Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1915-06-17
ACT NO. 290
ACT NO. 290.
Regulating the Pleading and Practice
in the Circuit and Chancery
Courts of Arkansas.

actions the time fixed in the summons
for the defendant to answer shall be
within twenty days after service.
when the summons is directed within
the State, and thirty days when 1t is
directed outside the State"
Amends Section 6O3S Of Kirby's Di-
gest to read as folloWs The sum-
mons shall be made returnable to the
first day that the court shall be In
date Of issuance thereof"
Amend Section 6O54 of Kirby's Di-
gest to read as follows: 1.-The certified
copy and summons with the affidavit
and certificate, as provided in Section
605s, being returned and filed in the
action, shall be deemed an actual ser
vice of summons in due time for trial
on the first day the court meets in
regular adjourned session, not less
than thirty days after such service"
Amend Section 6055 of Kirby's Di-
gest to read as follows: Where it ap-
pears by the affidavit OF the plaintiff,
filed in the clerks office at or after
the commencement of the action. that
he had made diligent inquiry and that
it is his information and belief that
the defendant is:
"Tirst. A foreign corporation. hav-
ing no agent in the State; or,
Second. A nonresident of this
's'hird. Has departed from this State
with intent to delay or defraud his
creditors: or.
Fourth. Has been absent from this
State four months; or.
"Fifth. Has left the country of his
summons; or,
Sixth. Conceals himself so that a
summons can not be served upon him !;
:where either of the last two mem
.oned facts Is stated in the return by
the proper officer of summons
against the defendant. the clerk shall
make and file with the papers in the
tase an order warning such defendant
to appear in the action within thirty
days from the time of making the or
der"
,, Amends Section s05s of Kirby's d.
gest to read as follows: "A defend
ant against whom a warning order
upon the completion Of the publication
of the warning order for the four
weeks required by law. be deemed to
have been constructively summoned
upon the date Of the making of the
order.
Amends Section Gill Of Kirby's d.
gest to read as follows: 1.-THE defense
to any complaint or cross complaint
must be filed before noon of the first
day the court meets in regular or ad-
journed session after service:
First. Where the summons has
been served twenty days outside of the
State;
Second. Where the summons has
been served thirty days outside of the
State:
Third In case Of constructive SER
vice. whore 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 ad Item"
Amends Section 6112 OF Kirby's Dr.
gest to read as follows: IF the an
sWer contains counter-claim or set
off. reply shall be filed within five
DAYS, or, in cases at law. upon the
calling of the case for trial, IL 1t be
called before the expiration of the said
Ave days"
Amends Section 61ss of Kirby's d.
default shall be rendered by the court
on any day of any regular or adjourn
cd session in any case where the de-
tense has not been filed within the time
allowed by Sections GIL and 6l12; pro-
vided. that the court may for good
cause allow further time for filing q
defense"
Amends Section 6l9o Of Kirby's d.
gest to read as follows: ACTIONS by
proceedings at law shall stand for trial
upon any day OF any regular or ad-
1ourned session after process has been
served upon the defendants for the
time allowed by Section GILL"
Amends Section 6193 Of Kirby's Dr.
Where interrogatories have been
annexed to pleading in an action by
equitable proceedings. the party inter-
rosated shall not be entitled to demand
= .raal unless he has answered the in
Gays after they We're filed or twenty
trial" Ao' ="
Amends Section s1e4 81 Kirby's d.
s se, 10 read as follows: 1.-THE plaintiff
IN f,.in
uons ny equitable proceedings on the
nfst day that the court meets in reru-
Jar or adjourned session after twenty
Gays after, service Of summons on all
ton Gill as herein amended. where no
issue OF facts, is made by the plead
ings, or where the plaintiff consents
tnat the statements of the answer may
De taken as, true"
Amends Section 1886 Of Kirby's Dr.
gest TO read as follows: Perceptions
10 tne report of a master shall be in
writing and shall be filed within three
gay gays after the filing OF said report if
h nT .eiln Is long continued. and II not.
pelore the end of the term it shall be
BILE" 90 poSS'-
! inc report of a master appointed by
consent shall be no more conclusive
app"inteN by the court. The court
may nix the time within which deposi-
ITO; lions may be taken. No original plead
ing. motion or deposition shall be per-
m'tted to be taken from the office ~
c cnu fie na,, OF the court or Judge. The
, taken down In shorthand.
.o amends Section a17G or Kirby's d.
Eest TO read as follows: Either party
10 an action or proceeding may at any
notice ,,tI oH tn as the progress thereof. by
aorney. require all dispositions taken
t tu. OF me county to be taken upon i'm
Writs Of attachment may be issued
n VIA r.; the property Of the defendant
VINO Is nonresident 81 the state. and
VINO cannot be served in person with
process IN the action within the state.
~ me same manner as in actions CIV,
contractu. Process in suits nav he
served on the Secretary of State. 9th.
az AZ. laws and parts of laws amended.
Act IN force from June /, 1915.
Approved March 80, 1915.
ACT NO. 2ee.
amending Section 52se Of kirby's
Digest.