Sharp County record., 1915-06-25
Regulating the Pleading and Practice
in the Circuit and Chancery
Courts of Arkansas.

action. shall be deemed an actual SER
vice Of summons in due time for trial
on the first day the court meets In
regular or adjourned session, not less
than thirty days after such service:
Amend Section 6055 OF kirby's Di-
eest to read as follows: Where IL 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:
First A foreign corporation. hav-
ing no agent in the State; or.
Second. A nonresident OF this
Third. Has departed from this State
with intent 10 delay or defraud his
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. Conceals himself so that
summons can not be served upon him;
where either Of the last two mem
toned 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
case an NTGFE NaEI4iE NA'il uEANAiA.eiAN
to appear in the action within thirty
days from the time OF making the or
der"
Amends Section so5s Of Kirby's Di-
gest 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 To
have been constructively summoned
upon the date OF the making OF the
order.
Amends Section Gil OF Tirbv's Dl-
cest 10 read as follows: THE defense
TO any COMPLAINT or cross complaint
must be flod before noon Of the first
day the court meets in REGULAR or ad-
iourned session after service;
First Where the summons has
heen served twenty days outside Of the
State;
second. Where the summons has
heen 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 ad Item"
Amends Section s1l2 Of Kirbv's Di-
gest TO read as follows: "Tf the an
swer contains a counter-claim or set
Of, reply shall be filed within fve
days. or, in cases at law, upon the
calling OF the case for trial. II Il be
called before the expiration OF the said
Ave days"
Amends Section eiss OF Kirby's DI-
gest 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 whore the de-
4 n 4. 4 4. L.. a..
allowed by Sections Gill and 6il2; pro-
yided, that the court may for good
cause allow further time for fling a
defense"
Amends Section eieo Of KIrby's Di-
gest 10 read as follows: Actions by
proceedings al 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 6i93 OF Kirby's Di-
gcst 20 read as follows;
where interrogatories have been
annexed 20 a pleading In an action by
equitable proceedings. tho party inter
roEoted shall not be entitled 20 demand
a trial unless he has answered the IN.
terroga'oriea, either within twenty
days after they were filed or twenty
DAYS before his said demand for a
trial"
Amends Section eiai Of Kirby's DI.
gest 20 read as follows; The plaintiff
shall he entitled TO a trial In all ac.
ilons by equitable proceedings on the
ffst day that the court meets In fegus
lar or adjourned session after twenty
days after service OF summons on all
the defendants. ms provided by Sec
tion Gil as herein amended. where no
issue ~ facts Is made by the plead.
nss, or whore the plaintiff consents
that the statements OF the answer may
be taken az true"
Amends Section 6s36 Of KIrby'a De
gcst TO read as follows Exceptions
TO the report or "a master shall be In
writing and shall be filed within three
days after the fllng OF said report n
the term IL long continued. and n not,
before the end OF the term Il shall be
disposed Of as oSpoditiously as posi-.
Die"
The report Of n master appointed by
consent shall be no more conclusive
on the court than that OF a master
appointed by the court. The court
may hN tho time within which dcposi.
ions may be taken, No original plead.
ms, motion or deposition shall be per.
mitied 70 be taken from the Office "
the clerk or the court or judge. The
court may order erhi testimony 20 be
taken down IN shorthand.
Amends Section 3i76 OF Kirhy's hi.
rcst to read as follows; Either party
TO an action OF proceeding may AT any
TINE during the progress thereof, by
notice 10 the adverse party or his al,
tefhefi require all depesitiehs taken
out Of the county 10 be taken upoh ins
tsFfuEatofies"
writs Of attachment may be issued
against the property Of the defendant
who Is nonresident OF the state. and
who cannot be served IN person with
process IN the action within the atAte.
lh the same manner as In actions exs
eohtfaetu, Process IN suits may be
served on the Secretary Of State. 9th
er Laws and parts OF laws amended.
Act IN force from June 1. 1915
Approved March 80. 1915.
ACT NO. 200.
Amending Section 62e6 Of klrby's