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PACIFIC REPORTER, VOLUME 26.
COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.
SUPREME COURT RULES.
court according to law, with an assign. 5. A scire facias to hear errors shall be
WRITS OF ERRORS-SUPERSEDEAS. error shall file in the office of the clerk of 1. No supersedeas will be granted unless
this court a transcript of the record, duly · a transcript of the record on which the certified to be full and complete, before a application is made is complete, and so
writ of error issues, it shall not be necescertified by the clerk of the court below,
sary to send such writ to the clerk of the and the requisite bond be entered into
inferior court, but such transcript shall and tiled in the office of the clerk of this
be taken and considered as a due return
to said writ. ment of errors written on or appended to the record; and in every application for
made returnable on the first day of the a supersedeas an abstract of the record,
term; and, if any such writ shall not be with a brief containing the points and
served 10 days before the return-day thereauthorities relied on, and pointing specif
of, the defendant so served shall not be ically to those portions of the record upon
required to appear in obedience thereto which the alleged errors arise, with the
until the first day of the term of court record, shall be presented to the court or
next succeeding such return-day. A dejudge to whom the application is made.
fendant upon whom process has not been Every such application, whether made in
served may enter his appearance, and, open court or to a justice in vacation,
upon five days' notice to the plaintiff, may. must be accompanied by an affidavit of
proceed in the same manner as if duly the proposed securities, or some other
served with process. credible person, justifying the sufficiency
6. If a scire facias to hear errors shall of bail, sworn to and properly certified.
not be served, an alias or pluries may be 2. Whenerer a bond is executed by an
issued without an order of the court thereattorney in fact, the clerk shall require the
for. original power of attorney to be filed in his office, unless it shall appear that the
RECORDS—How PREPARED-TIME FOR power of attorney contains other powers
FILING. than the mere power to execute thie bond i Hereafter the clerks oi the inferior in question, in which case the original courts in this territory, in cases of appeal power of attorney shall be presented to and of error or certiorari, in making up an the clerk, and a true copy thereof filed, “authenticated copy of the record of the certified by the clerk to be a true copy of judgment below,” or in sending up a the original.
transcript of the record to this court as a 3. When a writ of error shall be made a return to a writ of error or certiorari, supersedeas, the clerk sball indorse upon shall certify to this court: First, a copy said writ the following words: “This of the process; second, the pleadings of writ of error is made a supersedeas, and the parties, respectively; third, the veris to be obeyed accordingly;" and he shall
dict in jury trials; fourth, the judgment thereupon file the writ of error, with the of the court below, whether tried by court transcript of the record, in his office. Said or jury; fifth, all orders made in the same transcript shall be taken and considered cause by the court; sixth, the bill of exas a due return to said writ, and there. ceptions; seventh, the appeal-bond in opon it shall be the duty of the clerk to cases of appeal. And in no case shall the issue a certificate, in substance as follows, said clerk insert in such transcript any afto-wit:
fidavit, account, or other document or "Territory of Oklahoma-ss.:
writing, or other matter, which, accord. "Office of the Clerk of the Supreme Court.
ing to the decisions of this court, bas "I do hereby certify that a writ of error
been held to constitute no part of the rechas issued from this court for the reversal
ord of a cause. This rule shall not extend of a judgment obtained by
to appeals or error in chancery or crim-, in the court of - at the
inal causes. term, A. D. 18—, in a certain civil
8. The clerk of the court below shall araction, which writ of error is made a
range the several parts of the record aforesupersedeas, and is to operate as a suspen
said according to their chronological or. sion of the exerution of the judgment, and,
der. The clerk of this court sball not tax as such, is to be obeyed by all concerned.
as costs in this court any matter inserted “Given under my hand and the seal of in such transcript contrary to the rule. the supreme court, at
9. The party or his attorney may by day of --, A. D. 18—.
præcipe indicate to the clerk and direct Clerk.'
what of the files of the cause shall be cop.
ied into the record; and in such cases, if 4. Writs of error shall be directed to the the record shall be insufficient, it shall be clerk or keeper of the record of the court supplied at his costs, and, if unnecessarily in which the judgment or decree com voluminous, he shall pay the costs accrued plained of is entered, commanding him to on account of the copying of such unneccertify a correct transcript of the record essary matters. to this court; but where the plaintiif in 10. No case brought to this court by ap.
