§ 11-33-105. Proceedings before justice court judge.
Justice court judges shall have cognizance of attachments in all cases where the amount in controversy is within their jurisdiction. In such case, the notice to a defendant not found shall require the appearance of the defendant at some reasonable time, to be fixed by the judge, not less than one (1) month after the return day of the attachment, and shall be transmitted by such judge by mail to the defendant at his post office, when stated. Such notice shall not be published in a newspaper, but shall be posted in three (3) public places, where they will be likely to be seen by persons in the county of the justice court judge, three (3) weeks before the time for the appearance of the defendant. Such mailing and posting, or posting alone when the post office is not stated, shall be in lieu of publication in a newspaper in attachments before a justice court judge, and shall authorize such further proceedings as are provided for in other cases of publication.
Sources: Codes, Hutchinson's 1848, ch. 56, art. 4 (13); 1857, ch. 52, art. 41; 1871, § 1481; 1880, § 2472; 1892, § 176; 1906, § 181; Hemingway's 1917, § 173; 1930, § 171; 1942, § 2727; Laws, 1981, ch. 471, § 36; Laws, 1982, ch. 423, § 28, made eff from and after January 1, 1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to § 9-11-27(3).
§ 11-33-105. Proceedings before justice court judge.
Justice court judges shall have cognizance of attachments in all cases where the amount in controversy is within their jurisdiction. In such case, the notice to a defendant not found shall require the appearance of the defendant at some reasonable time, to be fixed by the judge, not less than one (1) month after the return day of the attachment, and shall be transmitted by such judge by mail to the defendant at his post office, when stated. Such notice shall not be published in a newspaper, but shall be posted in three (3) public places, where they will be likely to be seen by persons in the county of the justice court judge, three (3) weeks before the time for the appearance of the defendant. Such mailing and posting, or posting alone when the post office is not stated, shall be in lieu of publication in a newspaper in attachments before a justice court judge, and shall authorize such further proceedings as are provided for in other cases of publication.
Sources: Codes, Hutchinson's 1848, ch. 56, art. 4 (13); 1857, ch. 52, art. 41; 1871, § 1481; 1880, § 2472; 1892, § 176; 1906, § 181; Hemingway's 1917, § 173; 1930, § 171; 1942, § 2727; Laws, 1981, ch. 471, § 36; Laws, 1982, ch. 423, § 28, made eff from and after January 1, 1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to § 9-11-27(3).
§ 11-33-105. Proceedings before justice court judge.
Justice court judges shall have cognizance of attachments in all cases where the amount in controversy is within their jurisdiction. In such case, the notice to a defendant not found shall require the appearance of the defendant at some reasonable time, to be fixed by the judge, not less than one (1) month after the return day of the attachment, and shall be transmitted by such judge by mail to the defendant at his post office, when stated. Such notice shall not be published in a newspaper, but shall be posted in three (3) public places, where they will be likely to be seen by persons in the county of the justice court judge, three (3) weeks before the time for the appearance of the defendant. Such mailing and posting, or posting alone when the post office is not stated, shall be in lieu of publication in a newspaper in attachments before a justice court judge, and shall authorize such further proceedings as are provided for in other cases of publication.
Sources: Codes, Hutchinson's 1848, ch. 56, art. 4 (13); 1857, ch. 52, art. 41; 1871, § 1481; 1880, § 2472; 1892, § 176; 1906, § 181; Hemingway's 1917, § 173; 1930, § 171; 1942, § 2727; Laws, 1981, ch. 471, § 36; Laws, 1982, ch. 423, § 28, made eff from and after January 1, 1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to § 9-11-27(3).
