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ence is made in the assignment of errors, 1 ted case for oral argument at any designated the appeal or writ of

may be dis- time, and the clerk will notify the parties. missed.

Rule 28. The party holding the afirmative Briefs of Counsel.

shall begin and conclude the argument upon

the hearing of any matter before the court. Rule 20. The brief of counsel for appellant or plaintiff in error shall contain a state

Motions. ment of the errors relied upon and the au

Rule 29. All motions shall be in writing; thorities to be used in the argument, and eight copies thereof shall be filed with the and at least twenty-four hours' written no clerk of this court within forty days after tice of the time at which any motion will the day fixed by rule for the filing of his ab- be heard shall be given the opposite party, stracts.

(unless such notice shall be waived,) except Two copies of such brief may be with-in ex parte proceedings, or where no appeardrawn by counsel for appellee or defendant ance shall be entered by the opposite party. in error, and the other copies shall be for

Withdrawal of Papers. the use of the justices of the court.

Rule 21. If the brief of appellant or plain- Rule 30. No papers shall be taken from the tiff in error shall be filed in compliance with files except by leave of court, but appelthe foregoing rule, the appellee or defendant lants and plaintiffs in error may withdraw in error, if the latter shall have joined in the transcript of the record for the purpose error pursuant to rule, shall file with the of making abstracts, upon giving receipt clerk eight copies of his brief within forty therefor to the clerk, and upon such withdays after the expiration of the time men-drawal may retain the same for eight days, tioned for the filing of the brief of appellant and no more. or plaintiff in error.

If the appellee or defendant in error shall Twenty days thereafter shall be allowed desire to make an abstract of the record, for the reply of appellant or plaintiff in er- he may withdraw the transcript upon givror, eight copies of which shall be filed, as ing the like receipt, and retain the same for provided in case of other briefs.

the like time. Rule 22. For good cause shown, the court, Neither party shall withdraw the tranor a justice thereof in vacation, may extend script of the record more than once. the time for the filing of abstracts and briefs. Rule 23. All abstracts of the record and

Agreed Case. briefs of counsel shall be printed upon oc- Rule 31. No judgment will be pronounced tavo pages, in pamphlet form.

on any agreed case, unless an affidavit of Upon expiration of the time provided in some credible person shall be filed, setting the foregoing rules for the filing of abstracts forth that the matters presented by the recand briefs, the cause shall be placed upon ord are litigated in good faith about a matthe submission docket. In any cause upon ter in actual controversy between the parthe submission docket wherein no briefs ties, and that the opinion of this court is have been filed by appellant or plaintiff in not sought with any other design than to error under the standing rule, or an order adjudicate and settle the law relative to the granting further time, the appeal or writ of matter in controversy between the parties to error may be dismissed, without notice, for the record. want of prosecution. Rule 24. The application of the foregoing

Rehearing of Causes. rules concerning the filing of abstracts and briefs shall not be suspended by any mo

Rule 32. Application for rehearing of any tion filed in a cause, except by order of the cause shall be by petition to the court, signed court, or one of the justices thereof.

by counsel, briefly stating the points whereRule 25. In citing cases from published re in it is alleged that the court has erred, such ports, the names of the parties as they ap- petition to be filed within fifteen days next pear in the title of the cases, as well as the after the filing of the opinion in the cause. book and page, shall be given.

Counsel may accompany such petition with Rule 26. Counsel who have not complied a brief of the authorities relied upon in supwith the rules relating to briefs will not be port thereof. heard.

