Page:United States Statutes at Large Volume 31.djvu/466

414 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. { his place of residence, and the postage plaid. The service shall be deemed to be made on the iirst da after the deposit in the post-office that the mail leaves the place of dleposit for the place of the address, and not otherwise. _ mgggéggggsgkny gg; Sec. 499. A defendant appears in an action when he answers, demurs, to ai heme before or givesthe plaintiff written notice of his appearance, and until he “*’p"*“““°‘i· does so appear he shall not be heard in such action or in any proceeding pertaining thereto, except the giving of the undertakings allowed to the defen ant in the provisional remedies of arrest, attachment, and the delivery of personal property. - When the defendant has not appeared, notice of a motion or other proceeding need not be served upon him, unless he be imprisoned for want of bail, or unless directed by the court, or judge thereof, in pursuance of -this title. fryg*°{*h¥;¤{{g'S*;l;§$;Q€ Sec. 500. When a party is absent from the district and has no attorwhen service to bé ney in the action, service may be made b mail if his residence be known; m“d" "“ ""°"‘°y‘ if not known, on therelerk for him. Vghen a party, whether absent o1· not from the district, has an attorney in the action, service of notice or other papers shall be made upon the attorney. S,(?f¤*°O§<f**§)P{°Vi· SEc. 501. The foregoing provisions do not a ply to the service of a ns n o p y to V . . summons. summons or other process, nor so much thereofp as allows service to be made of any notice or other paper to bring a party into contempt, otherwise than upon such party plersonally. th§£_;g¢g€}gct§§é*§& SEc. 502. A notice or other paper is valid and effectual, althoutgh mm. defective either in respect to the title of the action in which it is ma e, or the name of the court or the parties, if it intelligently refer to such action. Filing °* P“P‘*“· Sec. 503. All undertakings, aflidavits, or other papers required by or , provided for in this code shall be filed with the clerk, except when this code otherwise specially provides. A pleading or paper s all be filed by delivering the same to the clerk at his office, who s all indorse upon it the day of the month and the year, and subscribe his name thereto. The clerk shall not be required to receive for iilin any paper unless the name of the court, the title of the cause and gie paper, and the names of the parties, and the attorney, if there be one, isintelligibly indorsed on the back of it, or unless the contents thereof can be read by a person of ordinary skill. CHAPTER Frrrr-0NE. or APPEALS AND wmtrs or ERROR. Sec. · Sec. 504. Appeals and writs of error, how § 507. From what an appeal may be taken. taken. " 508. Laws regulating procedure and prac- 505. What judgments shall be final. tice on appeal. 506. When may be taken. { fAgpg¤1§0;{gk;*;i*¤ Sec. 504. Appeals and writs of error may be taken and prosecuted ° ° ° ’from the iinal jud ments of the district court for the district of Alaska or any division giereof direct to the Supreme Court of the United States in the following cases, namely: In prize causes and in all cases which involve the construction or application of the Constitution of the United States, or in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority is drawn in question, or in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United Statesgand that in all other cases where the amount involved or the value of the subject-matter exceeds five hundred dollars the United States circuit court of appeals for the ninth circuit shall have jurisdiction to review by writ of error or appeal the final judgments, orders, of the district court. ·