|
Proceedings.
|
18 D. In all cases wherever a party is returned summoned to
a return day or to a term, the same proceedings shall be had as
are now had in paid court, subject to such rules as the said
court may prescribe as to pleading and practice, and the case
shall be entered in their order on the trial docket for the suc-
ceeding term.
|
|
|
When suit to
stand for
trial.
|
18 E. Every suit in which any defendant shall be returned
summoned, except suit on contract, as hereinafter provided,
shall stand for trial or judgment at the next term succeeding
the return day or term to which said defendant was returned
summoned, as now provided by law, subject to such rules as
the court may prescribe as aforesaid.
|
|
|
Pleadings in
suits on
contracts.
|
18 F. In suits where the cause of action is a contract, whether
in writing or not, or whether expressed or implied, the plaintiff,
if affidavit or affirmation be made, as hereinafter stated, shall
be entitled to judgment, to be entered by the court or clerk
thereof on the return day or the first day of the term next
succeeding the return day, or the term to which the defendant
shall have been returned summoned, although the defendant
may have pleaded, unless such plea contains a good defence,
and unless the defendant or some one in his behalf shall, under
oath or affirmation, state that every plea pleaded by the defen-
dant is true, and shall further state what amount of the
plaintiff's demand, if any, is admitted to be due or owing,
and what amount is disputed; and if the copartnership or
incorporation of any of the parties to the suit shall be
alleged in the declaration, affidavit or affirmation tiled there-
with as hereinafter provided, or if there shall be filed with
the declaration in said causes or at time of bring the suit, any
paper purporting to be signed by any defendant therein, the
fact of such alleged co-partnership or incorporation and the
genuineness of such signature shall be deemed to be admitted
for the purpose of said cause, unless the affidavit, or the
defendant, or made in his behalf before provided, shall
further state that the affiant knows or has good reason to
believe such allegation of co-partnership or incorporation to be
untrue, or that such signature was not written by or by the
authority of the person whose signature it purports to be; in
case any part of the debt or damages claimed be admitted to
be due, the plaintiff shall be entitled to an entry of judgment
therefor with costs in full discharge of the action, provided
|
|