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Rule 812. No Judgment by Default (1950)


No judgment by default shall be taken in such case when service has been had by publication, but in such case the facts entitling the plaintiff to judgment shall be exhibited to the court on the trial; and a statement of facts shall be filed as provided by law and these rules in suits against nonresidents of this State served by publication, where no appearance has been made by them.

Amended by order of Oct. 12, 1949, eff. March 1, 1950: The following language has been in­serted as indicated: "when service has been had by publication" before the first comma; "in such case" before the words "the facts entitling"; and "served by publication" before the last comma.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941