Rule 33. The filing of a petition for a re

hearing shall suspend proceedings under the Oral Argument.

decision until the petition is disposed of, Rule 27. Any cause upon the submission unless the court in term time, or one of the docket may be moved by either party for justices in vacation, shall otherwise order. oral argument. Such motion shall be deliv- Rule 34. Upon the determination of a petiered to the clerk, and filed with the papers tion for rehearing, or if, within fifteen days, in the cause. Prior to reaching such cause after final judgment, no such petition shall for decision the court will fix a day for the have been filed, the clerk shall issue remitargument, due notice of which will be given titur to the court below, or, if in an original the parties by the clerk. And the court will, proceeding, issue a certified copy of the final upon its own motion, set down any submit- judgment, upon payment, by the party de

siring such remittitur or copy of final judg- the necessary matter requisite by the rules ment, of the balance of costs, if any, due the of law to support the application, also set clerk in the cause; and, if entitled thereto, forth the circumstances which, in the opinthe party paying costs may have execution ion of the applicant, render it necessary or or fee bill out of this court therefor.

proper that the writ should issue originally

from this court, and not from such other Costs.

court. The sufficiency or insufficiency of Rule 35. Upon printed abstracts being fur- such circumstances so set forth in that benished, as required in the foregoing rules, it half will be determined by the court in

In shall be the duty of the clerk, unless other- awarding or refusing the application. wise ordered, to tax a printer's fee, at the case any court, justice, or other officer, or rate of thirty cents for each one hundred any board or other tribunal, in the discharge words of one copy of such abstract, against of duties of a public character, be named the unsuccessful party not furnishing such in the application as respondent, the petiabstract, as costs, to be recovered by the tion shall also disclose the name or names successful party furnishing the same.

of the real party or parties, if any, in interRule 36. Clerks of district courts and other est, or whose interest would be directly affectcourts of record shall be entitled to receive ed by the proceedings; and in such case it the fees allowed by law for all copies of rec shall be the duty of the applicant obtaining ords before delivering the same, except in an order for any such writ to serve, or cause criminal causes where the defendants are un- to be served, upon such party or parties in able to pay for transcripts of the record, and interest, a true copy of the petition, and of the trial judge shall have ordered the same the writ issued thereon, in like manner as to be furnished without charge.

the same is required to be served upon the Rule 37. Upon the filing of any suit or pro- respondent named in the application and proceeding in this court there shall be paid to ceedings, and to produce and file in the ofthe clerk, by the party filing the same, the fice of the clerk of this court the like evi. sum of twenty dollars, ($20.00,) which shall dence of such service. be for and in full payment of all clerical Rule 39. In case an executor, administracosts of such party in the cause, except for tor, or conservator of the peace is a party copies of papers; and upon the entry of ap- to an action in this court in that capacity, pearance the opposite party shall pay to the after the same is put at issue and submit. clerk the sum of five dollars, ($5.00,) which ted in accordance with the rules of this shall be for and in full payment of the like court, the person or party so prosecuting or costs of said party in the cause. Upon the defending in such representative capacity final termination of the cause in this court may have the cause advanced to the head of the successful party shall have judgment and the submission docket, upon motion, without execution against the unsuccessful party for further showing in support thereof. the amount of said payment, together with Rule 40. On the second Monday of each any other costs or damages awarded by the month the first twenty-five cases then undiscourt pursuant to law or the rules of this posed of on the submission docket will be court.

called. Application in person or by attor

ney for oral arguments in any such cases Application for Original Writs.

must then be made, when they will be set Rule 38. In any application made to the down as the business of the court may percourt for a writ of habeas corpus, manda- mit. If no application be made, the causes mus, quo warranto, certiorari, injunction, or will stand upon the submission docket for for any prerogative writ to be issued in the determination. Stipulations for an oral arexercise of its original jurisdiction, and for gument may be entered into between parwhich an application might have been law- ties, save as to time, which will be fixed by fully made to some other court in the first the court, of which attorneys must take no instance, the petition shall, in addition to itice.

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SUPREME COURT OF NEVADA.

RULE XXV.

appealing, need not be printed; but, if print1. Hereafter all transcripts of the record ed, all the rules concerning the same shall in any action or proceeding may be typewrit- still apply thereto. ten. The typewriting shall be the first im- 2. Briefs and points and authorities, inpression, clearly and legibly done, with best stead of being printed, may be typewritten quality of black ink, in type not smaller than upon the same paper and in the same style small pica, upon a good quality of typewrit- and form as is prescribed for typewritten ing paper, thirteen inches long, by eight transcripts. inches wide, bound in boards with flexible 3. When so typewritten, but one copy of backs, in volumes of a size suitable for con- such transcript need be filed in the case, but venient handling and ready reference, and a copy thereof shall be served on the opposite arranged and indexed as required by the party. Two copies of the briefs and points rules of this court. When so typewritten, and authorities, viz. the first impression and such transcript, in the discretion of the party la copy thereof, shall be filed with the clerk.

