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shall have been taken or writs of error sued or discussion of authorities, a statement, in out to this court after October 1, 1909, the numerical order, of the points relied on, toappellant shall file with the clerk of this gether with a citation of authorities, approcourt a full transcript, or in lieu thereof, a priate under each point. Any brief failing certificate of the judgment as provided by to comply with this rule may be disregarded section 2048, Revised Statutes, 1909, within by the court. the time designated in said section, and the The brief filed by appellant shall disdate of the allowance of the appeal, and not tinctly and separately allege the errors comthe time of filing the bill of exceptions after mitted by the trial court, and no reference the appeal is granted, shall determine the will be permitted at the argument to the term of this court to which such appeal is errors not thus specified, unless for good returnable. When the appellant, for any rea carse shown this court shall otherwise dison, cannot or does not file a complete tran- rect. script, he shall file, within the time allowed Delivery of an abstract or brief to the atby said section, a certificate of the judg- torney of record of the opposing party shall ment, and shall thereafter file a complete be deemed a delivery to such party under the transcript and abstract of the record, or sim- foregoing rules, and the evidence of such ply an abstract of the record.
delivery must be by the written acknowledg.
ment of such opposing party or his attorney, Rule 17.-COSTS, WHEN ALLOWED or by the affidavit of the person making the FOR PRINTING ABSTRACTS AND REC- service; and such evidence of service must ORDS. Costs will not be allowed either par- be filed in this court with the abstract or ty for any abstracts filed in lieu of a full brief. transcript under section 2048, Revised Statutes 1909, which fails to make a full pres Rule 19.-CITING AUTHORITIES IN entation of all the record necessary to be
BRIEFS. In citing authorities in support considered in disposing of all the questions of any proposition, it shall be the duty of arising in the cause. In those cases brought counsel to give names of the principal parto this court by a copy of the judgment, or
ties to any case cited from any report of adder or decree, instead of on a full transcript, judged cases, as well as the number of the and in which the appellant shall file in this volume and the page where the same will be court a printed copy of the entire record, found; and when reference is made to a pasas and for an abstract, costs may be allowed sage in any elementary work or treatise, the for printing the same.
number of the edition, the volume, the secIn any case in which a manuscript record tion, the paging or side paging shall be set has been or may hereafter be filed in this forth. court, a reasonable fee for printing an ab
Rule 20.–CONTINUING AND RESETstract of the record, or the entire record, may TING CASES. No case shall be reset or conbe taxed as costs upon the written stipu- tinued, or time extended for filing statelation of both parties to that effect. The af- ments, abstracts or briefs, on mere agreefidavit of the printer shall be received in
ment of counsel, but only for sufficient cause every case, where costs may properly be shown, and by order of the court. taxed for printing, as prima facie evidence of the reasonableness thereof; and if the
(Effective December 1st, 1910.) adverse party objects thereto, such objection shall be filed within ten days after service
Rule 21.-PENALTY FOR FAILURE TO of notice of the amount of such charge. Not COMPLY WITH RULES 12, 14, 15, 16 AND exceeding sixty-five cents a printed page will 18. If any appellant in any civil cause shall be allowed in any case for printing abstracts fail to comply with the provisions of rules or transcripts.
12, 14, 15, 16 or 18, the court, when the cause
is called for hearing, will dismiss the ap Rule 18.—BRIEFS, WHAT TO CONTAIN peal, or writ of error, or, at the option of the AND WHEN SERVED. The appellant shall respondent, continue the cause at the cost deliver to the opposing party a copy of his of the party in default. No oral argument brief thirty days before the day on which will be heard from any counsel failing to the cause is set for hearing, and the respond comply with the provisions of rule 18, unent shall deliver a copy of his brief to the less said counsel is prevented from doing so opposing party at least ten days before the by failure of opposing counsel. last named date, and the appellant shall de liver a copy of his brief in reply to the op
Rule 22.-AGREED STATEMENT OR posing party not later than the day pre- | CAUSE OF ACTION. Parties may, in the ceding that on which the cause is set for courts of first instance, agree upon any statehearing, and six copies of each brief shall ment of the cause of action, the defense and be filed with the clerk on or before the last the evidence, together with the rulings of the named date.
court thereupon, and the exceptions saved All briefs shall be printed in not less than to any rulings, which intelligently present to ten point (long primer) type, and shall con this court the matters intended to be reviewtain separate and apart from the argument | ed; and this statement, with a certificate by
the judge before whom the cause was tried, filed, and shall accompany said notice with that the same is a substantial history of a copy of said motion, and in all cases the what occurred, at the trial of the cause, shall court will require satisfactory proof that be treated as the record in this court. proper notice has been given.
