Sharp County record., 1915-07-02
ACT NO. 2o0.
ACT NO. 2o0.
Regulating the Pleading and Practice
in the Circuit and Chancery
Courts of Arkansas.

first day that the court shall be in
session after twenty days after the
date OF issuance thereof"
Amend Section 6054 Of Kirby's Di-
gest to read as follows: The certined
copy and summons with the affidavit
and certificate, as provided in Section
6053. 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 or adjourned session, not less
than thirty days after such service
Amend Section 6055 Of Kirby's d.
gest TO read as follows: Where II ap-
pears by the affidavit OF the plaintin'
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
State; or.
Third. 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
residence to avoid the service OF
summons; or,
sixth. Conceals himself so that a
summons can not be served upon him;
or.
where either Of the last two mem
toned facts Is stated in the return oy
the proper officer OF 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
davs 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
has been made and published shall.
upon the completion OF the publication
Of the warning order for the four
weeks required by law. he deemed TO
have been constructively summoned
upon the date OF the making OF the
/ order.
Amends Section Gill OF Kirbv's Di-
| eest to read ne follows: The defense
to any comnlaint or cross complaint
must be filed before noon OF the first
/ day the court meets in re~ular or ad-
| fourned 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 the order and the ap-
pointment ~ the attorney ad Item"
Amends Section 6112 OF Kirby's Dr.
/ gest to read as follows: III the an
I swer contains counter-claim or set
| off, a reply shall be filed within fve
| davs. or. i'm cases at law, upon the
( calling Of the case for trial. II II be
| called before the expiration Of the said
/ 1--WE days"
Amends Section siSs OF Kirbys d.
| gest 10 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 flled within the time
allowed by Sections Gill and Gll2; pro-
vided. that the court may for good
| cause allow further time for filing a
| defense"
Amends Section 6iao OF Rirbys III.
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 Gill"
! Amends Section 6i93 OF Klrby's d.
gest to read as follows;
! where interrogatorles have been
annexed to n 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
/ terroga tories, either within twenty
| days after they were flled or twenty
DAYS before his said demand for a
! trial"
Amends Section 6iel OF Klrby's III.
! gest 20 read as follows; "The plaintiff
| shall be entitled 10 trial in all ac-
| tlons by equitable proceedings on the
| nrst day that the court meets in Agu-
| lar or adjourned session after twenty
| days after service OF summons on all
| the defendants, as provided by Sec.
| tlon Gill as herein amended. where no
issue Of facts Is made by the plead
| lngs, or where the plaintiff consents
that the statements OF the answer may
! be taken as true"
| Amends Section $3.50 OF Klrhy's Dl-
gest TO read as follows; Exceptions
/ to the report OF Il master shall be In
! writing and shall he filed within three
days after the fling OF said report II
! the term is long continued and II not,
! before the end OF the term Il shall be
| disposed Of as expedltiously as posi-.
| blc,"
The report OF master appointed by
! coHH'nN hnUll pe no more cuncluHiNe
on the court than that Of master
appointed by the court, The court
may fS the time within which depoal.
| ions may be taken, No original plead
! ing, motion or deposition shall be por.
| mittod TO be taken from the office Gf
the clerk OF the court or Judge, The
court may order oral testimony 10 be
talvn down IN shorthand,
Amends Section 3i7G Of Kirby'A Di.
gest 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 hia al.
tornoy, require all dispositions taken
out OF the county 10 be taken upon In.
terrogateriea,"
Wrlts ef 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 In the action within the state
In the same manner as In actions ex
contractu, Process IN sulta may be
served on the Secretary OF State, 9th.
er laws and parts OF laws amended
Act ia force from June 1, 1915,
Approved March 30, 1915,
ACT NO. 2o6.
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