The Brinkley argus., 1915-07-02
ACT NO. 2eo.
ACT NO. 2o0. Regulating the Pleading and Practice in the Circuit and chancery Courts of Arkansas


 Amends Section 6oss of Kirby's Di- 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 6054 of Kirby's Di- gest to read as follows: "The certified 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 6o55 of Kirby's Di- 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 diligent 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 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 a summons; or.
 Sixth. Conceals himself so that a summons can not be served upon him; ; or.
 Where either of the last two men 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 order warning such defendant to appear in the action within thirty days from the time of making the or der.'
 
 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, be deemed to have been constructively summoned upon the date of the making of the order.
 Amends Section 6111 of Kirbys Di- gest to read as follows: "The defense must be filed before noon of the first day the court meets in regular or ad- journed session after service: First Where the summons has | been served twenty days outside of the State;
 Second Where the suNmons has been served thirty days outside of the | State;
 Third. Tn case of constructive ser | vice, where publication of the warning | order has been made as required by 1 law and thirty days has elapsed since 1 the making of the order and the ap- 1 pointment of the attorney ad litem" Amends Section 6112 of Kirby's Di- 1 gest to read as follows: "If the an swer contains a counter claim or set l off. reply shall be filed within five l days. or. in cases at law. upon the | calling of the case for trial if 1t be 1 called before the expiration of the said l i've days"
 Amends Section s1Ss of Kirby's Di- | gest to read as follows: Judgment by l default shall be rendered by the court l on any day of any regular or adjourn 1 ed session in any case where the de- 1 fense has not been filed within the time l allowed by Sections Gill and 6112; pro- | vtded. that the court may for good cause allow further time for filing a 1 defense"
 Amends Section s1so of Kirby's Di- gest to read as follows: Actions by proceedings at law shall stand for trial ;1ourned session after process has been served upon the defendants for the time allowed by Section Gill" Amends Section 6193 of Kirby's Di- gsst to read as follows: Where interYogatories have been annexed to a pleading in an action by equitable proceedings. the party inter roGated shall not be entitled to demand . trial unless he has answered the in- tsrrogatorfes. either within twenty trial"
 Amends Section s1s4 of Kirby's Di- gest to read as follows: The plaintiff shall be entitled to trial in all &C., tions by equitable proceedings on the first day that the court meets in regu- laf or adjourned session after twenty days after service of summons on all ton 61i1 as herein amended. where no issue of facts Is made by the plead ings, or where the plaintiff consents that the statements of the answer may be taken as true"
 Amends Section 63s6 of Kirby's Di- 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 if not, before the end of the term it shall be disposed of as expeditiously as possi- ble."
 The report of . master appointed by consent shall be no more conclusive appointed by the court. The court may Ax the time within which deposit tions may be taken. No original plead- ing. motion or deposition shall be per mi.ted to be 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 3176 of Kirby's Di- geSt 10 reau as ioiioWs. Either party to an action or proceeding may at any time during the progress thereof. by notice to the adverse party or his att torney, require all depositions taken out of the county to be taken upon in- terrogatories."
 Writs of attachment may be issued against the property of the defendant who Is n 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- contYactu. Process in suits may be served on the Secretary of State. 9th CT laws and parts of laws amended. Act in force, from June l. 1915.
 Approved March 30. 1915.