peal shall be placed on the court docket the record, the facts must be disclosed for hearing unless the record is filed with. and supported by affidavit. in the time now prescribed by law, or
SECURITY FOR Costs. within tbe further time allowed by the court for filing the record, except in ex
19. Upon filing an affidavit that any traordinary cases the court, upon special plaintiff in error is not a resident of this application, may order a cause to be
territory, and that no bond for costs has
been filed, a rule shall be entered against placed on the hearing docket. 11. No case which may be brought to
him, of which he shall take notice, to this court on writ of error shall be placed
show cause why the writ shall not be dison the court docket for bearing unless the
missed. record shall be filed on or before the first
20. No cause shall be docketed, nor proday of the term, or within such further
cess issued thereon, except causes wherein time as may be allowed by the court for
the United States or territory is appellant filing the same, except in extraordinary
or plaiutiff in error, until the plaintiff in cases the court, upon special application,
error or appellant shall deposit with the may order a cause to be placed on the
clerk $10.00 as security for clerk's fees. hearing docket.
ABSTRACTS. 12. The appellant or plaintiff in error 21. Appellants and plaintiffs in error, in shall in all cases assign error at the time all causes in the supreme court, shall preof filing his record in this court, and, on pare a printed abstract of the record in failing to do so, the case may be dis- each case, in which they shall set forth the missed; but other errors may be assigned title of the cause, with the date of the filafter the filing of the record, by leave of ing of all the papers in the court below, the court. The appellee or defendant in and a brief statement of the contents of error shall have the right to assign cross each pleading, and shall set forth fully the errors within two days after the record is points of the pleadings or evidence, and filed in this court, and not afterwards the points relied upon for the reversal of without special leave of the court. The the judgment or decree. The clerk of the assignment of errors and cross-errors must court below shall also number each page be written upon or attached to the rec of the trarscript of the record, and appelord.
lants and plaintiffs in error shall refer to MANDATE.
the same in the margin of the abstract in 13. Before an application for a writ of
such manner that orders, pleadings, and mandate will be heard by this court, the
evidence referred to in the abstract may applicant must show that the parties in
be easily found in the record. They shall terested in the subject-matter to be
file with the clerk of this court, for the reached or affected by the issuance of the
use of the appellee or defendants in error writ have been notified in writing of the
and judges of this court, five copies of time and place of the intended applica
such abstracts on or before the first day tion at least 10 days previous thereto, un
of the term, unless for good cause the less the court for special reasons shall
time for filing abstracts shall be extended.
22. The defendant's counsel shall be perotherwise direct.
mitted, if he is not satisfied with the abAGREED CASES.
stract or abridgment by the plaintiff's 14. No judgment will be pronounced in counsel, to furnish each of the justices of any agreed case placed upon the records this court with such further abstracts as of this court upless an affidavit shall be he shall deemn necessary to a full under. filed, setting forth that the matters pre- standing of the merits of the case. sented by the record were litigated in 23. In case the appellant or plaintiff in good faith about a matter in actual con error shall neglect to file abstracts in comtroversy between the parties, and that pliance with the rules of this court, the the opinion of this court is not sought opposite party may file the abstracts and with any other design than to adjudicate prepare the cause for a hearing ex parte, and settle the law relative to the matter in and have the costs taxed therefor, providactual controversy between the parties to ed the appellant or plaintiff in error would the record.
have been entitled to have the cause heard MOTIONS.
at the same term, or the court may dis. 15. Motions may be made immediately miss the appeal or writ of error. after the decisions of the court are an 24. If the abstracts filed shall not prenounced, but at no other time, unless in sent the parts of the record to which refcase of necessity, or in relation to a cause erence is made in the assignment of errors, when called in course.
the appeal or writ of error may be dis16. Motions are to be made by the at
missed. torneys in the following order: First, by
BRIEFS. the attorney general; next, by the oldest 25. The brief of the counsel for appellant practitioner at the bar; and so on to the or plaintiff in error shall contain a stateyoungest.
ment of the errors relied upon and the au17. All special motions shall be in writ thorities to be used in the argument, and ing, and siled with the clerk, together five copies thereof shall be filed with the with the reasons in support thereof, at clerk of this court on or before the first least one day before they shall be submit day of the term, unless for good cause ted to the court. Objections to motions shown the time shall be extended. One of must also be in writing. Oral arguments the copies may be withdrawn by the will not be heard.
counsel for appellee or defendant in error, 18. When a motion is intended to be and the others shall be for the use of the based on matters which do not appear by 'justices of the court,
26. Counsel for appellee or defendant in gin of the journal where the orders in such error shall also file with the clerk five causes are entered. The clerk of the court copies of his brief for the use of the jus- is answerable for all records and papers tices and the opposing party on or before belonging to his office and filed therein, the day next preceding the day on which and they shall not be taken from his custhe cause is to be heard, unless for good tody unless by special order of the court; cause shown the tine shall be extended. but the parties may have copies when de
27. In citing cases from published re- sired, by paying the clerk therefor. ports, the names of the parties as they
ORAL ARGUMENTS. appear in the title of the case, as well as the book and page, shall be given.
