RULE VIII. Exceptions or objections to the transcript, statement, the undertaking on appeal, notice of appeal, or to its service or proof of service, or any technical exception or objection to the record affecting the right of the appellant to be heard on the points of error assigned, which might be cured on suggestion of diminution of the record, must be taken at the first term after the transcript is filed, and must be noted in the written or the printed points of the respondent, and filed at least one day before the argument, or they will not be regarded. RULE IX. Upon the death or other disability of a party pending an appeal, his representative shall be substituted in the suit by suggestion in writing to the court on the part of such representative, or any party on the record. Upon the entry of such suggestion, an order of substitution shall be made and the cause shall proceed as in other cases. RULE X. 1. The calendar of each term shall consist only of those causes in which the transcript shall have been filed on or before the first day of the term, unless by written consent of the parties; provided, that all civil cases in which the appeal is perfected, and the statement settled, as provided in Rule II, and the transcript is not filed before the first day of the term, may be placed on the calendar, on motion of the respondent, upon the filing of the transcript. 2. When the transcript in a criminal cause is filed, after the calendar is made up, the cause may be placed thereon at any time, on motion of the defendant. 3. Causes shall be placed on the calendar in the order in which the transcripts are filed with the clerk. RULE XI. 1. At least six days before the argument, the appellant shall furnish to the respondent a printed copy of his points and authorities, and within two days thereafter the respond VOL. XVIII-3 ent shall furnish to the appellant a written or printed copy of his points and authorities. 2. On or before the calling of the cause for argument each party shall file with the clerk his printed points and authorities, together with a brief statement of such of the facts as are necessary to explain the points made. 3. The oral argument may, in the discretion of the court, be limited to the printed points and authorities filed, and a failure by either party to file points and authorities under the provisions of this rule, shall be deemed a waiver by such party of the right to orally argue the cause. 4. No more than two counsel on a side will be heard upon the oral argument, except by special permission of the court, but each defendant who has appeared separately in the court below, may be heard through his own counsel. 5. At the argument, the court may order printed briefs to be filed by counsel for the respective parties within such time as may then be fixed. 6. In criminal cases it is left optional with counsel either to file written or printed points and authorities or briefs. RULE XII. In all cases where a paper or document is required by these rules to be printed, it shall be printed upon similar paper, and in the same style and form (except the numbering of the folios in the margin) as is prescribed for the printing of transcripts. RULE XIII. Besides the original, there shall be filed ten copies of the transcript, briefs and points aud authorities, which copies shall be distributed by the clerk. RULE XIV. All opinions delivered by the court, after having been finally corrected, shall be recorded by the clerk. RULE XV. All motions for a rehearing shall be, upon petition in writing, and presented within ten days after the final judg ment is rendered, or order made by the court, and publication of its opinion and decision, and no argument will be heard thereon. No remittitur or mandate to the court below shall be issued until the expiration of the ten days herein provided, and decisions upon the petition, except on special order. RULE XVI. Where a judgment is reversed or modified, a certified copy of the opinion in the case shall be transmitted, with the remittitur, to the court below. RULE XVII. No paper shall be taken from the court room or clerk's office, except by order of the court, or of one of the justices. No order will be made for leave to withdraw a transcript for examination, except upon written consent to be filed with the clerk. RULE XVIII. No writ of error or certiorari shall be issued, except upon order of the court, upon petition, showing a proper cause for issuing the same. RULE XIX. Where a writ of error is issued, upon filing the same and a sufficient bond or undertaking with the clerk of the court below, and upon giving notice thereof to the opposite party or his attorney, and to the sheriff, it shall operate as a supersedeas. The bond or undertaking shall be substantially the same as required in cases on appeal. RULE XX. The writ of error shall be returnable within thirty days, unless otherwise specially directed. RULE XXI. The rules and practice of this court respecting appeals shall apply, so far as the same may be applicable, to proceedings upon a writ of error. RULE XXII. The writ shall not be allowed after the lapse of one year from the date of the judgment, order, or decree which is sought to be reviewed, except under special circumstances. RULE XXIII. Appeals from orders granting or denying a change of venue, or any other interlocutory order made before trial, will be heard at any regular or adjourned term, upon three days' notice being given by either appellant or respondent, when the parties live within twenty miles of Carson. When the party served resides more than twenty miles from Carson, an additional day's notice will be required for each fifty miles, or fraction of fifty miles, from Carson. RULE XXIV. In all cases where notice of a motion is necessary, unless for good cause shown the time is shortened by an order of one of the justices, the notice shall be five days. REPORTS OF CASES DETERMINED IN THE SUPREME COURT OF THE STATE OF NEVADA, APRIL TERM, 1883. [No. 1149.] VICTOR MILL AND MINING COMPANY, PETITIONER, v. THE JUSTICE COURT OF TOWNSHIP No. 18, ESMERALDA COUNTY, NEVADA, RESPONDENT. JUSTICE OF THE PEACE-SUMMONS BY PUBLICATION-NO PRESUMPTION IN FAVOR IDEM-SECTIONS OF CIVIL PRACTICE ACT APPLICABLE TO JUSTICES' COURTS-The 18 21 22 183 |