Rule 23.-MOTIONS FOR REHEARING. Rule 26.-MOTION FOR AFFIRMANOE. Motions for rehearing must be accompanied | On motion for affirmance under section 2047, by a brief, printed or typewritten, statement Revised Statutes, 1909, the mere fact that of the reasons for a reconsideration of the the appellant has on file, or presents a copy cause, and must be founded on papers show- of the transcript, at the time such motion is ing clearly that some question decisive of the made, shall not, of itself, be deemed good case, and duly submitted by counsel, has been cause within the meaning of said law. overlooked by the court, or that the decision is in conflict with an express statute, or with Rule 27.-APPEARANCE OF COUNSEL. a controlling decision of the Supreme Court, The counsel who represent the parties in the or with a decision of one of the other Courts trial court, in any cause coming to this of Appeals; and the question so submitted by court, will be held to represent the same parthe counsel and overlooked by the court, or ties, respectively, in this court; but should the statute with which the decision conflicts, other counsel be engaged or retained in the or the controlling or conflicting decision, as cause, they must enter their appearance in the case may be, must be distinctly and par- writing, the counsel for the appellant ten ticularly set forth in the motion, otherwise days, and the counsel for the respondent five the motion will be disregarded. Such motion days before the first day of the term to which must be filed within ten days after the opin- 'the appeal or writ of error is returnable; ion of the court shall be filed, and notice of and if counsel are employed after said time, the filing thereof must be served on the op- their appearance must be entered as soon posite counsel. After a cause has been once as they are retained. Counsel failing to comreheard, and the motion for rehearing over- ply with this rule will not be recognized in ruled, no further motion for rehearing or a cause, unless the consent, in writing, of motion to set aside the order overruling the the counsel of the opposite party to such apmotion for rehearing, by the same party, will pearance be filed with the clerk ten days bebe entertained by the court or filed by the fore the day on which the cause is set for clerk, nor will any motions to certify the hearing. Appearance may be entered by case to the Supreme Court be filed or enter- written notice to the clerk of this court, givtained. At the time of filing of such motion ing the name and address of the counsel. for rehearing, four copies thereof, and four Additional counsel may enter their appearcopies of the brief in support thereof, shall ance at any time before the cause is called be deposited with the clerk.
for hearing. (Amended July 23, 1910, to take effect August 1, 1910.)
Rule 28. - ALLOWANCE TO GAR
NISHEES. Garnishees claiming any allowRule 24.-ORAL ARGUMENTS. When a ance in this court must do so on or before cause is called for argument, the appellant a final submission of the cause on briefs. will state the cause and proceed with his ar- They shall accompany the claim for allowgument; the respondent will thereupon make ance with a sworn statement of expenditures his statement of the cause and proceed with paid or incurred upon the appeal. his argument, the appellant in error replying if he desires, provided he has not consumed Rule 29.-SERVICE OF ABSTRACTS all of his time in opening. The whole time AND BRIEFS IN CRIMINAL CASES. The consumed by either party in the statement attorneys for appellants, in criminal cases and argument shall not exceed sixty minutes, in which transcripts have been filed in the unless the court, for cause shown, and on ap- office of the clerk of this court sixty days plication made before the commencement of before the day the cause is docketed for the argument in the case, shall otherwise hearing, shall, at least thirty days before the order.
day of hearing, file in the office of the clerk Cross appeals shall be treated as one of this court a printed statement, containing cause, and the plaintiff in the trial court apt references to the pages of the transcript, shall be entitled to open and close the argu- assignment of errors and brief of points and ment.
