No. XLVIII. CODE OF PRACTICE IN CIVIL CASES IN THE STATE OF ARKANSAS AN ACT to amend an act entitled "Code of Practice in Civil Cases in Arkansas," approved July 22, 1868. TITLE II.—JURISDICTION OF COURTS IN CIVIL CASES. SECTION CHAPTER I.-The Supreme Court. SECTION 15. Jurisdiction of Supreme Court. 17. Preference of causes. 16. Power of court, and regulation of practice in. CHAPTER II.-Circuit Courts.. SECTION 19. Appellate jurisdiction of circuit court. CHAPTER III.-County and probate courts, courts of justices of the peace, police, city and mayors' courts. SECTION 23. Jurisdiction. TITLE III-PARTIES TO CIVIL ACTIONS. CHAPTER IV.-Infants. SECTION 50. Manner of appointing guardians to defend. CHAPTER I.-Manner of commencing an action. CHAPTER II.-Service of summons. SECTION 80. Court may make warning order on affidavits or other proofs; how published. TITLE V.-THE COUNTY IN WHICH AN ACTION MAY BE BROUGHT. SECTION 90. What actions must be brought at seat of government, and what may be brought in county or circuit where defendant resides. TITLE VII.-PLEADINGS IN CIVIL ACTIONS. CHAPTER VI.-Time of pleading. SECTION 126. When the defense must be filed in proceedings at law. CHAPTER VII.-General rules for pleading. ARTICLE I.—When and how an order of arrest may be obtained. SECTION 174. Manner and grounds of obtaining an order of arrest. ARTICLE IV.-Motion to vacate an order of arrest. CHAPTER II.-Action to recover personal property. SECTION 203. How and for what causes an order for delivery may be made. CHAPTER III.-Attachment. ARTICLE I.-General attachment. SUBDIVISION II.-How an attachment is obtained. 217. In an action to recover money, 224. Plaintiff may have attachment clerk to grant the attachment upon affidavit; nature of affi davit. against garnishee. SECTION SUBDIVISION III.-Execution and return of attachment. SECTION 225. What officer may serve process 232. Attachment creates a lien from in provisional remedies. SECTION time of delivery of order of attachment to officer. SUBDIVISION IV.-Disposition of attached property. 238. Court to make orders concerning attached property. When sale may be ordered, in term of vacation. SECTION 239. A receiver may be appointed... Terms of sale. 1 CHAPTER III.-Attachment. ARTICLE II.-Attachments in certain actions. SECTION 260. May be granted by judge of Supreme Court, circuit court or judge of the court. ARTICLE III.-Attachments against specified property. SUBDIVISION I.—Specific attachments. SECTION 266. Attachments granted by any judge of the Supreme Court or circuit court, upon terms to be prescribed in the order. CHAPTER IV.—Injunction. ARTICLE I.- When and how an injunction may be obtained. ARTICLE I.-Trial in general. SECTION 339. Actions to be tried in their order on the docket; either party may give notice of trial, in actions on money demands. Notes of issue. CHAPTER III.—Judgment. ARTICLE II.-Judgments upon failures to answer. SECTION 411. Court, commission or jury, may ascertain facts or assess damages, to enable court to render judgment, on failure to answer; how judgments can be taken in vacation, in actions on contract for the recovery of money only. TITLE X.-PROCEEDINGS IN CERTAIN ACTIONS. CHAPTER IV.-For enforcing the satisfaction of judgment. SECTION 476. Lien created by levying attachment, or serving summons, with the object indorsed. Enforcement of payment of fees of officers. SECTION CHAPTER VI.—Civil proceedings on behalf of the state. 484. All debts due the state recovera ble by action in the county where the defendant resides. 489. Auditor may institute suit and employ counsel where a public debtor makes fraudulent conveyances, etc. SECTION SECTION 492. Attorney and solicitor general, and prosecuting allowed postage. CHAPTER VIII.-Forcible entry and detainer. 495. Entry to be where given by law, and then peaceably. Definition of forcible entry and detainer. 496. Of unlawful detainer. 497. Preceding sections to comprehend terms for years and all estates. Such entries and detainers made cognizable before the circuit courts. 408.On complaint filed, writ to issue. 499. Not to be executed until plaintiff execute bond to sheriff. Condition of such bond. SECTION attorney 500. Bond to be filed with the clerk. How writ to be executed. 501. What return sheriff to make. 502. Defendant may except to bond taken by the sheriff, when. If such bond be judged insufficient, and new one not filed, what judgment to be given. 503. When sheriff liable for taking insufficient bond. 504. When liability to cease; and sheriff to assign bond to defendant or his representative, when. 506. Defendant may be found guilty 511. No cross action allowed for pos as to part, and not guilty as to balance of complaint. 507. Title not to be adjudicated or given in evidence except to 512. 508. Three years' possession pleadable session, while action under this act is pending, except ejectment. Plaintiff in ejectment pending at passage of this act not to dismiss and proceed under it. in bar. CHAPTER X.-On the settlement of accounts of personal representatives, guardians, committees of idiots and lunatics, and trustees in the probate 514. Their accounts to be settled as 515. Settlement of accounts of trusprovided by law. tees. TITLE XIII. PART I.-Production of evidence. CHAPTER II.-Means of production. SECTION 586. Witness cannot be compelled to attend court beyond adjoining county, nor give his deposition out of his county; fees. CHAPTER III.-Mode of taking the testimony of witnesses. SECTION 599. Oral examinations defined; appointment of stenographer provided for. ARTICLE II.-Depositions. SUBDIVISION III.-Manner of taking a deposition. SECTION 624. How the notice must be served. TITLE XIV.-EXECUTIONS AND REDEMPTIONS. CHAPTER I.-Executions. SECTION 675. When execution to issue. |