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SUPREME COURT RULES-UTAH.

Rule 1. The clerk of this court shall keep | torneys of the respective parties, the fact his office at the place where sessions of and date thereof may be shown by any this court are held. Three days before the one of them by affidavit. first day of each term he shall prepare a Rule 5. For the purpose of correcting calendar for each member of the court, any error or defect in the transcript either and one for the bar wherein the causes party may suggest the same in writing to brought into this court shall be entered in this court, specifying such error or defect, the iollowing order, viz : (1) Causes aris- and obtain an order that the proper clerk ing under laws of the United States; (2) certify the whole or part of the record, as criminal causes arising under laws of the may be required; or the same may be corterritory ; (3) all other causes in the order rected by stipulation of counsel in open of the filing of the transcript. In the title court before argument. If the attorney of of all cases in this court, the plaintiff in the adverse party be not present, or if the the court below shall be first named, being fact of the alleged error or defect be concalled “appellant” or “respondent,” as troverted by him, tbe suggestion must be the case may be.

accompanied by an affidavit, showing the Role 2. In allcases where an appeal shall existence of the error or defect alleged. be perfected, a transcript of the record Rule 6. The appellant shall, within fifshall be filed in this court within thirty teen days after the filing of the transcript, days after such appeal shall have been per- prepare and file with the clerk eight copies fected, unless further time is given by this of a printed abstract of the record in court, or a justice thereof. This tran- each case, in which shall be set forth the script shall be certified to be correct by the title of the cause, with the date of the filattorneys of the respective parties or by ing of all papers in the court below, and the clerk of the court from which the ap- a brief statement of the contents of each peal is taken. The pleadings, proceedings, pleading, and shall set forth fully the suband papers shall be chronologically ar- stance of the pleadings and of the evidence, ranged in the transcript, and the pages of if any, and the points relied upon for the said transcript shall be numbered, and the reversal of the judgment or decree; and transcript shall be perfected with an al. 1 appellant shall refer to the page numbers phabetical index, specifying the page on in the transcript on the margin of the abwhich eacb separate paper, pleading, pro- stract in such manner that orders, pleadceeding, and the testimony of each wit- ings, and evidence referred to in the ab. ness is found: provided, that the appellant stract may be easily found in the record. or his attorney may by præcipe indicate Rule 7. The respondent's counsel may, if to the clerk what of the files of the cause he be not satisfied with the abstract or shall be inserted in the transcript, and in abridgment of the record by the appelsuch case, if the record shall be insnfficient, | lant's co nsel, within fifteen days after the it shall be perfected at his cost; and, if un- same is filed, file with the clerk eight copies necessarily voluminous, the cost of the of such further abstract as he may deem unnecessary parts shall be taxed against necessary to a full understanding of the him.

merits of the cause. Rule 3. If the transcript be not filed Rule 8. In case the appellant shall negwithin the time prescribed or allowed, the lect to file an abstract in compliance with appeal may be dismissed, on motion, dur- the rules of this court, the opposite party ing the first week of the term, without no. may file the abstract and prepare the cause tice, and at any time afterwards, upon no- for a hearing ex parte, and have the costs tice. A cause so dismissed without notice taxed therefor, or the court may dismiss may be restored during the same term on the appeal; and, if the abstract filed shall notice of five days to the adverse party, not present the parts of the record to and for good cause shown; but, unless so which reference is made in the assignment restored, the dismissal shall be final. of errors, the appeal may be dismissed.

Rule 1. On such motion there sball be Rule 9. For good cause shown, the court presented to the court the certificate of or any justice thereof may extend the time the clerk of the court below, under the for the filing of transcripts and abstracts. seal of such court, certifying the amount Rule 10. The attorney for the appellant or character of the judgment, the date of shall serve on the attorney for the reits rendition, the fact and date of the filing spondent a copy of his points and authorof the notice of appeal, and the fact, date, ities, in the form of a printed brief, at least and niode of service thereof; the fact and ten days before the hearing; and within date of the filing of the undertaking on five days therefrom, the counsel for the appeal, and that the same is in due form, respondent shall

upon appeland also that appellant has received a lant's counsel a like copy of his points and certified transcript of the record, or that authorities; and, before the hearing, the he has failed to request one, or has failed attorneys foreach of the respective parties to pay the legal fees therefor, if the same shall file with the clerk of this court eight were demanded; but, in case the transcript copies of his brief; and the appellant, in has been certified to be correct by the at- his brief, shall plainly and distinctly set v. 25p.