argument, and serve a copy thereof upon
the attorney acting as prosecuting officer in Rule 25.—NOTICE ON MOTION TO DIS- the trial court or his successor in office, and MISS OR AFFIRM. A party in any cause, thereupon, such attorney shall, fifteen days desiring to present a motion either to dis- before the day of trial, serve defendant or miss an appeal or writ of error, or to affirm his counsel with a copy of his statement and the judgment of the trial court, shall notify brief. the adverse party, or his attorney of record, ! When a criminal case shall be advanced on in writing, of his intention to file said mo- the docket, the court shall designate the time
When appellants have been allowed to Rule 32.-RECORD ENTRIES PERFECT. prosecute their appeals as poor persons, by ING APPEAL NOT TO BE ABSTRACTED. the trial court, counsel will be permitted Hereafter an appellant, filing here a certified to file typewritten briefs and statements. In copy of the order granting an appeal, need cases in which the transcript has been filed not abstract the record entries showing the thirty days before the day on which the steps taken below to perfect such appeal. If cause is docketed, counsel for appellant shall the abstract state the appeal was duly taken, file their statements, briefs and assignments then absent a record showing to the conof error fifteen days before the hearing, and trary, by respondent, it will be presumed the the prosecuting officer, his brief and state proper steps were taken at the proper time ment five days before the hearing.
Hereafter no appellant need abstract recRule 30.-RETURN OF ORIGINAL
ord entries evidencing his leave to file, or WRITS. Original writs or other process filing of, a bill of exceptions.
It shall be issued by the court, or by any judge in va sufficient if his abstract state the bill of excation, may be made returnable to the court ceptions was duly filed. The burden is then as such judge in vacation may order.
on respondent to produce here the record Rule 31.—WITHDRAWING RECORDS. showing the contrary to be the fact, if he
make the point. No record or any of the files in a cause shall be taken from the clerk's office, but any
Anything in any rule to the contrary is party interested may make a copy of any
hereby abrogated. record in the clerk's presence.
(Adopted March 3, 1913.)
Page A. B. Banks & Co., Caledonia Ins. Co. of Boas v. Coats (Ark.)...
312 Scotland v. (Ark.)... .1191 | Boesel v. Wells Fargo & Co (Mo.).
110 A. B. Banks & Co., Phænix Ins. Co. of Boger Gulf, C. & S. F. R. Co. v. (Tex. Hartford, Conn., v. (Ark.).
..1093 Adams Exp. Co. v. Commonwealth (Ky.).. 603 Bolt, State v. (Tenn.)
761 Adams & Peters, Southern Gas & Gasoline Bomar, Commonwealth Bonding & Casualty Engine Co. v. (Tex. Civ. App.). .1143 Ins. Co. v. (Tex. Civ. App )
.1060 Adkins, Campbellv. (Ky.)..
996 Bonner v. Kimball-Lacy Lumber Co. (Ark.) 242 Ahrns v. Ahrns (Ky.)..
720 | Bonnie Bros., Bonnie & Co. v. (Ky.). 871 Alexander, Gardner v. (Ky.).
466 Bonnie & Co. v. Bonnie Bros. (Ky.). 871 Alexander v. Philpot (Ark.). .1187 | Boone v. Boone (Ark.)..
779 Alford, O'Brien v. (Ark.) 774 Bosworth v. Batterton (Ky.).
506 Allen v. Griffith (Ky.).. .1003 Bosworth, Couty v. (Ky.)
742 Allen v. State (Tex. Cr. App.) .1151 Boyd, Richmond v. (Tenn.).
755 Alport, Nelson v. (Mo.).
94 Brady-Neely Grocer Co. v. De Foe (Tex. Alsobrook v. Orr (Tenn.).
1135 Amarillo Nat. Bank v. Panhandle Tele Branum, International Travelers' Ass'n v. phone & Telegraph Co. (Tex. Civ. App.).. 1091 (Tex. Civ. App.)
389 Amarillo Nat. Bank v. Sanborn (Tex. Civ. Brewer, State v. (Ark.).
804 App.) . 1075 Briggs, Darrow v. (Mo.).
118 Amburgy v. Pond Creek Coal Co. (Ky.)... 855 Britt, Cowling v. (Àrk.).
783 American Ins. Co. v. McGehee Liquor Co. Brock, Creech v. (Ky.).
483 (Ark.) 251 Brodie v. Haswell (Ky.).
856 Anderson-Tulley Co., Beck v. (Ark.). 246 Broussard, Ex parte (Tex. Cr. App.). 660 Andrew v. Linebaugh (Mo.).. 135 Brown, Gill v. (Tenn.).
