« ПредишнаНапред »
rors within ten days after the record is brought up, otherwise the appeal will be dismissed.
5. The meeting of this court in the month of November next, shall be on the first Monday, and so on the fourth Monday of November, in every year thereafter.
6. It is hereby ordered that, any party, appellee, having been duly cited to be and appear in this court, shall be allowed five clear days from the day of filing of the appeal, to answer thereto; and, if the said appellee shall not answer thereto, within that period, the cause may be set for trial by the appellant ; and this court will proceed to hear the said cause ex parte, at the time appointed for the trial thereof.*
7. Ordered that, whenever a cause is to be argued in writing, the plantiff's attorney shall deliver to the defendant's a copy of his argument, who shall be bound to return it in ten days, with his answer; and the plaintiff, ten days after receiving the same, shall deliver the whole, with his reply, to the clerk of the court, or one of the judges. And, if in such reply he shall quote new authorities, he shall be bound to furnish the defendant's attorney with a note of such authorities, and of the point to which he thinks they apply. And that there may be no altercation relative to the time of delivering the copies of such arguments: it is ordered that, no evidence thereof shall be received, but the acknowledgment of the delivery, under the hand of the party to whom the argument was given ; or, if refused, by affidavit of that fact.
Vide i. Martin's Digest p. 442, n. 6.
And, it is further ordered that, if any parts hall delay to deliver his argument within the time above limited, the other may, deliver his notes to the court, who will then proceed to examine and decide the cause : Provided that, in all cases, the court may, under special circumstances, enlarge the time for delivery and return of arguments, if such enlargement be applied for before the expiration of the time herein limited.
8. No case will be set down for hearing, unless the party moving to have it set down, shall on, or before, the preceding Saturday, have filed with the clerk, a note of the points and authorities on which he intends to rely. It shall also be the duty of the opposite party to furnish to the clerk within three days after the cause is thus fixed for trial, a statement of the points made by him, and the authorities by which he intend to support them, and no rehearing shall be granted on any points which the parties may have omitted to furnish in compliance with this rule.
When a petition for rehearing is presented, the court, if it doubt whether it ought to be granted, will communicate the petition to the opposite party, who shall be bound to answer within eight days, or the court will proceed to decide on it ex parte.
9. Ordered that, the rule of this court relative to the filing of notes of the points and authorities in each case set down for hearing, shall, from, and after the seventh day of October, be amended, by substituting in place of these words, “and no rehearing shall be granted on any points which the parties may have omitted to furnish in compliance with this rule;" to
wit. And if any point, not stated in the note of any party, shall be made by him at the trial, the opposite party shall be allowed, if he desire it, four days to answer such point in writing.
10 The clerk is not to permit any attorney to take any part of the records of this court, even with the consent of the opposite party.
11 Ordered, that the appeals from the third, fourth, and eighth districts be placed on a separate docket, to be kept by the clerk for that purpose—that said docket be taken up, and the cases called in the order in which they stand thereon, on the first Mondays of January, and the first Mondays of March in each year, and be heard on those and each succeeding day thereafter, except Sundays, until the whole are disposed of.
SUPREME COURT OF THE STATE OF
HONORABLE GEORGE MATHEWS,
JUDGE PORTER was absent by leave of the legislature during the June term.
Oakey ds. Mayor et al.
Croft rs. M'Neely et al.