.... And now, on this....day of....A. D. 187. ., it being the day of the said term thereof, this cause coming on for hearing on the plaintiff's demurrer to the defendant's answer (copy the entry of the proceedings of the court, sustaining or overruling the demurrer). And afterward on the....day of the said........, it being the ....day of the said term, the said plaintiff filed his replication in the words and figures following, to-wit: (Here set out replication in full.) And afterward on the same day the said defendant filed motion and affidavit for a continuance, as follows, to-wit: (Here set out copy of motion and affidavit.) And the same being now heard and considered by the court, the said motion is sustained, and it is ordered that this cause be continued until the next term of the court (at the cost of the defendant.) A. B. In the District (or Circuit) Court, } . Term A. D., 187.. County. And now, on this....day of..., it being the....day of said term, this cause coming on for trial, came a jury, to-wit: ..... twelve good and lawful men, who were sworn well and truly to try the issue between the said parties, and a true verdict to render, according to the law and evidence given them in court. The jury retired to consider on their verdict, and afterward, on the same day, the jury returned into court and rendered their verdict, as follows: (Here insert in full the verdict as rendered.) (Or if the jury does not return until the next day)— A. B. agt. C. D. And now, on this ........ day of........... A. D., 187.., the jury in the foregoing cause returned into court and rendered their verdict, as follows: (Here insert in full the verdict as rendered.) A. B. agt. C. D. A. D. 187.., And afterward, on the........ day of..... being the........day of said term, the plaintiff (or defendant) filed his bill of exceptions in the words and figures following, to-wit: (Here insert in full the bill of exceptions.) And now, on this...... day of....... A. D. 187.., this cause coming up for a hearing on the motion of the plaintiff for a new trial, it is considered by the court that the same be overruled (or, as the case may be.) (Then add the final entries of record, comprising final judgment, etc., and certificate of clerk.) NOTE. The foregoing form is only an example, and is to be varied according to the circumstances. The actual facts of the case will dictate what is to be done, but in all cases it is to be done substantially in like manner with the above, giving the proper order and date of the filing of papers and incorporating them at the proper dates into the proceedings of the court. It will be understood that it is not necessary in all instances to send up the whole of the record, but the clerk may be guided by the directions of the appellant under section 3512 of the Code. for modifica SEC. 101. When, by reason of peculiar circumstances, the Application foregoing rules relating to the abstract, preparation, and argument tion of rules. of causes, ought to be waived or modified in any case, the party desiring such waiver or modification may, upon reasonable notice to the adverse party, apply to any judge of this court in vacation, or to the court in term time, for an order directing the waiver or modification desired. The application shall be in writing, shall set out the peculiar facts relied upon by the applicant, and shall be verified by the party, or a person having knowledge of the facts, and certified by counsel as being true and made in good faith. The order upon such application shall be in writing, and shall be filed with the clerk of this court. In no case will these rules be waived or modified upon agreement of counsel alone. arguments: SEC. 102. The clerk shall make the following distribution of Printed all printed abstracts, briefs, and arguments received under the abstracts and foregoing rules: one copy to each judge of the court, one copy to how distrib the State Library, two copies to the Law Department of the State University, and one shall be filed in his office. IX. OF THE ADMISSION OF ATTORNEYS. uted. attorneys of SEC. 103. The Supreme Court may, on motion, admit any Practicing practicing attorney of the District or Circuit Court to practice in lower courts. the Supreme Court upon his taking the usual oath of office. Persons who have never been admitted to practice law in the courts of this or any other State, may be admitted by the Supreme Court to practice in all the courts of this State. examination. On the application of any such person to be admitted, the court Admission on will appoint three or more members of the bar of the Supreme Court to examine such applicant, touching his qualifications. If, from an inspection of the report of said committee, the court shall be satisfied that the applicant possesses the requisite learning and is of good moral character, it will order that he be licensed to practice in all the courts of the State upon taking the oath of office. SEC. 104. The form of the oath aforesaid shall be in substance as follows: "You do solmenly swear that you will support the constitution of the United States, and of this State, and that you will faithfully discharge the duty of attorney and counselor of this court, according to the best of your ability." [Code, § 208.] Oath. Leave to with draw original papers. causes. X. OF MISCELLANEOUS MATTERS. SEC. 105. When the original papers in a cause in which final judgment is not rendered in this court are brought into this count upon appeal or writ of error, either party desiring to withdraw the same can have leave to do so on filing a receipt for them with the clerk, and causing a copy to be made of those papers which constitute the record under section 21 hereof, and paying the clerk's fee therefor, which costs shall be taxed to the party failing in this court; and such copy shall be filed by the clerk and kept as a record in the cause. In cases where the costs of such withdrawal have not been charged in the first bill of costs, the clerk is authorized to charge them as costs of increase, and to issue execution therefor. SEC. 106. The clerk shall docket the causes as the same are Docketing and filed in his office, and shall arrange and set a proper number for assignment of trial for each day of the term, placing together those from the same judicial district, and shall cause notice of the manner he has set such causes to be published and distributed in such manner as the court may direct. No cause shall be docketed unless the abstract required by the rules of this court is filed fifteen days before the first day of the term at which the cause is set down for trial. Printed docket. Clerk to SEC. 107. The clerk, immediately after the time expires during which causes may be docketed for trial at a term of court, shail make out and cause to be printed, without delay, the docket for the term, which shall give all causes, whether continuances or appearances, for trial at such term, which shall designate the number, the party appealing, the court and county from which the appeal is brought, the counsel of the parties, the day each cau e is assigned for trial, and such other matter for the information of the court and attorneys as may be conveniently given. He shall forward to each justice of the court, to each attorney having causes at the term, and to the clerk of the District and Circuit Courts of each county a copy of said docket. SEC. 108. The clerk shall, with as little delay as possible, send to each justice of the court a copy of the abstracts, briefs and forward papers arguments, and other printed matter filed in each case docketed or set down for trial upon the docket of the term. filed. ANALYSIS. VOLUME I. PART FIRST. PUBLIC LAW. CHAPTER 2. The General Assembly CHAPTER 3. The Statutes .. CHAPTER 4. The Code and its Operation TITLE I. OF THE SOVEREIGNTY AND JURISDICTION OF THE STATE; ASSEMBLY, AND THE STATUTES. CHAPTER 1. The Sovereignty and Jurisdiction of the State.. THE GENERAL Sections 1-4 5-27 28-45 46-54 CHAPTER 5. The State Land Office and Register thereof. 83-93 CHAPTER 9. Duties assigned to two or more officers jointly, and CHAPTER 5. CHAPTER 6. The District and Circuit Courts and Judges thereof.. 161-186 187-192 OF COUNTY, TOWNSHIP, TOWN, AND CITY GOVERNMENT. CHAPTER 1. The Election of Officers and their Terms.. 573-593 CHAPTER 2. The Registration of Voters..... 594-602 CHAPTER 3. The General Election.... 603-658 CHAPTER 4. Of Electors of President and Vice-President.. ... 659-669 CHAPTER 5. Of Qualification for Office... 670-691 CHAPTER 6. Of Contesting Elections.... 692-745 CHAPTER 7. Of Removal and Suspension from Office. 746-765 766-771 CHAPTER 9. Of Additional Security and Discharge of Sureties.. 772-780 CHAPTER 10. Of Vacancies and Special Elections... 781-795 |