752 Andrews, Southwestern Telegraph & Tele Brown, Naylor v. (Ky.).
983 phone Co. v. (Tex. Civ. App.).
218 Brown, St. Louis, I. M. & S. R. Co. v. Ardrey, Moss v. (Mo.).. 6 (Ark.)
940 Arkansas Lumber Co., State ex inf. Attor Brown v. State (Tex. Cr. App.)
437 ney General v. (Mo.). 145 Brown v. State (Tex. Cr. App.).
897 Aubrey's Adm'r v. Stimson (Ky.). 991 | Bryant y. Moore (Tex. Civ. App.).
395 Aycock v. Ross (Tex. Civ. App.). ......1037 Buckner, Gainsboro Tel. Co. v. (Ky.)....1000
Burk Hollow Coal Co. v. Lawson (Ky.)... 695 Bain v. Tye (Ky.)... 843 Burke, Stokely v. (Tenn.).
763 Baker v. State (Tex. Cr. App.). .1154 Burkhead, Stone v. (Ky.).
489 Banks v. Cornelison (Ky.).
502 Burt & Brabb Lumber Co., Eversole & Co. Banks & Co., Caledonia Ins. Co. of Scotland V. (Ky.)
846 V. (Ark.)
. 1191 | Bustillos, Southwestern Portland Cement Banks & Co., Phænix Ins. Co. of Hartford, Co. v. (Tex. Civ. App.).
638 Conn., v. (Ark.). 233 Bynum, Maddox v. (Ky.).
981 Barkley, Henry Clay Fire Ins. Co. v. (Ky.)
747 Caledonia Ins. Co. of Scotland v. A. B. Barnett, Ex parte (Tex. Cr. App.). .1165 Banks & Co. (Ark.)..
.1191 Bartley v. Big Branch Coal Co. (Ly.). 601 | Callahan Const. Co. v. Thomas (Ky.).
828 Batterton, Bosworth v. (Ky.).
506 Calvert, Johnson v. (Mo.). Battle, Gulf, C. & S. F. R. Co. v. (Tex. Campbell v. Adkins (Ky.).
996 Civ. App.)
, Western Tie & Timber Co. v. Bauer Cooperage Co., Ferrell v. (Ky.)..... 479 (Ark.)
253 Baugh, Strickland v. (Tex. Civ. App.). 181 | Cannon v. State (Ark.).
812 Baxter County Bank v. Copeland (Ark.). .1180 Capital Sec. Co. v. Gray (Ark.).
244 Beaird, Texas & P. R. Co. v. (Tex. Civ. Carson-Muse Lumber Co., Fairbanks, Morse App.)
731 Bean, International Harvester Co. of Amer Carson-Muse Lumber Co., Gatliff v. (Ky.).. 504 ica v. (Ky.) 549 Carter v. Goodson (Ark.)..
806 Beck v. Anderson-Tulley Co. (Ark.). 246 Carter Co. v. Cox (Ky.).
472 Begley v. Valentine (Ky.).
.1026 Carter & Bro., Weir v. (Tex. Civ. App.). .1113 Bell v. State (Tex. Cr. App.) .1150 Cassady, Commonwealth v. (Ky.).
497 Bellamy, St. Louis, I. M. & S. R. Co. v. Caswell, Yates v. (Tex. Civ. App.). .1104 (Ark.) 322 Catlett v. State (Tex. Cr. App.).
673 Benton County Lumber Co., Doke V. Caumissar & Sons, Western Union Tel. Co. (Ark.)
.1026 Berry, Smith v. (Ky.). 478 Chadwell, State v. (Tenn.)
.1170 Beuris, Montenegro-Riehm Music Co. v. Chamberlain, Western Union Tel. Co. v. (Ky.) 986 (Tex, Civ. App.)
370 Big Branch Coal Co., Bartley v. (Ky.).... 601 Chambers v. Ogle (Ark.).
795 Biggs v. Commonwealth (Ky.). 525 Chapman, Smith v. (Ky.).
834 Billingsley, Del Curto v. (Tex. Civ. App.).. 393 Chesapeake & O. R. Co. v. Friend (Ky.).. 509 Bishop, Pine Mountain Mfg. Co. v. (Ky.). .1010 Chesapeake & 0. R. Co. v. Kelly's Adm'x Bitner v. State (Tenn.)