AMENDMENTS TO RULES.

SUPREME COURT OF UTAH TERRITORY.

It is ordered by the court that rule 21 of by adding, at the end thereof, the following: the rules of practice of this court, revised and adopted January 28, 1891, be amended brief of points and authorities as required in

"For failure of the appellant to file his by inserting after the word “due,” in the this rule, the court may, in its discretion, third line of said rule 21, the words "the clerk;" and after the word "cause,” in the the appeal, or may examine the record, and

affirm the judgment appealed from, dismiss same line, the words “from the appellant.”

render such judgment as it may deem just; Promulgated January 14, 1892.

and, for failure of respondent to file his briefs It is ordered by the court that rule 10 of as required by this rule, he shall not be heard the rules of practice of this court, revised on the merits of the cause."

n adopted January 28, 1891, be amended Promulgated June 22, 1893.

CASES REPORTED.

263

Page

Pago Abbott v. Wetherby (Wash.).

.1070 Beach, Church of Christ of Palouse City Abrahams, State y. (Wash.). 964 v. (Wash.)

. 1053 Aceredo, People v. (Cal.).

.1099 Bear Lake & River Waterworks & IrriAdams v. Bankers' Life Ass'n (Mont.)... 192 gation Co. v. Ogden City (Utah).

135 Adams y, Black (Wash.). .1074 Beavers v. McKinley (Kan.)..

359 Adams v. Bradley (Cal.).

841 Becannon, Merchants' Nat. Bank v. (Kan.) 595 Adams, Lorie v. (Kan.). 599 Becker v. Malheur County (Or.)..

513 Adams, Myers v. (Utah). 222 Bedel v. Kowalsky (Cal.).

904 Agassiz, Burt v. (Wash.). 508 Beer v. Clifton (Cal.).

204 Agassiz, Kohler v. (Cal.). 741 Beevers, People v. (Cal.).

814 Ahern v. Oregon Telephone & Telegraph Bell v. Coffin (Kan.)..

296 Co. (Dr.). 403 Bell y. Coffin (Kan.)..

621 Aigler v. Carpenter Place Land Co. (Kan.) 593 Bell v. Sausalito Land & Ferry Co. (Cal.) 449 Algar v. Hill (Wash.).

872 Bellingham Bay Boom Co., Tingley v. Allen v. Dunlap (Or.).. 675 (Wash.)

.1055 Allen, Samuel v. (Cal.).

273 Bemmerly, People v. (Cal.). Allenberg, Zellerbach v. (Cal.). 786 Benson v. Anderson (Utah).

691 Altschul, Dowling v. (Cal.).

495 Benson v. Central Pac. R. Co. (Cal.). 206 American Fire Ins. Co. of Philadelphia, Bergin v. Haight (Cal.)..

760 Stockton Combined Harvester & Agricul- Bernhard v. Reeves (Wash.).

873 tural Works y. (Cal.). 638 Bidwell, Hutchinson v. (Or.).

500 American Oak Leather Co. v. Standard Biles, State v. (Wash.).

317 Gig Saddle Co. (Utah). 246 | Birch v. Hale (Cal.).

. 1088 Anders v. Barton (Colo. App.).

142 Bish, Board of Com’rs of El Paso County Anderson, Benson v. (Utah). 691 v. (Colo. Sup.)..

181 Anglin, Second Nat. Bank of Colfax v. Bitting v. Douglas County (Or.).

981 (Wash.)

.1056 Bituminous Lime Rock Paving & Imp. Co. Appleby v. Jansen's Heirs (Cal.). ...... 438 v. Fulton (Cal.)...

.1117 Applegate, Dowell v. (Or.). 937 Black, Adams v. (Wash.).

