Rules of Practice.

be entered against him, of which he shall take notice, to show cause why the writ shall not be dismissed.

XXII.

ABSTRACTS.

In all cases the party bringing a cause into this Court shall furnish a complete abstract or abridgment of the record therein, referring to the appropriate pages of the record by numerals on the margin, and shall cause such abstract to be printed, in a neat and workmanlike manner, with small pica type and leaded lines, on one side only, upon white foolscap paper, leaving a margin at least two inches in width on the left hand side of each sheet. Five copies of such printed abstract shall be filed in each case, one for each of the judges, one for the defendant in error or appellee, and one to be filed with the record.

XXIII.

The defendant's counsel shall be permitted, if he is not satisfied with the abstract or abridgment furnished by the plaintiff's counsel, to furnish each of the justices of this Court with such further abstracts as he shall deem necessary to a full understanding of the merits of the cause.

XXIV.
BRIEFS.

Printed briefs will be required in all cases, whether argued orally, in full or in part only, or when submitted on briefs without oral argument. The briefs required should contain a short, clear statement of the points, and the authorities in support thereof; and in citing cases from published reports, counsel will be required not only to give the book and page, but also the names of the parties as they appear in the title of the reported case; and the names of counsel filing brief or abstract must appear to the same. But the filing of a printed brief shall not preclude the party from filing full printed or written arguments in support of his brief of points and authorities, provided he does so within the time his printed brief is required to be filed.

XXV.

Five copies of the briefs must be filed in each case, one for each

Rules of Practice.

of the judges, one for the opposite party, and one to be filed with the record.

XXVI.

CALL OF DOCKET-EXPIRATION OF RULES.

The docket shall be called numerically, and the causes shall be argued, continued, or otherwise disposed of, as they are called, unless, for good cause shown, they be placed at the foot of the docket; all unexpired rules will terminate upon the call of the cause for hearing: Provided, That if the Court shall give time to either party without the consent of the other, the cause shall not lose its precedence on the docket.

XXVII.

Hereafter the call of the docket will commence on the third day of the term, and fifteen cases per day will be subject to call. The abstract and brief of plaintiff in error or appellant must be filed in the clerk's office one day before the day when a cause stands subject to call, and in the event that either the abstract or brief is not filed within the prescribed time, the judgment or decree of the court below will, on the call of the docket, be affirmed. The defendant in error or appellee can file a brief within ten days after the time fixed for filing the brief of plaintiff in error or appellant, and the latter can have five days from the date of filing brief of appellee or defendant in error, for a reply, at the expiration of which time the cause will stand for decision.

XXVIII.

EFFECT OF FAILURE TO FILE BRIEFS IN TIME.

If the defendant in error or appellee fails to file his brief within the prescribed ten days, the judgment or decree will be reversed pro forma, unless the Court, on examination of the record, shall deem it proper to decide the case upon its merits.

XXIX.

When any cause wherein the appellant or plaintiff in error shall have complied with the rule in regard to filing printed abstracts and briefs, shall be called on the regular call of the docket, if either party shall desire to argue the case orally, then such cause shall be set

Rules of Practice.

down for oral argument on the day succeeding the time fixed by rule for brief of appellee or defendant in error to be filed, unless appellee or defendant in error shall waive his right to argue the case orally, in which event the appellant or plaintiff in error may submit an oral argument on call: Provided, No oral argument will be heard from the appellee or defendant in error unless he shall have complied with the rule in regard to filing his brief: Provided, also, oral arguments may be heard on call, if both parties shall so agree, and if both parties shall have filed the abstract and briefs required.

XXX.

The time allowed for each oral argument shall be restricted to one hour, unless otherwise specially permitted.

XXXI.

Oral argument will not be heard upon any motion, nor upon the rehearing of a cause, unless specially directed by the Court.

XXXII.

DAMAGES ON DISMISSING APPEALS.

When appeals from decrees judgments or orders for the recovery of money, are dismissed by this Court for want of prosecution, or for failing to file authenticated copies of records as required by law, the Court will award damages against the appellant, at ten per cent. upon the amount recovered in the Court below, if it be less than one hundred dollars, and at five per cent. upon the amount of such recovery, if it equals or exceeds that sum.

XXXIII.

REHEARING-SUPERSEDEAS-STAY OF PROCEEDINGS. Applications for rehearing will be entertained in that class of cases only in which this Court has final jurisdiction. The manner of applying for a rehearing shall be as follows: within fifteen days. after a decision shall have been entered of record, the party desiring a rehearing shall give notice in writing to the opposite party, or to his attorney, of his intention to make such application, and within thirty days after the entry of such decision, shall place on file in the clerk's office five printed copies of the petition and deliver one through the mails, or otherwise, to the opposite party or

Rules of Practice.

attorney, if the address of such party or his attorney can, upon reasonable inquiry, be ascertained.

XXXIV.

Application for a rehearing of and cause shall be made by petition to the Court, signed by counsel, briefly stating the grounds for a rehearing, and the authorities relied on in support thereof. When a rehearing is granted, notice shall be given to the opposite party of the time when such rehearing will be had.

XXXV.

Any two of the justices of the Court may, in vacation, issue an order which shall operate as a supersedeas in any case which has been submitted to this Court for hearing and judgment whenever a re-argument of the same shall, in their opinion, be advisable.

XXXVI.

When a decision shall have been entered of record in vacation, and a petition for a rehearing shall be presented to either of the justices of this Court, if he shall certify that there is probable grounds for granting a rehearing, all further proceedings authorized by the judgment of this Court shall be stayed until the next term of the Court.

XXXVII.

The Clerk of this Court shall at each term docket all petitions for rehearing separate and apart from the trial docket.

XXXVIII.

PRINTER'S FEE.

Upon printed abstracts being furnished in conformity to the rules of this Court, it shall be the duty of the Clerk to tax a printer's fee, at the rate of twenty cents for each one hundred words of one copy of such abstract, against the unsuccessful party as costs, to be recovered by the unsuccessful party furnishing the same.

XXXIX.

PLEAS-TIME FOR FILING.

When a defendant in error or appellee desires to plead instead

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of joining in error, he shall file his plea or pleas in the office of the clerk within one day after the time at which the transcript of the record of the court below is required to be filed, unless for cause shown, the time for filing such plea or pleas be extended.

XL.

In all cases where an application is made in vacation for an appeal from this Court to the Supreme Court, the party making such application shall present to one of the judges of this Court a brief statement in writing, giving the title of the cause, the nature and amount of the judgment, order or decree from which the appeal is desired, the date of the rendition of such judgment, order or decree, and the names of the sureties proposed, accompanied with affidavit showing the solvency and sufficiency of the security so proposed.

XLI.

All parties praying an appeal, or prosecuting a writ of error to the Supreme Court, shall present to the Court or judge allowing such appeal, or in case of a writ of error, to one of the judges, a brief statement in writing, stating the points or questions he desires to present to the Supreme Court for review, together with a statement of the parts of the record he desires sent up.

XLII.

EXAMINATION OF LAW STUDENTS.

Examination of applicants for license to practice law shall be had in open Court on the second day of each term.