34. Oral argument will be heard on the 28. Counsel who have not complied with calling of a cause upon the regular call of the rules in relation to briefs will not be
the docket on behalf of the appellant or heard.
plaintiff in error if he shall have complied DOCKETING AND HEARING.
with the rule in regard to filing abstracts 29. Causes in which the United States or
and briefs, and on behalf of the appellee or the territory is a party, and in which they defendant in error if he shall have filed his hare a direct interest in the decision, shall
printed brief on or before the day precedbe placed at the head of the docket. All
ing the calling of the cause. Where a other cases shall be docketed and called
cause shall be argued orally in behalf of for argument in the order in which the rec
either party, printed or written argument ords shall have been filed with the clerk.
in addition to his brief will not be received 30. The civil docket shall be called nu
from such party, unless the same shall merically, and the causes shall be argued,
have been filed within the time prescribed, continued, or otherwise disposed of, as
in this rule for filing of his printed brief. they are called, unless for good cause
35. Oral argument will not be heard on shown they be placed at the foot of the
any motion, nor upon the rehearing of a docket. Allunespired rules will terminate
cause, unless specially directed by the court. upon the call of the cause for hearing:
36. The time allowed for each oral arguprovided that, if the court shall give time
ment shall be restricted to one hour, unto either party without the consent of the
less otherwise specially permitted. other, the cause shall not lose its preced. | REHEARINGS-TIME AND MANNER OF APence on the docket.
PLICATION. 31. The call of the docket will commence
37. The manner of applying for a rehearon the third day of the term, and five cases
ing shall be as follows: Within 30 days per day will be subject to call. The ab.
after an opinion is filed a party desiring stract and brief of plaintiff in error or ap
a rehearing shall give actual notice in pellant must be filed as provided in these
writing to the opposite party or to his atrules; and, in the event that either the ab.
torney of his intention to make such apstract or brief is vot filed within the pre- plication, and within 60 days after the filscribed time, the judgment or decree of the ing of an opinion shall place on file in the court below will, on the call of the docket,
clerk's office five printed copies of the petibe affirmed. The defendant in error or
tion. appellee, in case he does not argue orally,
38. Application for a rehearing of any can file a brief within five days after the time fixed for filing the brief of plaintiff in court, signed by counsel, briefly stating
cause shall be made by petition to the error or appellant, and the latter can have
the grounds for a rehearing, and the aufive days for a reply, at the expiration of
thorities relied on in support thereof. which time the cause will stand for de.
When a rehearing is granted, notice shall cision, and no further arguments will be
be given to the opposite party of the time received. LICENSING ATTORNEYS,
when such rehearing will be had.
REHEARING-SUPERSEDEAE-STAY OF PRO32. Any practicing attorney of the dis.
CEEDINGS. trict court will, on motion, be admitted to practice in this court; and any practic.
39. Any of the justices of this court may, ing attorney of any state or territory,
in vacation, issue an order which shall ophaving professional business in this court,
erate as a supersedeas in any case wbich may, on motion, he admitted upon taking
has been submitted to this court for hearthe oath prescribed by law and upon the ing and judgment, whenever a reargument presentation of his certificate of admission of the same shall, in their opinion, be ad. in another court. All motions for the ad
visable. mission of attorneys must be presented to
40. Where an opinion in any case is filed the court at the morning hour of its ses- in vacation, and a petition for a rehearing sion, immediately before the call of the shall be presented to either of the justices docket for the day. Each attorney, on
of this court, if he shall certify that there being admitted, shall pay one dollar and is probable ground for granting a rehear. a half to the clerk, who shall furnish such ing all further proceedings authorized by attorney a certificate of admission and a the judgment of this court shall be stayed
until the next term of the court. printed copy of the rules.
41. Upon the affirmance of judgments REMOVING RECORDS.
executions may issue, at the option of the 33. The papers filed in each cause shall party, from this court, or, if such party so be kept in a package, on which shall be elect, a writ of procedendo shall be issued indorsed the title and number,-the num- to the court below upon the payment by ber on the package always corresponding the successful party of the costs made by with the number on the appearance him in this court. docket, and with the number on the mar- Adopted April 4, 1891.