« AnteriorContinuar »
tice may bring the issue to trial at the first term of the Court, and on proof obtain judgment.
GEORGIA.-In the Superior Court, petition must be filed and process issued twenty days, and served fifteen days before the Court meets. In the City Court of Savannah, petition must be filed and process issued fourteen days, and served ten days before the Court meets. City Court of Augusta about the same as in City Court of Savannah, City Court of Atianta same as in Superior Court In the Justices' Courts, suit is commenced by serving a copy of the summons, at least ten days before the first day of ile trial.
ILLIN IS.-If the action is brought in the Circuit Court, the summons must be served ten days before the commencement of the term to which said process is returnable. Process in Justices' Courts is returnable not less than five nor more than fifteen days from date of the summons—which process shall be served at least three days before the time of trial mentioned therein.
INDIANA.—In the Circuit Court and Court of Common Pleas, the action is commenced by filing the complaint, and causing a summons to be issued and served on the debtor, ten days before the first day of terni. Judgments can be obtained before a Justice of the Peace in about one week. Summons must be served on debtor three days before the time fixed for trial.
Iowa.—The process must be served in Justice Courts on debtor at least five and not more than fifteen days. In the District and Circuit Courts process must be served at least ten days before the first day of term.
KANSAS.-Actions be Ju ices of the Peace are commenced by summons or hy argument and appearance of parties without
Summons is made return:ble not less than three nor more than twelve days from the time it is issued, and must be served at least three days before appearance day. In District Courts suits are commenced by filing the petition, and causing eummons to be issued, which must be served ten days from its date
KENTUCKY.—In ordinary proceedings for the collection of debts, the summons must be served two days before commencement of t e term in the county iu which action is brought, and twenty days before commencement of the term, when served elsewhere in the State. In the Jefferson Court of Common Pleas, held at Louisville, summons must be served twenty days before judgment can be taken or answer required.
LOUISIANA.-Suits are begun by petition, and a copy thereof must be served on the debtor personaliy, or on his legal agent, or at his residence. Tbe debtor then has tın days to answer tho
petition, and if he fails to answer, the creditor is entitled to take à default, and, two judicial days thereafter, confirm the default and have final judgment. In Justices' Courts the pleas, or petition, may be verbal. Judgments inay be signed at once on rendition, and three days are then allowed for appeal,
MAINE.-Service of writs returnable to a Municipal Court or trial justice must be made at least seven days before the return day. In all other Courts the service must be at least fourteen days, and upon defendant corporations at least thirty days before the return day.
MARYLAND.—When suit is brought before a Justice of the Peace, a summons is issued for the debtor, which is made returnable at a certain day, usually five or ten davs after issue, and the case is ready for trial on that day if the debtor appears; but if he does not appear, then a day is fixed not less than six nor more than fourteen days therefi om, at which time, if he fails to appear, creditor is entitled to an ex parte trial. When suit is brought in the Circuit Court it is only necessarr to give the Sheriff sufficient time before Court sits to serve the summons. It is prudent, however, to have a week. Suits in this Court stand for trial at the second term after they are brought. But if creditor makes affidavit to his claim, it obliges the debtor to file a p!ea under oath, and if he fails to do so. judgment by default is given against him. In Baltimore city, the secon 1 Monday in every month (except August) is a return day for process.
MASSACHUSETTS.—Civil actions are commenced by original writs, which are framed to attach the goods or estate of the debtor, and, for want thereof, to take his body; or the writ may be an original summons, with or without an order tı, attach the goods or estate. Original writs issuing from the Supreme Judicial Court or the Superior Court, must be served fourteen days at least be ore the term at which they are returnable, and original writs issued by a Municipal or Police Court, or Justice of the Peace, must be served not less than seven, and not more than sixty days before the day on which they are returnable. Writs against municipal corporations must be served thirty days at lea-t before the return day.
MICHIGAN --Summons must be served in Circuit Court forty. five to sixty diys before the first day of any term of Court. The time varies with the return day. In suits commenced by declaration (the common way), the declaration should be served at least forty days prior to the first day of the term at which judgment is desireit. In all suits commenced by non-resiilents of the Stat, th- urit or declaration must, at the time of commencement of suit, be indorsed be a resident of the State as security for costs. In Justice's Court summons may be returnable in not less than six, nor more than twelve days from date of its issue. In some cases a short summons may be returnable in two days.
MINNESOTA.- Process to commence suit in the District Court must be served on the debtor twenty days before judgment can be taken by default. In Justice's Court the process may be made returnable any time from six to twenty days.
MISSISSIPPI.-In a Justice's Court process must be served ten days before the Court sits—these Courts sit once a month. In Circuit Court, process must be served five days before Court sits.
MISSOURI.—The debtor has lifteen days after the summons has been served on him to appear in Justice's Court. In the Circuit Courts, all suits founded upon bonds, bills, or notes for the direct payment of money, where the summons is served fifteen days before the return day, are triable at the return term and the debtor must answer or demur before the second day of the term.
