The Dermott news., 1915-06-17
ACT NO. 200.
Regulating the Pleading and Practice in the Circuit and Chlncery
 Courts of Arkansas

l when the summons is directed within 1 the state. and thirty days when it Is i directed outside the stale" Amends Section Go3> of kirby's pi- l ccst to Neal as follows. "Th" sum l mons shaii he made rsturnahlc to the i first &8f tE8t the court shall be in 1 session after twenty days after the l date af issuance thereof l Amend section cost of Kirby's Di- l ErSt tu read as follows: The certified l copy and summons with the affidavit l G053 being returned and filed in the 1 action. shall he deemed an actual ser vice of summons in due time for trial l on the first day the court meets in ! regular or adjourned session. not less 1 than thirty days after such serViCc' Amend section 6055 of krby's ni | gcst tu read as follows. Where if ap- 1 pears by the affidavit of the plaintiff. 1 filed in the clerks office at or after l the commencement of the action. that
 he had made diligcnt inquiry and that | II Is his information and belief that the defendant is
 First. A foreign corporation. hay 1 ing nc agent in the State. or.
 Second. A nonresident of this l State; or
 Third Has departed from this State
 with intent to delay or dofraud his cr"ditorss CT.
 "trurth Has been absent from this State faHr months; or.
 "1'trth Has left the country of his residence te avoid the service Of a summons or.
 "Si<th. ranccar+ himself 90 that a summons eau not be served upon him;
 Where either of inc last two mrr- toned faets ts stated in the return hv thr proper officer of q summons ..ainst The defendant. the clerk shall make and hic with the papcfs }n the ease m urdar warning snch defendant tn appear in th" action within thiT;E days from the time of making the or
 Amends seetan Go5S et KIrbv's pt- ~e-t to read us follows: "N defend iaUt 3.atnSt whom a warning order has been mad" and published shall, upon The completion of fb. publication of the warning order for tho four weeks required hy law. he deemed to have been constructivelv summoned upon the date of the making of the order
 Amends Section 6ll1 of Kirhv'e Dl- .est to read a4 follows. arhc defense to any complaiut or cross complaint must be filed before noon ot the first day the court meets In regular or nd- jnurned ssssian 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 cnsc O, constructive ser vice. whore publication of n" warning order has been made as required hy law and thirty days has elapsed since
 fh" making ef tn" order and the ap- fuuiutmcut of the attorney ad Iitcm"
 Aws nds Section 6it2 of ktrbv's pt-
 rc~t te read as follows .lf the an Ncr contains a couuter-eialm or srt- on. a replv shall b. aled within five days. or in cases et law. upon the o1l'lue If the ease Cor tf.a1. if it he called before the cNpitlaen of the said
 five days.'
 Ann ud#s Section eISS of kirhy's pi- ..,st fo rcat as follows -'1ud-Inrut by l,tuUft shall br rendered by tho court o', aut day of any regular or adjourn
 ,I .'.#atet in any ease where the de- i f,u-r has uot ht.n r'ed within tlc 'srls
 a'}rv.d by Sections CHI and f1l@t pro
 NiAed that fhe court may for good
 cau-" ailaW further ttWo for dliug dcf,usc'
 Amends Section eioo ot Ktrhv's hi
 gc~t to read as follows. "Actious hs
 proceedings at law shah stand for trlA
 Upon any day of any regular or ad-
 fonrucd session after process has ho"n
 served upon the defendants for the
 time allowed hy Section tfIl"
 Amends section 6l93 Of Kirhy's pi- Sc~i lu read As follows. Where iuttrroEatorics have been auncNed to a pleading in an action by equitable proceedings the party inter
 roEat'd shall not be entitled to demand n trial unless he has answered the in-
 terroEatortcs, eitber within twenty days after they were filed or twenty
 days before his said demand for trial"
 Amends Section Gla4 of Kirhy's Di- Eest to read as follows. The plaintir shall be entitled to trial in all ac- tlous hy equitable proceedings on the first day that tht court meets in regu- ! lar ar adjourned session after twenty days after service of summons on nll | the defendants. as provided hv Sec | FA cal e n ffaF fsFI h,aF+A A isSU" of facts Is made hv the plead
 iuES. or wher" the plaintiff consents nat the statements of the answer may be taken as true"
 Amends Section 6s36 of Ktrby's Df-
 Ecst to read as follows Exceptions to the report of a master shall be in writing and shall be nled within thrce
 days after the filing Of said report if ihr term ts long continued. and if not. h,tor" the end of the term It shall he disposed of as eNpedltiously as possi- i hlv.
 The report of a master appointed by consent shall be no more conclusive
 on the court than that of master appointed by the court The court may fix the time within which dcpost- ttons may he taken. No original plead ing. motion or deposition shall be per mitt"d 10 b" taken from the office Of the clerk of the court or judge The | court may order oral testimony to be taken down in shorthand Amends Section 3lf6 of Kirby's pf- Ecst to read as follows; Either party fo an action or proceeding may at any tim" during the progress thereof. by notice h the adverse party or his at- turucy. require all dispositions taken out or the county to be taken non in- terreEhtoFits"
 Wrtts of attachment ? ay he issued 3tathst the ptopyrtNtef the defendant @ho i7 Benreeidcn of =thr state. and who cannot he s,r,,d in person Wtih process In the st don within the state. ! in ihr salHt hammer as in actions ,N- tooitdetH Process lu suits maN At -vryed on flo Secretary CT SIate. Oth- tf laws fud parts ot laws amended. i Ati m isHee from June |. l9I5 Appro{ed March ao, 1915. ACT NO. 296.
 Amending Section 52s6 Of Kirby's