736 Blake, Western Union Tel. Co. v. (Ark.).. 240 Chesa peake & O. R. Co., Truesdell v. Blanton, Wasioto & B. M. R. Co. v (Ky.).. 589 (Ky.)
471 Board of Drainage Com’rs of Daviess Coun Chick, Tedford v. (Ark.).
769 ty, Shaw v. (Ky.)...
859 | Childress, Crow v. (Tex. Civ. App.)..... 927
Page Chilton v. Nickey (Mo.)......
978 Connecticut Fire Ins. Co., Craddock, VinChristian, St. Louis Southwestern R. Co. son & Co. v. (Ky.)..
.1015 of Texas v. (Tex. Civ. App.).
. 1102 Continental Ins. Co. v. Ramsey (Ky.). 855 Chumbley, Quanah, A. & P. R. Co. v. (Tex. Cook v. Commonwealth (Ky.).
553 Civ. App.)
.1107 | Cook v. Rockhouse Realty Co. (Ky.). 480 Cincinnati, N. 0. & T. P. R. Co. v. Copeland, Baxter County Bank v. (Ark.)..1180 Swann's Adm'x (Ky.).
886 Copeland, Hastings Industrial Co. v. (Ark.) 1185 Cincinnati, N. 0. & T. P. R. Co. v. Wheel Copeland v. Porter (Tex. Civ. App.). 915 er (Ky.) 690 Cornelison, Banks v. (Ky.)
502 Citizens' Nat. Bank, Rush v. (Ark.). 777 Corney v. Corney (Ark.)..
808 Citizens' R. Co., Eldridge v. (Tex. Civ. Corsicana Petroleum Co., Owens V. (Tex. App.) 375 Civ. App.)
192 City of Covington, Ex parte (Ky.).
718 Cosgrove, Supreme Tribe of Ben Hur v. City of Dublin, Stevens v. (Tex. Civ. (Ky.)
999 App.) 188 Cotton v. Ingram (Ark.).
967 City of Flemingsburg, Saunders v. (Ky.).. 575 Coughlin, McNamara v. (Ky.).
555 City of Hopkinsville, Tandy v. (Ky.). ... 703 Coultress, City of San Antonio y. (Tex. City of Lamar, Township of Lamar v. (Mo.) 12 Civ. App.)
917 City of Louisville, Western Union Tel. Co. County Board of Education, Ramsey V. v. (Ky.) 994 (Ky.)
521 City of Ludlow, Stephens v. (Ky.). 473 Couty v. Bosworth (Ky.).
742 City of Nacogdoches, Ingraham v. (Tex. Cowling v. Britt (Ark.).
783 Civ. App.) .1134 Cox, John B. Carter Co. v. (Ky.).
472 City of Nacogdoches, Lindsey v. (Tex. Civ. Cox v. State (Ark.)..
.1126 Craddock, Vinson & Co. v. Connecticut Fire City of Newport, Postal Telegraph Cable Ins. Co. (Ky.)...
..1015 Co. v. (Ky.).. 700 Craighead County, State v. (Ark.).
964 City of San Antonio v. Coultress (Tex. Civ. Crawford v. Dupriest (Ky.).
840 App.) 917 Creech v. Brock (Ky.).
483 Clark v. State (Tex. Cr. App.) 895 Crone, King v. (Ark.).
238 Clarke v. Rogers (Ky.).....
485 Crosbyton-Southplains R. Co. v Railroad Clay Fire Ins. Co. v. Barkley (Ky.). 747 Commission of Texas (Tex. Civ. App.). .1038 Clinchfield Fuel Co. v. W. M. Lundy & Son Crow v. Childress (Tex. Civ. App.).
563 Crunkleton, Log Mountain Coal Co. v. Clint v. Houston Ice & Brewing Co. (Tex.) 411 (Ky.)
692 Coats, Boas v. (Ark.). 312 Cyrus v. State (Tex. Cr. App.)..
679 Coffey v. Miller (Ky.).
852 Cofield, Kline v. (Ky.).
477 Cole v. Lewis, two cases (Kv.).
.1013 Coleman v. Commonwealth (Ky.).