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serve

forth the particular errors upon which he stract of the record, he may withdraw the relies for a reversal of the judgment of the transcript upon giving the like receipt, court below.

and retain the same for a like time; hut Rule 11. All abstracts of the record and neither party sball withdraw the tranbriefs hereafter filed in this court shall be script more than once. Al! records and printed on unruled white paper of the size papers of said court shall be open to inand style now used in the supreme court spection by the public, and any person of the United States, and in small pica may procure or make copies thereof. type, with one inch for margin; but, Rule 20). Application for rehearing of by leave of court or one of the justices any cause shall be by petition to the court, thereof, a brief (and in criminal cases an signed by counsel, briefly stating the abstract) of another character may be points wherein it is alleged the court bas filed.

erred; such petition to be filed within Rule 12. All technical objections affecting twenty days next after the filing of the the right of the appellant to be heard on opinion in the case. Counsel shall accomthe merits of a cause must be taken at the pany such petition with a brief of the aufirst term or adjourned term after the ab- thorities relied upon in support thereof, stract is filed, and must be specified in and the certificate required by law. The writing, filed at least one day before the filing of a petition for a rehearing shall cause is called for argument, or will not suspend proceedings under the decision be regarded. Such objections must be until the petition for a rehearing is dispresented to the court before any argu. | posed of. Upon the determination of a ment upon the merits.

petition for a rehearing, or where, on noRule 13. Cases appealed into this court tice to the party against whom the judgwill not be heard at any particular term ment is entered in any case, the party unless the abstract of the record shall be does not signify an intention to move for filed before the commencement of such rehearing, the clerk shall issue remittitur term, or unless the appellant shall in writ- to the court below, or, if an original proing present a satisfactory excuse for not ceeding, a copy of the final judgment, upon having filed the abstract before the com- payment of the balance of costs, if any, mencement of the term ; but this rule shall due to the clerk in the cause. not apply to cases docketed for the pur- Rule 21. The clerks of district courts shall pose of dismissal under the rules of this be entitled to receive the fees allowed by court.

law for all transcripts of records, and also Rule 14. All motions shall be in writing, any balance of costs due in the cause, besubscribed by counsel, and filed with the fore delivering the same; except in crimclerk; and, in cases where a notice of mo- inal cases where the defendants are unation is required, the time prescribed there. ble to pay for transcripts of the record, for may be shortened by any justice of the and the trial judge shall have ordered the court, as well as by the court.

same to be furnished without cost, and Rule 15. All stipulations and agreements except in criminal cases where plaintiff is of parties or their attorneys in respect to appellant. a cause shall be reduced to writing, signed Rule 22. Whenever an action shall be by them, and filed with the clerk, or stat- | brought into this court, the party su ed in open court, and entered by the clerk; bringing the cause shall pay to the clerk otherwise the same will be disregarded. the usual and reasonable deposit required Counsel obtaining any order or judgment by him to pay the costs as they accrue: may be required by the clerk to furnish to provided, that, if upon the final deterhim the form of the same.

mination of any cause there shall remain Rule 16. Any cause may be submitted on in the hands of the clerk any balance of debrief by stipulation, and either party may posit in excess of costs, it may be returned submit a cause on his behalf on brief filed, to the party entitled thereto. and without oral argument.

Rule 23. There shall be appointed at the Rule 17. Counsel for each party shall be beginning of each term of this court a allowed one hour, to be divided among standing committee of three members of associates, as they may desire, but the the bar of this court, whose duty it shall court, in special cases, will allow further be to examine and report in writing upon time. Each defendant who appeared sep- the qualifications of every applicant for arately in the court below, and an inter- admission to the bar of this court, who venor, may be heard through his own is required to be examined. counsel.

