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KEY NUMBER SYSTEM

This is a Key-Numbered Volume

Each syllabus paragraph in this volume is marked with the topic and Key-Number section under which the point will eventually appear in the American Digest System.

The lawyer is thus led from that syllabus to the exact place in the Digests where we, as digest makers, have placed the other cases on the same point---This is the Key-Number Annotation.

THE

SOUTHEASTERN REPORTER

VOLUME 88

PERMANENT EDITION

COMPRISING ALL THE DECISIONS OF

THE SUPREME COURTS OF APPEALS OF VIRGINIA AND WEST
VIRGINIA, THE SUPREME COURTS OF NORTH CAROLINA

AND SOUTH CAROLINA, AND THE SUPREME

COURT AND COURT OF APPEALS

OF GEORGIA

WITH KEY-NUMBER ANNOTATIONS

CONTAINING A TABLE OF SOUTHEASTERN CASES IN WHICH REHEARINGS
HAVE BEEN DENIED

APRIL 1 - JUNE 24, 1916

ST. PAUL

WEST PUBLISHING CO.

1916

COPYRIGHT, 1916

BY

WEST PUBLISHING COMPANY

(88 S.E.)

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AMENDMENTS TO RULES

RULES OF PRACTICE IN THE SUPREME COURT OF NORTH

1

CAROLINA 1

Adopted December 1, 1915

PRINTING RECORDS.

28. What to be printed.

Twenty-five copies of the transcript sent up in each action shall be printed, except in pauper appeals: Provided, it shall not be necessary to print the summons, publication of summons, and other papers showing service of process, if a statement signed by counsel is printed giving the names of all the parties and stating that summons has been duly served. Nor will it be necessary to print formal parts of the record showing the organization of the court, the constitution of the jury, etc.

authorities relied on, and shall also furnish at least five typewritten copies of the transcript of appeal in addition to the original transcript. Should the appellant gain the appeal, the cost of preparing the copies of typewritten brief and transcript shall be taxed against appellee.

The printed transcript shall be in the order required by rule 19 (1), and shall contain the grouped and numbered exceptions and index required by rule 19 (2) and (3), though, for economy the marginal references in the manuscript, required by rule 11 of the superior court, may be printed as subheads in the body of the record, and not on the margin.

In pauper appeals the counsel for the appellant shall furnish a sufficient number of typewritten or printed briefs for the use of the court, giving a succinct statement of the facts applicable to the exceptions, and the up printed.

The transcript shall be printed immediately after docketing the same, unless it is sent

For other rules, see 81 S. E. vii.

SUPREME COURT OF APPEALS OF VIRGINIA 1

XVII. REHEARINGS.

No application for a rehearing will be entertained unless made within ten days after the decision is announced (except as otherwise authorized by law), and no rehearing will be allowed unless one of the judges who

section 3492, to rehear and review any case decided by this court within the last fifteen days of the preceding term shall be made within the first fifteen days of the next succeeding term, and not thereafter. And no application for a rehearing will be entertain

concurred in the decision shall be dissatis- ed by the court, in any case, unless the reafied with it and desires a rehearing. And sons therefor, printed, shall be filed at the an application under the Code, chapter 170, 'time such application is made.

1 This new rule made to conform to the statute. For other rules, see 71 S. E. viii. 88 S.E. (vi)

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