The Harrison times., 1915-06-26
ACT NO, 200.
Regulating the Pleading and Practice
in the Circuit and Chancery
Courts Of Arkansas.


directed outside the state"
Amends Section 6O38 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 GO54 OF Kirby's Di,
gest to read as follows "The certified
copy and summons with the affidavit
and certificate, as provided In Section
G0j3, 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 G055 Of Kirby's Di-
gest to read as follows! "Where 1t ap-
pears by the afldavit 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, hay-
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
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 hle 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"
Amends Section GOES OF Kirby's Dl-
gest TO read as follows: "a defend
ant against whom 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 constructlyely summoned
upon the date OF the making Of the
order.
Amends Section Gill OF Kirby's Dl-
gest TO read az follows THE defense
to any complaint or cross complaint
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
uN'l "'l NNN '"'hNS N"S" 'N'0'N' VI WV
state;
"Sccond, Whore the summons has
been served thirty days outside OF the
state,
Third, In case Of constructive SER
vice, whore publication OF the warning
order has been made az required by
law and thirty days has elapsed since
the making Of the order and the APP
polntmcnt Of the attorney ad Item"
Amends Section Gli2 OF KIrbys Dl-
gest 10 read as follows "1f the an
swcr contains n countor-clnim or set
or, reply shall be 0lcd within Ave
days, or, In cases at law, upon the
calling OF the case for trial, II II be
called before the expiration Of the said
Ave days"
Amends Section GlSS Of Klrbys Dl-
Rcst TO read aa 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-
Tense has not been filed within the time
allowed by Sections Gill and Gllgi pr0s
yldod that the court may for good
couae allow further time for fling Il
defense"
Amends section 6tOO Of Klrbys Dl-
gcst TO read az follows, ACTIONS by
proceedings at law shall stand for trial
upon any day OF any regular or 0d-
lourned session after process has been
served upon the defendants for the
timo allowed by Section Gill"
Amends Section 6l03 OF Kirby'a Dlz
geat TO read aH follows
"Whore interrogatofles have been
annexed 90 n pleading In mn action by
equitable proceedings, the party inter-
rogntod shall not be entitled TO demand
n trial unless he has 0nsworod the In
torrogatOriCH, either Within twenty
days after they were filed or twenty
a I,F,V. "a Ia Ia I,ttunI "a
trial"
Amends Section GlOd OF Klrhy'a Ri
gost to read ua follows "Thc plaintiff
shall be entitled 90 u trial In all ne
tiona by equitable proceedings on the
first day that the court meets In regua
lar or adjourned session after twenty
DAYS after service Of summons on all
the defendants, as provided by Beez
ton eli as herein amended, where no
issue OF facts is made by the plead
ings, or whore the plaintiff consents
that the statements OF tho answer may
be taken Na true"
Amends Section G33G Of Klrby's Dir
'gost 20 read ~ follows Exceptions
10 the report of master shall be In
writing and shall be filed within three
days after the Ming OF said report II
the term Ii long continued, and II not,
before the end OF the term II shall be
disposed Of ~ expedltlously as poaHl-
BILE"
The report Of n master appointed by
consent shall be no more conelualye
on the court than that OF master
appointed by the court Tho court
may hK the time within which deposit
tlona may be taken, No original plead
ng motion or deposition shall be por.
mlttod 60 be taken from the once "
the clerk OF the court or judge, The
court may order oral testimony TO be
taken down In shorthand,
Amends Section Al7B OF klrby'H Die
gest 10 read na f0llowsl EITHER party
10 an action or proceeding may ot any
time during the progress thereof by
notice TO the adverse party or his Hta
tornoy require all d0poptlonp taken
out OF the county 10 be taken upon In
terr0gAt0rieH,"
Writs Of attachment may be- Issued
against the property of the defendant
who Ia 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 px.
coutrnctut procusB In HullH may bo
served on the Secretary OF State, 9th
or laws ana parts Of laws amended
act In force from June I, 1919
Approved March 30, 1915,
ACT NO, 200,
Amending Section 5s86 Of kIfby's
D0oat,
Amends Section tasG of Klrby'n Dl.
uaBt ia rpnd uH folloWHt "a Htits far