NEBRASKA.-Process of summons, replevin and attachment issued by Justices of the Peace must be made returnable not less than three nor more than twelve days from its date Process issued by provare judge m ist be returnable on the first Monday of the month following the date of its issuance, if issued ten days before the first Mondav, otherwise it must be made returnable on the first Monday of the month next succeeding. An action in the District Court is commenced by filing in the office of the Clerk of the Court, a precipe, and causing a summons thereon. The return day of the summins is the second Monday after the day of its date. Where service of the summons is made personally on the debtor, he shall answer or demur before the third Monday. Ordinarily a canse can be brought to issue the fifth Monday after the filing of the precipe.
NEW HAMPSHIRE.--All process, if against individuals, must be served fourteen days, and upon corporations twenty-eight days, before return day thereof. No bonds -re required in instituting a suit, but if the creditor is a non-resident, some person in the State must become responsible for costs by indorsing his name on the back of the writ.
NEW JERSEY.-Summons in Justices' Courts shall be served at least five days before the time of appearance mentioned therein, by reading the same to the debtor, and delivering to him a copy thereof, if he shall the found, and if not found, by leaving a copy thereof at his place of abode, in the presence of some free person of the family of the age of fourteen years, who shall be informed of the contents of the summons. In the Circuit Courts a copy of the summons must be served on the debtor in person, at least two entire days before its return day, or if at his dwelling house, or usual place of abode, at least six entire days before its return day.
New York.--Actions are commenced in Justices' Courts and in the District Courts of the city of New York, by service of gummons: and they are of two kinds, long and short summons. A long summons is the usual process against all persons residing in the county where it issues, and must be served not less than six, or more than twelve dars before the time of appearance ment oned therein. A short sum rons is the proper form of process to be issued against a non-resident deňtor, and must be served not less than two, nor more than four days from the time mentioned in it for debtor's appearance. In the County Courts, the Supreme Court of the city of New York, the Court of Commun Pleas of the city of New York, and in the Supreme Court, the debtor must be served with summons twenty days before judgment can be entered.
NORTH CAROLINA.—Process in Circuit Court must be served two days before first day of term. The action is commenced by issuing a summons and filing a complaint in the clerk's office. Actions before ju-tices are commenced by issuing summons to be served on the debtor which is made returnable at some time and place within the county to be designated by the justice. Judgment can usually be oltained in two days.
OH10.-Summons in a civil action in the District Court or Common Pleas Court is returnable on the second Monday after its date; if issued to another county, the summons is returnable, at the option of the party having it issued, on the third or fourth Monday after its date. The answer or demirrer by the debtor must be filed on or before the third Saturday, and the reply or demurrer by the creditor on or before the fifth Saturday after the return day of the summons. Tbe mode of procedure in actions before justices of the peace is as follows: The creditor files a statement of the nature and amount of his claim, upon which a summons issues returnable in three days, at the end of which time a trial is had.
OREGON.—Justices courts are always open. The return day named in the summons issued out of said courts must not be less than six por more than twelve days. Suit and actions in the Circuit Courts are commenced by filing a verified complaint with the clerk of the court. Summons is served by personally delivering to the debtor or leaving at his res dence, in the county, with a white person over fourteen years of age, a copy of the summons and a certifierl copy of the complaint, and if dehtor does not uppear or answer in ten days tie creditor may take judgment. In cases of non-resident debtors who have property
in the State, the court may order service by publication of the summons.
PENNSYLVANIA.—Suit may be commenced at any time. All writs are returnable to the tirst Monday of each month, except September, when it is the third Monday, and if debtor's residence is known, the writ cin be issued as late as the Saturday before return dav. A summons from a justice of the peace is returnable on a day named therein, wh ch must not be less than five nor more than eigut days after the date of the writ, and must be served on the debtor at least four days before the date fixed for the hearing of the cituse.
RHODE ISLAND). —If creditor is a non-resident, suit must be brought in the county where deltor resides, or may be found, or where his property is attached. A writ issuing from the Supreme Court or Court of Common Pleas must be served twenty days before the first day of court. Writs are either of arrest or
Writs of arrest run first against the body, and, in default thereof, against the goods and chattels of the debtor on all debts due before July 1, 1870. On all causes of action accruing after July 1, 1870, no arrest or attachment can be made unless the creditor, or some one in his behalf, makes oath that the cre litor has a just dema:d against the debtor named in his writ, upo i which he has a reasonable expectation of recovery in said action of a sum sufficient to give juiisdiction thereof to the court to which said writ is returnable, and that the debtor has property which he does not intend to apply to the payment of said claim. Or an arrest may be made of a debtor, if he creditor, or some one in his behalf, shall make affidavit that the debtor is about to depart from this State without leaving therein real estate whereon service of said writ may be made by attachment sufficient to satisfy the damages laid there n; or that he has committed fraud in contracting the debt upon which this action is founded, or that he has committed fraud in the wrongful concealment and wrongful dispos tion of said property. All writs issued by justices, or courts of magi trates, are returnable in not less than six days from the time they were issued.
South CAROLINA.-In all actions brought in the Court of Common Pleas service may be made at any time without regard to terms of court; debtor must answer in twenty days, or judgment will go against him by default.
TENNESSEE.--The warrant of a justice of the peace is returned for a trial at a time fixed by the officer when he serves it, indorsed on his return. In the Circuit Courts writs served five days prior t a term of the court are returnable to that 'erm.
Texas. -Process issued out of the District Court must be