/KEY NUMBER SYSTEM This is a Key-Numbered Volume Each syllabus paragraph in this volume is marked with the topic and Key-Number section under which the point will eventually appear in the American Digest System. The lawyer is thus led from that syllabus to the exact place in the Digests where we, as digest makers, have placed the other cases on the same point---This is the Key-Number Annotation. THE SOUTHERN REPORTER VOLUME 83 PERMANENT EDITION COMPRISING THE DECISIONS OF THE SUPREME AND APPELLATE WITH KEY-NUMBER ANNOTATIONS NOVEMBER 29, 1919 MAY 1, 1920 ST. PAUL WEST PUBLISHING CO. 1920 AMENDMENTS TO RULES 1 SUPREME COURT OF ALABAMA 1 of said order. Chancery rule 22, page 1535 of the Civil | mail, within twenty days from the making Code of 1907, is amended so as to read as follows: 22. (22) (22) (25) Service of Non-Residents. -Where a defendant is shown by affidavit of the complainant or his agent, appended to the bill, or otherwise, to be, in the belief of such affiant, either a nonresident, or that his residence is unknown, or, if a resident, that he has been absent from the state more than six months from the filing of the bill, or that he conceals himself so that process cannot be served upon him; and such affidavit further states the belief of the affiant as to the age of the defendant, being over or under twenty-one years, or, if the residence and age of the defendant are unknown to the person making the affidavit, states that they are unknown, or, if the bill sets forth the facts required to be stated in said affidavits, and is sworn to, it shall be the duty of the register, or chancellor, to make an order against such defendant, requiring him to answer or demur to said bill before a day to be therein named, not less than thirty days, nor more than fifty days from the making thereof. The register shall have all orders of publication against defendants, whether made by the chancellor or himself, published, with as little delay as may be, in such newspaper as may be designated in the order, once a week for four consecutive weeks; a copy of which order he must post up at the door of the courthouse of the county, or other place where the court sits, and shall send by mail another copy thereof to the defendant, where his residence is shown by the bill or affidavit, as aforesaid: which copies shall be posted up and sent by 83 SO. This rule shall become effective October 1, 1919. Rule 38, as heretofore amended, as set out on page vii of 77 Southern Reporter, is amended so as to read as follows: Without the order of 38. Rehearings, Application, Time of Filfiled with the clerk of the court, accompaing. All applications for rehearing must be nied by brief for the applicant and a certificate of counsel that a copy of such brief has been delivered to opposing counsel, within fifteen days after the rendition of the judgment whether such period extends beyond the term of the court or not; and such applications may be passed upon at any regular or special term of the court. No application shall be received or filed which is not presented in strict compliance with this rule, and no second application shall be received or filed in any case. the court or a justice thereof, the pendency of an application for rehearing shall not stay or suspend the execution of the judgment of this court. No appellee can, as matter of right, apply for a rehearing unless brief was filed with the clerk upon the original hearing within fifteen days after submission of the cause containing a certificate that a copy of same was served within said time upon counsel for the appellant. An extension of time for filing such a brief by any justice upon request of counsel will not suspead this rule so as to entitle the appellee to apply for a rehearing unless a brief was filed within fifteen days, as above provided. This rule as thus amended shall become operative October 1, 1919. 1 For other rules, see 61 South. vii; 65 South. vii; 77 South. vii. (vi) |