.1074 Archer v. California Lumber Co. (Or.). 526 Blackburn v. City of Oklahoma City (Okl.) 708 Arizona Cattle Co. v. Huber (Ariz.). 555 Blake, Rowe v. (Cal.).

864 Arizona Lumber & Timber Co. v. Mooney Blanchard, Gregory v. (Cal.).

199 (Ariz.) 590 Bland v. Jackson (Kan.).

295 Arkansas River Land, Reservoir & Canal Blinn, In re (Cal.).

841 Co. v. Flinn (Colo. App.).

. 1006 Board of Com’rs of Archuleta County, Arnold v. Christy (Ariz.). 619 Catron v. (Colo. Sup.)..

513 Arnold, Tuller v. (Cal.). .

445 Board of Com’rs of Clark County, Logan Arnott v. City of Spokane (Wash.). .1063 v. (Kan.)

603 Ashby, McKissick v. (Cal.).

729 Board of Com'rs of El Paso County v. Ashton v. Dashaway Ass'n (Cai.). 446 Bish (Colo. Sup.).

184 Ashworth, Connolly v. (Cal.).

60 Board of Com’rs of Laramie County v. AtAtchison, Martin v. (Idaho). 47 kinson (Wyo.).

995 Atchison, T. & S. F. R. Co. v. Board of Board of Com’rs of Laramie County, Com'rs of Sumner County (Kan.)...

312
State v. (Wyo.).

992 Atchison, T. & S. F. R. Co. v. Headland Board of Com'rs of Pitkin County v. Law (Colo. Sup.).

185
(Colo. App.)..

143 Atchison, T. & S. F. R. Co. v. Shean Board of Com’rs of Prowers County v. (Colo. Sup.).

108 Pueblo & A. V. R. Co. (Colo. App.;... 682 Alkinson, Board of Com’rs of Laramie Board of Com'rs of Sumner County v. County v. (Wyo.).. 995 Simmons (Kan.).

13 Austin, Lammon v. (Wash.).

355 | Board of Com’rs of Sumner County, Atch

ison, T. & S. F. R. Co. v. (Kan.). . 312 Bailey v. Lay (Colo. Sup.). .

407 | Board of Education of City of Topeka v. Bain v. Cline (Or.). 512 Welch (Kan.)

654 Baird: v. Crank (Cal.).

63 Board of Sup'rs of City and County of San Baird, Clarke v. (Cal.), 756 Francisco, Conlin v. (Cal.).

753 Baker, Woolverton v. (Cal.).

731 Board of Sup'rs of San Bernardino CounBaker County, State v. (Or.). 530 ty, Smith v. (Cal.)..

10:34 Bamberger v. Geiser Or.). 609 Boggs, Pearce v. (Cal.).

900 Bankers' Life Ass'n, Adam's v. (Mont.). 192 Bonney, People v. (Cal.).

9S Bank of British North America v. Madi- Booth Columbia & P. S. R. Co. son (Cal.) 762 (Wash.)

.1075 Bank of California, Gunn v. (Cal.). .1105 Booth v. County Court of Arapahoe CounBarber, Spring Val. Waterworks v. (Cal.) 735 ty (Colo. Sup.).

581 Barkley v. City of Oregon City (Or.)..... 978 Booth. Breene v. (Colo. App.)

.1007 Barkwell v. Chatterton (Wyo.).. 940 Bordeleau, Pearse v. (Colo. App.).

140 Barmon, Hyman v. (Wash.).

.1076 Borland v. Nevada Bank of San Francisco Barnes, State v. (Kan.).. 021 (Cal.)

737 Barnes, State v. (Or.). 666 Bowles, Orman v. (Colo. Sup.).

109 Barton, Anders v. (Colo. App.)

142 Boyes v. Green Mountain Falls Town & Barton, Cimarron Land Co. v. (Kan.). 317 Imp. Co. (Colo. App.).

77 Baxter, Walker v. (Wash.).. 426 Boyson v. Thorn (Cal.).

492 Bay View School Dist. of Santa Cruz Bradford v. McAvoy (Cal.).

1091 County v. Linscott (Cal.).. 781 | Bradley, Adams v. (Cal.).

811 v.33 P.

(xi)

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