United States v. Evans, 2 Flip. 605. 169 173 561 United States v. Herbert, 5 Cranch C. C. 87 United States v. Horton's Sureties, 2 Dill. 74. United States v. Musser, 4 Utah, 153.. United States v. Reese, 4 Sawy. 635. 191 90 173 558 236 194 .610, 558 173 170 138 227 554 [The following rules are adopted by the Supreme Court, to take effect June 10th, 1890.] COMPLETE RULES OF THE SUPREME COURT OF UTAH TERRITORY. RULE 1. The clerk of this court shall keep his office at the place where sessions of this court are held. Three days before the first day of each term he shall prepare a calendar for each member of the court, and one for the bar, wherein the causes brought into this court shall be entered in the following order, viz.: 1. Causes arising under laws of the United States; 2. Criminal causes arising under the laws of the territory; 3. All other causes in the order of the filing of the transcript. In the title of all cases in this court, the plaintiff in the court below shall be first named, being called appellant or respondent as the case may be. RULE 2. In all cases where an appeal shall be perfected, a transcript of the record shall be filed in this court within thirty days after such appeal shall have been perfected, unless further time is given by this court, or a justice thereof. This transcript shall be certified to be correct by the attorneys of the respective parties or by the clerk of the court from which the appeal is taken. The pleadings, proceedings and papers shall be chronologically arranged in the transcript and the pages of said transcript shall be numbered, and the transcript shall be prefaced with an alphabetical index, specifying the page on which each separate paper, pleading, proceeding and the testimony of each witness is found. Provided, that the appellant or his attorney may by praecipe indicate to the clerk what of the files of the cause shall be inserted in the transcript, and in such case if the record shall be insufficient, it shall be perfected at his cost; and if unnecessarily voluminons the cost of the unnecessary parts shall be taxed against him. RULE 3. If the transcript be not filed within the time prescribed or allowed, the appeal may be dismissed on motion, during the first week of the term without notice, and at any time afterward upon notice; a cause so dismissed without notice may be restored during the same term on notice of five days to the adverse party and for good cause shown; but unless so restored, the dismissal shall be final. RULE 4. On such motion there shall be presented to the court the certificate of the clerk of the court below, under the seal of such court, certifying the amount or character of the judgment, the date of its rendition, the fact and date of the filing of the notice of appeal, and the fact, date and mode of service thereof; the fact and date of the filing of the undertaking on appeal and that the same is in due form, and also that appellant has received a certified transcript of the record or that he has failed to request one, or has failed to pay the legal fees therefor, if the same were demanded; but in case the transcript has been certified to be correct by the attorneys of the respective parties, the fact and date thereof may be shown by any one of them by affidavit. RULE 5. For the purpose of correcting any error or defect in the transcript.either party may suggest the same in writing to this court, specifying such error or defect, and obtain an order that the proper clerk certify the whole or part of the record, as may be required; or the same may be corrected by stipulation of counsel in open court before argument. If the attorney of the adverse party be not present, or if the fact of the alleged error or defect be controverted by him, the suggestion must be accompanied by an affidavit, showing the existence of the error or defect alleged. RULE 6. The appellant shall, within fifteen days after the filing of the transcript, prepare and file with the clerk eight copies of a printed abstract of the record in each case, in which shall be set forth the title of the cause, with the date of the filing of all papers in the court below, and a brief statement of the contents of each pleading, and shall set forth fully the substance of the pleadings and of the evidence, if any, and the points relied upon for the reversal of the judgment or decree, and appellant shall refer to the page numbers in the transcript on the margin of the abstract in such manner that orders, pleadings and evidence referred to in the abstract may be easily found in the record. RULE 7. The respondent's counsel may, if he be not satisfied with the abstract or abridgment of the record by the appellant's counsel, within fifteen days after the same is filed, file with the clerk eight copies of such further abstract as he may deem necessary to a full understanding of the merits of the cause. RULE 8. In case the appellant shall neglect to file an abstract in compliance with the rules of this court, the opposite party may file the abstract and prepare the cause for a hearing ex parte and have the costs taxed therefor, or the court may dismiss the appeal; and if the abstract filed shall not present the parts of the record to which reference is made in the assignment of errors, the appeal may be dismissed. |