Rule 24. Any party entitled, by reason Rule 18. All opinions of the court, after of a personal interest, to ask for or to ophaving been finally corrected, shall be filed pose any order, judgment, or decree in the and recorded by the clerk, and his fees probate court, may appeal from the or. therefor shall be taxed as a part of the der, judgment, or decree made by the costs.

court, adverse to him or his interest, to Rule 19. No papers shall be taken from the district court of a judicial district emthe files of this court, except by leave of bracing the county where such probate court, or one of the justices thereof; but court is held, in all cases involving the appellants may withdraw the transcript of probating or revoking the probate of a the record for the purpose of making an will, the administration of a decedent's abstract, upon giving a receipt therefor to estate, and in all cases of guardianship. the clerk, and upon such withdrawal may All appeals from provisional or interlocuretain the same for eight days, but no tory orders shall be taken within thirty more, unless upon the written order of one days from the entry of the same; and all of the justices of the supreme court. If appeals from the final decree or judgment the respondent shall desire to make an ab- declaring the validity or invalidity of a

will, or the final order on the administra- citing an undertaking or giving surety in tion of an estate by an executor, admin- the same manner and to the same extent istrator, or guardian, shall be taken with. as in case of appeal to the supreme court in one year after the entry thereof; and from a district court: provided, that, in on appeal from such final order the appel- case of appeal by an executor or adminislate court shall have jurisdiction to review trator who has given official bonds, no the entire proceeding from the beginning, additional undertaking need be given. [As and to' affirm, modily, or reverse any and adopted July 23, 1881.] all orders or decrees therein which shall Rule 26. The trial of such appeal from affect the substantial rights of the parties, the probate court shall be de uovo in the and shall thereupon make such order or district court; but, when the appellant in decree as to the court shall seem just, and his notice specifies only some specific part may remand the case to the probate court or parts of an order, decree, or judgment in case of reversal or modification of its appealed from, the trial in the district orders or decrees, or retain and exercise court shall be confined to the part or parts jurisdiction to complete the proceeding. | specified, and the balance of such order, (As adopted July 23, 1881.]

decree, or judgment shall stand unaffected Rule 25. Such appeal may be taken with | by such appeal. Appeals shall be allowed in sixty days after the order, decree, or from the orders, decrees, and judgments of judgment is made and entered, and shall the district, in such appeal cases, to the sube by filing with the clerk of such pro- preme court, in the same manner and upbatecourt a noticestating the appeal from on the same terms as provided by law in the order, decree, or judgment, or some other cases. [As adopted July 23, 1881.] specific part or parts thereof, and by exe- Adopted to.go into effect June 10, 1890.

CASES REPORTED.

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Page Abbott v. Seventy-Six Land & Water Co. Barkly v. Copeland (Cal.).......

3 (Cal.)... 693 Barkly v. Copeland (Cal.).

405 Abbott v. Seventy-Six Land & Water Co. Barnard, United States v.(Ariz.).

523 (Cal.)..... 694 Barnekoff, Flower v. (Or.)

370 Abbott v. Williams (Colo.). 450 Barnett v. Lark (Kan.)..

869 Abbott, Huling v. (Cal.).. 4 Barr v. Borthwick (Or.).

360 Abeytia, Armijo v. (N. M.)... 777 Barr, Cunningham v. (Kan.)..

583 Adair, Swasey v. (Cal.)... . 1119 Barry, Ex parte (Cal.)..

256 Aguirre, Cooke v. (Cal.).

5 Barsaloux, Denver, U. & P. Ry. Co. v. Abrenstedt, Cowie v. (Wash.). 458 (Colo.)

165 Ah Sing, Ex parte (Cal.).. 552 Barter's Estate, In re (Cal.)..

15 Ah You, In re (Cal.). 974 Barton, People v. (Cal.).

.1117 Alarid v. Romero (N. M.).. 788 Bate, McFarland v. (Kan.).

238 Albuquerque Nat. Bank v. Perea (N. M.).. 776 Baughman v. Hale (Kan.)...

856 Aldrich, Babb v. (Kan.).. 558 Baum, In re (Mont.)...

99 Alexander v. Jackson (Cal.). 415 Bean, Cole v. (Ariz.)....

537 Alhambra Addition Water Co. v. Mayberry Bean, Cole v. (Ariz.). .

538 (Cal.). ..1101 Beatty, State v. (Kan.).

899 Allatt, White v. (Cal.).... 420 Beaumont, Perri v. (Cal.)...

.1109 Allen, Ross v. (Kan.).

570 | Becker, Ex parte (Cal.).... Allison v. Berger (Okl.). 511 | Beckett v. Cuenin (Colo.)....

