Pocahontas star herald., 1915-06-18
Acr NO 200
FhNH W. @HAH
Regulating the Pleading and Practice
In the Circuit and Chaneery
Courts Of Arkansas

actions the time hXcd IN the semmons
FOR the defendant 10 answer shall be
within twenty days after service
when the summons u directed within
the State. and thirty days when Il N
directed outside the state"
Amends section EOGN OF kirhy's d.
Esst 10 read nH follows The sum
mons shall be made Teturnnhlc 10 the
nrst day that the court shall be In
session after twenty days after the
Amend Section GO5i OF kirby's III
gest 20 read AZ follows: "The certified
copy and summons with the anldayit
aud certificate, a. provided la Section
e0ba, being returned and nlrd In the
action, shall be- deemed an actual SER
vice of summons In due time for trial
On the first day tho court meets In
regular OF adjourned session, not less
than thirty days after such service"
Amend Section G05b or kirby's Di-
gest 10 read as follows: Where Il ap-
pears by the afiidayit of the plaintiff
hled In the clerks office ut or after
the commencement Of the action, that
he had made diligent inquiry and that
y H. hts Information and belief that
the defendant ls'
First A foreign corporation. hay-
ing no agent In the Stntes or,
Second. A nonresident Of this
State; or.
Third. Has departed from this state
creditors: or.
Fourth. Has been absent from this
State four months or.
"Fifth Has left the country Of his
residence 60 avoid the service OF a
Summons. or
sixth Conceals himself 90 that =
summons can not be served upon him
or.
where either OF the last two men
toned facts 4 stated In the return By
against the defendant. the clerk shall
make and hle with the papers In the
case an order warning such defenda MT
20 appear In the action within thirty
days from the time OF making the or
der"
Amends Section Goss OF RIrbys nj
Fcst TO read a. follows: "a defend
ant against whom "A 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 to
have been constructively summoned
upon the date or the making OF the
order. ..
Amends Section Gill OF Kirby's pl-
gest 20 read a. follows: THE defense
must be nled before noon % the FIRST
day the court mec,s IN regular or hd-
! journed session after service:
First Whore the summons has
been served twenty days outside of the
State:
Second. where the summons hss
been served thirty days outside Of the
State;
Third In case Or constructive SER
vice, where publication OF the warning
| order has been made nF required by
law and thirty days has elapsed since
the making Of the order and the ap-
pointment OF the attorney nd Item"
AmenSs Section tina OF Kirbys d.
gfst TO read ns follows: III the an
swer contains n counter-claim or set.
or. reply shall be filed within nye
days, or In cases at law. upon the
calling Of the case for trial, IN n he
called before the expiration OF the said
Ave days"
Amends Section eiss OF Hlrby's pi-
gest TO read as follows: Judgment by
default shall be rendered by the court
on any day of any regular or adjourn
ed session In any case where the de-
fense has not been filed within the time
allowed by Sections Gill and 6ii2; pro-
vided. that the court may for good
cause allow further time for filing a
Defense"
Amends Section sisO OF Kirby's DI-
Eest 10 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 GIL"
Amends Section 6i93 OF Kirby's Dl-
Rsst 70 read as follows:
Where interrogatories have been
annexed TO a pleading in an action by
equitable proceedings, the party inter
rogated shall not be entitled 10 demand
a trial unless he has answered the in
tsrfogatories, either within twenty
days after they were fled or twenty
days before HIS said demand for a
trial"
Amends Section 6i94 OF Kirby's Di-
rest 10 read as follows: THE plaintiff
shall be entitled TO a trial In all ac-
tlons by equitable proceedings on the
frst day that the court meets in regu-
lar or adjourned session after twenty
days after service OF summons on all
the defendants, as provided by Sec
ton Gill as herein amended, where no
issue OF facts is made by the plead
ings, or whore the plaintin consents
that the statements or the answer may
be taken as true"
Amends Section G53s Of Eirby's Di-
gcst TO read as follows: Exceptions
10 the report OF a master shall be In
writing and shall be filed within three
days after the fling OF said report if
the term Is long continued and II not
before the end OF the term II shall be
disposed OF as expeditiously a. possi-
BILE"
The report OF master nppoInted by
consent shall he no more conclusive
on the court than that OF master
appointed by the court. The court
may iX the time within which deposit
tions may be taken No original plead.
ing motion or deposition shall be per-
mitted to be taken from the office Of
the clerk OF the court or Judge. The
sourt may order oral testimony to be
taken down in shorthand
Amends Section 3l76 Of Kirby's Di-
Eest 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 depositions taken
out OF the county to be taken upon in
terroEatOries."
Writs of attachment may be issued
against the property Of the defendant
who is a nonresident Of the state, and
who cannot be served In person with
process I'm tho action within the state.
In the same manner as in actions eX-
COntraCtu. Process in suits NAV be
served on the Secretary Of State. 9th
er laws and parts Of laws amended.
Act In force from June l. 1915.
Approved March 30. 1915.
ACT NO. 296.
Amending Section 5286 Of KIrbvJs