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(33 Pac.)




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Writs of Error-Supersedeas-Process No application for a writ of error to be Writs of Error.

made a supersedeas will be considered by Rule 1. Writs of error shall be directed to in vacation, unless the transcript shall have

the court, or by a judge or judges thereof, the clerk or keeper of the records of the

been filed in this court. At the time of filcourt in which the judgment or decree coming the transcript the plaintiff in error shall plained of is entered, commanding him to certify a correct transcript of the record to pay to the clerk of this court the sum of 10

dollars. Thereafter, should he elect to prosthis court. In any case where a transcript of the record, duly certified to be full and ecute his writ of error, he shall, upon filcomplete, has been filed, or may be hereaft- ing an abstract of said transcript, as provider filed, in the office of the clerk of this ed for by the rules of this court, pay to the

clerk of the court an additional sum of 10 court, before the issuance of a writ of er

dollars. ror, it shall not be necessary, except in a

Rule 5. When a writ of error shall be case where a supersedeas may be allowed, to deliver such writ to the clerk of the infe made a supersedeas, the clerk shall indorse

“A rior court; but the same may be filed in the upon said writ the following words: office of the clerk of this court, and such been filed in my office, with an order indorsed

transcript of the record in this case having transcript, so filed with the clerk of this thereon that the writ of error herein be made court, shall be taken and considered to be a due return to said writ of error. When a

a supersedeas, according to law, this writ of

error is therefore made a supersedeas, and writ of error shall issue in a case where a supersedeas has been allowed after the filing

shall operate accordingly,”- which indorseof the transcript of the record, and shall be ment shall be signed by the clerk of this

court. served on the clerk of the inferior court,

Rule 6. Whenever execution or other final he shall return upon said writ that the same has been served upon him, and that it ap- law or decree in equity, and the record of

process shall be issued upon a judgment at pears by the indorsement thereon that a transcript of the record has been filed in the such judgment or decree shall be removed

into this court by writ of error operating as office of the clerk of the court of appeals. Rule 2. A scire facias, or summons to hear a supersedeas, such writ of error may be

served upon the officer in whose hands such errors, if issued ten days or more before the execution may be; and thereupon all profirst day of the term, shall be returnable to ceedings under such execution shall be disthe first day of the term.

continued, and such officer shall return the If issued less than ten days before the first same into the court from which it was isday of the term, it may be made returnable sued, together with the copy of the writ of to any day in the term: provided, that in all error served on him, and shall set forth in cases, if such writ shall not be served ten his return to such execution what, if anydays before the return day thereof, the de- thing, he hath done in obedience to the comfendant so served shall not be required to mand thereof. appear in obedience thereto until the first

Such service of the writ of error and suday of the term succeeding such return day. persedeas may be made by delivering to the

A defendant upon whom process has not officer having such final process for execubeen served may enter his appearance, and, tion a copy of such writ of error and the upon five days' notice to the plaintiff, may indorsements thereon, with the certificate of proceed in the same manner as if duly served the clerk of the court of appeals, or of the with process.

clerk of the inferior court to whom the same Rule 3. If a scire facias, or summons to is directed, that the same is a true and perhear errors, shall not be served, an alias or fect copy of the original of such writ of er. pluries may be issued without an order of ror and the indorsements thereon. court therefor.

Rule 7. Whenever a bond is executed by Rule 4. No supersedeas will be granted un. an attorney in fact, the original power of atless the transcript of the record on which torney shall be filed with the bond in the the application is made be complete, and cer- office of the clerk of this court, unless it tified to by the clerk of the court below, shall appear that the power of attorney conwith an assignment of errors written there- tains other powers than the mere power to on or appended thereto.

execute the bond in question; in which case v.33 P.


the original power of attorney shall be pre- of filing the transcript of the record, and
sented to the clerk, and a true copy thereof each error shall be separately alleged and
filed, certified by the clerk to be a true copy particularly specified.
of the original.

