AMENDMENTS TO RULES. SUPREME COURT OF WYOMING.1 AMENDED OR ADOPTED SINCE THE PUBLICATION OF VOL. 26, PACIFIC REPORTER. Rule 10. (Amended March 26, 1895.) The plaintiff in error shall, at the time of filing the record or transcript in this court, if the case be a civil cause, and at the time of obtaining a writ of error if the case be a crim- | inal cause, deposit with the clerk of this court the sum of ten dollars to apply on costs; and the fees charged for the services of the clerk in this court for criminal causes shall be the same as those prescribed by law in civil causes, where there is no statute to the contrary; provided, however, that a poor convict in a criminal cause may be excused from the payment of any costs in proceedings in error or upon a writ of error to this court, upon a showing satisfactory to the court or to the justice thereof allowing the writ of error that he is unable to pay the same on account of his poverty, where the statute does not provide for the payment of such costs. Rule 15. (Amended March 19, 1895.) Within sixty days after filing his petition in error, the plaintiff in error shall file with the clerk four copies of his brief, and shall also within that period serve upon or mail to the opposite party, or his attorney of record, one other copy of such brief; and within fortyfive days after the expiration of said sixty days the defendant in error shall file with the clerk four copies of his brief, and shall also within that period serve upon or mail to the opposite party, or his attorney of record, one other copy of such brief. Rule 17. (Amended March 19, 1895.) In all criminal causes briefs shall be filed and served by the plaintiff in error within thirty days after the return of the writ of error, and by the defendant in error within sixty days after the return of such writ. Ap Rule 23. (Amended March 19, 1895.) plication for rehearing of any cause shall be by petition to the court signed by counsel, briefly stating the points wherein it is alleged that the court has erred. Such petition shall be filed within thirty days after the decision is rendered and shall be accompanied by a brief of the points and authorities relied upon in support thereof; but there shall be no oral arguments on motions for rehearing unless such argument is requested by the court. by any district court or the judge thereof, the usual docket fee required by law to be advanced in other cases shall be paid upon the filing of the papers in this court. Such docket fee shall be advanced by the party or parties designated by the district court or judge, but in the absence of any such designation, then by the plaintiff in such action. If the clerk of the district court sends up the papers he shall first collect from the proper party or parties the docket fee and return the same with such papers to the clerk of this court. Costs in such reserved case accruing in this court shall be taxed and abide the suit as in other cases. Rule 35. (Adopted March 20, 1895.) Writs of prohibition shall be applied for upon petition, duly verified in manner required for the verification of petitions in other cases; such petition shall state, in concise form, the grounds upon which the application is made, and shall be presented to the court, or a justice thereof, in vacation or recess. If the cause shown appears to the court, or justice, to be sufficient, a writ shall thereupon issue, which shall command the court, or judge thereof, and the party in whose favor the proceedings to be restrained were taken or are about to be taken, to desist and refrain from any further proceedings in the action or matter specified therein, until the next regular term of the supreme court, or the further order of the court thereon, and to show cause at the next term of said court, or on some day to be fixed in the writ, at the same term or special term, at the option of the court or justice, if issued in such term, vacation or recess, why they should not be absolutely restrained from any further proceedings in such action or matter. Rule 36. (Adopted March 20, 1895.) The court or justice shall in said writ designate the answer day, and direct the manner of service thereof; provided, however, the day fixed for the answer of the court or judge thereof, and party to whom it is directed, shall be not less than twenty days after service shall be made; and, provided further, such service shall be by copy of the writ. Rule 37. (Adopted March 20, 1895.) To the writ issued in accordance with rule 35 an answer shall be made by the court or judge In thereof; provided, however, in lieu of such answer the court or judge thereof may by Rule 34. (Adopted March 20, 1895.) each case reserved to this court for decision deinurrer or motion question the sufficiency of the petition filed, subject to the rules of pleading governing other proceedings under the Civil Code. Rule 38. (Adopted March 20, 1895.) If the party in whose favor the proceedings were taken, or are about to be taken, shall by an instrument in writing, to be signed by him or his attorney, and annexed to such answer or other pleading, adopt the same answer or pleading and rely upon the matters therein contained as sufficient cause why such court or judge thereof should not be restrained as mentioned in said writ, such party shall thenceforth be deemed a defendant in such proceeding; and the person prosecuting such writ may take issue by reply or demur to the matters so relied upon by such defendant, or set up in the answer of the court or judge thereof. | Rule 39. (Adopted March 20, 1895.) Upon the filing of the answer of the court or judge thereof, the supreme court shall set a day for the hearing of the application for a writ of absolute prohibition, and also fix a day for pleading to such answer, if such pleading is not already filed. Upon such hearing all parties may introduce such evidence, by affidavits, original files of the trial court or otherwise, as they may desire or as may be required by the supreme court. Rule 40. (Adopted March 20, 1895.) The court, after hearing the proofs and allegations of the parties, shall render judgment, either that a writ of prohibition absolute restraining the court or judge and party from proceeding in such action or matter, do issue or that such writ be denied, and may make and enforce such order in relation to costs and charges as may be deemed just. Ambrose v. Barrett (Cal.). Anderson v. Inland Telephone & Telegraph Anderson v. Johnston (Cal.) Anderson v. Northern Pac. R. Co. (Wash.) 345 805 Beard v. Nichols & Shepard Co. (Kan. App.) 275 96 94 884 Behnke, Hibernia Savings & Loan Soc. v. (Cal.) 812 546 657 Bell v. Town of Prineville (Or.). 1133 82 v. 149 264 105 497 Andrews, Denver & R. G. R. Co. v. (Colo. App.) Berger v. Rife (Kan. App.). 152 918 922 53 86 874 518 Beutel v. Standau (Kan. App.). 836 Apache County v. Barth (Ariz.). 187 Bigler, Emerson v. (Mont.). 621 Apprate v. Faure (Cal.). 917 Billings v. Parsons (Utah).. 730 |