the end Of tho term IL shall b,
disposed Of as expcditiously as posi-
BILE"
The report Of master appointed by
consent shall be no more conclusive
on the court than that Of a master
appointed by the court The court
may fix the time within which deposit
tiou- may be taken. No original plead
ing motion or deposition shall be per-
mitted to be taken from the Office u
the clerk Of the court or judge. The
court may order oral testimony TO be
taken down In shorthand.
Amends Section 3l7G Of Kirby's III
gest to read as follows: Either party
to an action or proceeding may at any
time during the progress thereof. by
notice to the adverse party or his at
torney require all depositous taken
out OF the county TO be taken upon in
terrogatories."
Writs Of attachment may be issued
against the property OF the defendant
who g. n nonresident Of the state, and
who cannot be served in person with
process in the action within the state,
In the same manner as In actions eX-
cuntrnCtu. Process i'm suits may be
served on the Secretary OF State 9th
er laws and parts OF laws amended
Act iu force from June /, 1915.
Approved March 30, 1915.
ACT NO. PCS.
Amending Section 52e6 Of Klrbys