When the error alleged is to the charge

of the court, the part of the charge referred Transcript of the Record.

to shall be quoted totidem verbis in the Rule 8. Clerks of inferior courts, in making specifications: provided, where the charge is up an authenticated copy of the record in divided into separate paragraphs or instruccivil cases, shall certify to this court a copy

tions, which are each duly numbered, and of the process, with the return thereto, the error is assigned as to one or more entire pleadings of the parties, the verdict in jury paragraphs or instructions, it shall be suffitrials, the judgment or decree of the court cient to designate the part of the charge below, all motions specified in section 387, referred to by giving the number prefixed Civil Code 1887, orders of court, instructions, to each paragraph or instruction so assigned and the appeal bond in cases appealed, to

for error: gether with the original bill of exceptions;

The same shall be signed by an attorney and shall also number each folio of one hun- or counselor of the court. dred words in the transcript of the record

Rule 14. If the appellant or plaintiff in and bill of exceptions on the margin there- error shall fail to assign errors, the appeal of: provided, the appellant or plaintiff in er

or writ of error may be dismissed; and, ror, or his attorney, may, by praecipe, indi- if the appellee or defendant in error shall cate to the clerk what of the files of the not appear and join in error within fifteen cause shall be inserted in the record; and days after the return day, the cajise may be in such case, if the record shall be insuffi- heard ex parte, or the judgment or decree. cient, it shall be perfected at his cost, and, may be, in the discretion of the court, reif unnecessarily voluminous, the cost of the

versed without a hearing.

Rule 15. Counsel will be confined to a disunnecessary parts shall be taxed against him.

cussion of the errors stated, but the court Rule 9. The clerk of the court below shall may, in its discretion, notice any other errors arrange the several parts of the record in appearing in the record. chronological order. Rule 10. The clerk of this court shall not

Abstract of the Record. tax as costs in this court any matter insert- Rule 16. Appellants and plaintiffs in ered in the transcript contrary to the foregoing ror, in all cases in the court of appeals, shall, rules.

within twenty days after the return day,

prepare and file with the clerk eight copies Supplemental Transcript of Record.

of a printed abstract of the record in each Rule 11. When a party to any cause pend- case, in which they shall set forth the title ing in this court asks leave, without sug- of the cause, with the date of the filing of gesting a diminution of record, to file an ad- all papers in the court below, and a brief ditional or supplemental transcript of the statement of the contents of each pleading, record, he shall give at least twenty-four and shall set forth fully the points of the hours' notice thereof to the opposite party. I pleadings or evidence, and the points relied At the time of giving such notice, the addi- upon for the reversal of the judgment or tional or supplemental transcript shall be decree; and appellants and plaintiffs in erdeposited with the clerk of this court for ror shall refer to the folio numbers in the the inspection of the opposite party. If, up- transcript and bill of exceptions, on the maron hearing the motion, leave is granted, the gin of the abstract, in such manner that oradditional or supplemental transcript may ders, pleadings, and evidence referred to in be filed and considered in connection with the abstract may be easily found in the recthe original transcript.


Rule 17. The defendant's counsel may, if Dismissal of Appeals.

he is not satisfied with the abstract or Rule 12. If a transcript of the record shall abridgement of the record by the plaintiff's not be filed, as required by law, in case of counsel, within twenty days after the same appeal, the appellee may present a tran- is filed, file with the clerk eight copies of script of the judgment, the order allowing such further abstract as he shall deem necthe appeal, the bond and the approval there. essary to a full understanding of the merits

of the cause. of, and thereupon the appeal shall be dis

Rule 18. In case the appellant or plaintiff missed, with costs.

Whenever an appeal or writ of error shall in error shall neglect to file an abstract in be dismissed, this court may, in its discre compliance with the rules of this court, the tion, affirm the judgment of the court be- opposite party may file the abstract and prelow.

pare the cause for a hearing ex parte, and

have the costs taxed therefor, or the court Assignment of Errors.

may dismiss the appeal or writ of error. Rule 13. Appellants and plaintiffs in error Rule 19. If the abstract filed shall not preshall assign errors in writing at the time sent the parts of the record to which refer


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