167 Allison, Collett v. (Okl.).. 516 Beekman v. Hamlin (Or.).....

672 Alsap, Graves v. (Ariz.). 836 Beers, Davidson v. (Kan.).

859 Alten, State v. (Kan.). 224 | Beeson v. Busenbark (Kan.).

48 Althoff, Buckley v. (Cal.)... 134 Bell, McDowell v. (Cal.)..

128 Amazon Ins. Co., Rankin v. (Cal.). 260 Belle, Swegle v. (Or.)...

633 American Fire Ins. Co. of Philadelphia, Bellegarde, Kittle v. (Cal.).

55 Randall v. (Mont.) 953 Bemmerly, People v. (Cal.),

266 Ames, Pope v. (Or.). . 393 Bennett, Brereton v. (Colo.).

310 Amick, Kansas Farmers' Mut. Fire Ins. Co. Bennington, State v. (Kan.).

91 v. (Kan.)... 211 Benson v. Shotwell (Cal.)....

249 Anderson v. Perkins (Mont.).. 92 Benson v. Shotwell (Cal.)...

681 Andressen v. Griffiths (Wash.).. 346 Berger, Allison v. (Okl.)..

511 Anglo-Nevada Assur. Corp., Quong Tue Bergundthal v. Bailey (Colo.)...

86 Sing v. (Cal.)...

58 Bermingham, City of Kansas City v. (Kan.) 569 Annis v. Wilson (Colo.).

304 Berson, Corson v. (Cal.). Anthony, Douglas v. (Kan.). 853 Bichard, Porter v. (Ariz.)..

530 Apple, Cawker v. (Colo.). . 181 Bidwell v. Babcock (Cal.)...

752 Arkansas Val. Agr. Soc. v. Eicholtz (Kan.) 613 Bishop v. McKinley (Cal.)..

435 Armijo v. Abeytia (N. M.)... 777 Bishop, Douglass v. (Kan.).

628 Armstrong, Stonesifer v. (Cal.). 50 Bissell, City of Girard v. (Kan.)..

232 Arthur v. Israel (Colo.). .

81 Bitman v. Mize (Kan.)... Astoria & S. C. R. Co. v. Hill (Or.).. 379 Black Diamond Coal Min. Co., Taylor v. Atchison Union Depot & R. Co., Challiss v. (Cal.)......

51 (Kan.)... 894 Blaisdell, Gammon v. (Kan.)..

580 Avery v. Clark (Cal.). 919 Blumenthall v. Goodall (Cal.)...

131 Axman v. Dueker (Kan.).

582 Blythe v. Denver & R. G. Ry. Co. (Colo.).. 702

Board Commissioners, Rollins v. (Colo.)... 319 Babb v. Aldrich (Kan.)

558 Board Commissioners Deer Lodge County, Babcock, Bidwell v. (Cal.). 752 Kornburg v. (Mont.),

1041 Baby's Estate, In re (Cal.).

405 Board Commissioners Yellowstone County, Bachelder v. Chaves (N. M.). 783 v. Northern Pac. R. Co. (Mont.). ...

1058 Bailey, Bergundthal v. (Colo.).

86 Board County Com'rs Bent County, Board Bailey, Miller v. (Or.)

27 County Com’rs Cheyenne County V. Baker, Ex parte (Cal.).. 966 (Colo.).

508 Baker v. Brickell (Cal.).

489 Board County Com’rs Bent County, Board Baker v. Brickell (Cal.).

.1067 County Com’rs Kiowa County v. (Colo.) 508 Baker, Davis v. (Cal.)..

.1108 Board County Com’rs Bent County, Board Baker, Wolverton v. (Cal.)..

54 County Com'rs Lincoln County v. (Colo.) 508 Ball v. Kehl (Cal.). .

679 Board County Com’rs Cheyenne County v. Bank of California v. Boyd (Cal.).

20 Board County Com’rs Bent County Bank of California, McLennan v. (Cal.). ... 760 (Colo.). ...

508 Banning, De Guyer v. (Cal.)..

252 Board County Com’rs Kiowa County v. Bard v. Kleeb (Wash.)..

467 Board County Com’rs Bent County (Colo.) 508 Barden v. Montana Club (Mont.) .1042 Board County Com'rs Larimer County v. Barkly v. Copeland (Cal.)... 1 Love (Colo.). ....

557 (ix)

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