Daniel v. Holtclaw (Ky.). 595
523 Coleman v. Freeman (Ky.)....
Daniels, Scott v. (Ky.)
118 Collier v. Commonwealth (Ky.).
Darrow v. Briggs (Mo.). 740
538 Collier v. Smith (Tex. Civ. App.).
Davidson v. Lewis (Ky.). .1108
.1128 Collins v. Combs (Ky.).
Davis v. Collins (Tex. Civ. App.). 721
552 Collins, Davis v. (Tex. Civ. App.)
Davis, Ellison v. (Ky.)
.1128 Collinsworth v. United Zinc & Chemical
De Foe, Brady-Neely Grocer Co. v. (Tex.
.1135 Co. (Ms.)..
34 Colvin, Phillips v. (Ark.).
316 Colyar v.
Del Curto v. Billingsley (Tex. Civ. App.).. 393 Little Rock Bottling Works (Ark.)
Delolme v. State Sav. Bank of Springfield, 810 Mo. (Ark.)...
229 Combs, Collins v. (Ky.). 721
503 Combs v. Commonwealth (Ky.).
Delorme Lumber Co., Dotson v. (Ky.). .
879 Commissioners of Sewerage of Louisville,
Denney, Old Diamond Coal Co. v. (Ky.). .1016 Johnson's Adm'r v. (Ky.)..
315 Commonwealth, Adams Exp. Co. v. (Ky.):: 603 Dexter, York Lumber Co. v. (Ark.) Commonwealth, Biggs v. (Ky.).
Dick v. Commonwealth_(Ky.).
630 Commonwealth, Coleman v. (Ky.).
(Tex. Civ. App.).. 595
493 Commonwealth, Collier v. (Ky.).
Doherty v. First Nat. Bank (Ky.).
740 Commonwealth, Combs v. Ky.).
503 Commonwealth, Cook v. (Ky.).
Dotson v. Delorme Lumber Co. (Ky.).. 553
527 Commonwealth, Dick v. (Ky.).
Dotson v. Norman (Ky.). 496
497 Commonwealth v. Gabhart (Ky.).
Dotson v. Patterson (Ky.). 514
840 Commonwealth, Gossett v. (Ky.).
Dupriest, Crawford v. (Ky.). 478
.1183 Commonwealth, Knipp v. (Ky.).
Dutton v. Million (Ark.).
494 Commonwealth, Lawson v. (Ky.).
494 Commonwealth, Lawson v. (Ky.). 587 Eason, Gaines v. (Tenn.). .
309 Commonwealth, Nashville, C. & St. L. R. East Tennessee Tel. Co. v. Jeffries (Ky.).. 825 Co. v. (Ky.).
511 Eberling, Woods v. (Tex. Civ. App.). 932 Commonwealth, Paul v. (Ry.).
544 Ed Steves & Sons, Dilworth & Green v. Commonwealth, Provident Savings Life As (Tex. Civ. App.)
630 sur. Soc. v. (Ky.).
551 Eldridge v. Citizens' R. Co. (Tex. Civ. Commonwealth, Rist v. (Ky.). 475 App.)
375 Commonwealth, Rist v. (Ky.). 477 Ellison v. Davis (Ky.)..
552 Commonwealth, Rutland v. (Ky.) 584 Elza v. State (Tex. Civ. App.).
633 Commonwealth v. Southern Exp. Co. (Ky.) 517 Employers' Indemnity Co. of Philadelphia, Commonwealth v: Starr (Ky.)...
743 Rock Springs Distilling Co. v. (Ky.)... 730 Commonwealth, Stroud v. (Ky.). . 1021 English, Graham's Adm'r v. (Ky.).
836 Commonwealth Bonding & Casualty Ins. Co. Ethridge v. State (Tex. Cr. App.).. .1152 v. Bomar (Tex. Civ. App.)
.1060 Evansville & Bowling Green Packet Co., Compton, Western Union Tel. Co.
McLemore v. (Ky.)
.1006 (Ark.) 946 Evatt v. Mier (Ark.).
817 Conine, Stroud v. (Ark.).
959 Eversole & Co. v. Burt & Brabb Lumber Conley, Loeb v. (Ky.). 575 Co. (Ky.)
846 Conn v. Marshburn (Tex. Civ. App.). . 1113 | Ewell, Sansom v. (Ky.)..