Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1915-07-01
ACT NO. 2oO.
Regulating the Pleading and Practice
in the Circuit and Chancery
Courts of Arkansas.

gest to read as follows: "In all civil
| 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 it is
directed outside the State
Amends Section 603S of Kirby'S d.
gest to read as follows: THE sum-
| mons shall be made returnable to the
first day that the court shall be in
session after twenty days after the
| date of issuance thereof"
Amend Section 1854 of Kirby's Di-
gest to read as follows: 1.-THE certified
copy and summons with the affidavit
and certificate. as provided in Section
| 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 s after such SeryGe
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 di1igent inquiry and that
| 1t 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 to delay or defraud his
eTedttors; or.
Fourth. Has been absent from this
State four months: or.
| r, 4Fifth. Has left the country Of HIS
Residence to avoid the service OF .
Summons; or,
sixth. Conceals himself SO that
suHnions can not be served upon him;
lllsIWhere either Of the last two men
M0ned facts is stated in the return by
this proper officer of a summons
Against the defendant, the clerk shall
make and file with the papers in the
case an order warning such defendant
to appear in the action within thirty
das n reHn' the time of making the or
geet e aead as follows lIs 5: A "A defend
| anti.iagainst whom warning order
has been made! and published shall.
upon the completion of the publication
weeks REQUIRED by 'i law. iG Be deemed s dot to
have been constructively summoned
| upon the date of the making OF the
order. +.
Amends Section Gill of Kirby.s Dr.
/ gest to read as follows: "The defense
J to any complaint or cross complaint
must be filed before noon of the first
day the court meets in regular or adj
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. where publication Of the warning
order has been made as required by
law and thirty days has elapsed since
the making Of f., the order and the ap-
| Amends Section 6112 of Kirby's Dr.
gest to read as follows: IF the an
I,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, if 1t be
called before the expiration of the said
nve days."
Amends Section e1sS 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
ed session in any case where the de-
Tense has not been filed within the time
allowed by Sections Gill and 6112; pro-
vided, that the court may for good
| Defense"
Amends Section $3.50 Of Kirby's pi-
proceedings at law shall stand for trial
| upon any day Of any regular or adj
| jOurned session after process has been
I served upon the defendants for the
Amends Section 6Iss Of Kirby's Dr.
gest to read as follows:
Where heterogeneous have been
| annexed to pleading in an action by
equitable proceedings. the party inter-
trial unless he has answered the i'm
l tArrogatories. either within twenty
days after they were filed or twenty
days before his said demand for q
l Amends Section 6194 OF Kirby's Di-
| gest to read as follows: "The plaintiff
shall be entitled to trial in all ac-
tfons by equitable proceedings on the
p a " N hn ri ofc to-
lar or adjourned session after twenty
days after service of summons of,p all
the defendants. as provided by Sec
ton Gill as herein amended. where no
ings. or where the plaintiff consents
that the statements OF the answer may
be taken as true"
Amends Section $685. Of Kirby's d.
gest to read as follows: exceptions
to the report OF a 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 IL not.
before the end OF the term 1t shall, be
disposed Of as expeditiously as possi-
b1e."
The report OF a master appointed BY
| consent shall be no more conclusive
on the court than that OF q master
appointed by the court. The court
may AK the time within which deposit
L tions may be taken. No original plead.
/ ing. motion or deposition shall be per-
/ misted to be taken from the Office "
court may order oral testimony to Be
i taken down In shorthand
Amends Section 3176 of Kirby's Dr.
gest to read as follows: Either party
| time during the progress thereof. 81
| notice to the adverse party. or his at
| tcrney. require all depQsitions taxed
out Of the county to be taken upon In
W rifs, of aftachmav,t mas - ..xss