Rule 1. Writs of error shall be directed to the clerk or keeper of the records of the court in which the judgment or decree complained of is entered, commanding him to certify a correct transcript of the record to this court. In any case where a transcript of the record, duly certified to be full and complete, has been filed, or may be hereafter filed, in the office of the clerk of this court, before the issuance of a writ of error, it shall not be necessary, except in a case where a supersedeas may be allowed, to deliver such writ to the clerk of the inferior court; but the same may be filed in the office of the clerk of this court, and such transcript so filed with the clerk of this court shall be taken and considered to be a due return to said writ of error. In capital cases, in which a writ of error shall issue and be made to operate as a supersedeas to stay the execution of the judgment of the trial court, as provided by statute, such writ of error, as also the scire facias to hear the errors assigned, shall be made returnable forthwith. When a writ of error shall issue in a case where a supersedeas has been allowed after the filing of the transcript of the record, and shall be served on the clerk of the inferior court, he shall return upon said writ that the same has been served upon him and that it appears by the endorsement thereon that á transcript of the record has been filed in the office of the clerk of the supreme court.

with process.

Rule 3. If a scire facias, or summons to hear errors, shall not be served, an alias or pluries may be issued without an order of court therefor.

Rule 4. No supersedeas will be granted unless the record upon which the application is made be complete and duly certified by the clerk of the court below, with assignments of error appended thereto, which assignments must be supported by a succinct printed or typewritten brief. No application for a supersedeas or other original writ will be considered by the court, or by any justice in vacation, unless the cause shall have been first docketed.

Upon the docketing of the cause, as aforesaid, the sum of ten dollars shall be paid to the clerk, and upon the allowance of the writ, or upon further prosecution of the cause, an additional sum of ten dollars shall be advanced to the clerk.

Rule 5. When a writ of error shall be made a supersedeas, the clerk shall endorse upon said writ the following words: "A transcript of the record in this cause having been filed in my office, with an order endorsed thereon that the writ of error herein be made a supersedeas according to law, this writ of error is therefore made a supersedeas, and shall operate accordingly,"— which endorsement shall be signed by the clerk of this court.

Rule 6. Whenever execution or other final process shall be issued upon a judgment at law or decree in equity, and the record of such judgment or decree shall be removed into this court by writ of error operating as a supersedeas, such writ of error may be

A defendant upon whom process has not been served may enter his appearance, and upon five days' notice to the plaintiff, may 66 P.

Rule 7. Whenever a bond is executed by an attorney in fact, the original power of attorney shall be filed with the bond in the office of the clerk of this court, unless it shall appear that the power of attorney contains other powers than the mere power to execute the bond in question; in which case the original power of attorney shall be presented to the clerk, and a true copy thereof filed, certified by the clerk to be a true copy of the original.

Rule 8. Clerks of inferior courts in making up an authenticated copy of the record in civil cases shall certify to this court so much of the record, arranged in chronological order, as the appellant or plaintiff in error may, by præcipe, indicate.

If the record, so certified, shall be insufficient, it shall be perfected at his cost; and if unnecessarily voluminous, the cost of the unnecessary parts shall be taxed against

him.

Rule 9. When a party to any cause pending in this court asks leave, without suggest ing a diminution of record, to file an additional or supplemental transcript of the record, he shall give at least twenty-four hours' notice thereof to the opposite party. At the time of giving such notice the additional or

and error is assigned as to one or more entire paragraphs or instructions, it shall be sufficient to designate the part of the charge referred to by giving the number prefixed to each paragraph or instruction so assigned for

error.

The same shall be signed by an attorney of the court.

Rule 12. If the appellant or plaintiff in error shall fail to assign error, the appeal or writ of error, may be dismissed.

No formal joinder in error shall be required, but if the appellee or defendant in error shall not in any manner appear within the time allowed for filing briefs in his behalf, the cause may be heard ex parte, or the judgment or decree of the court below may, in the discretion of the court, be reversed without a hearing.

Rule 13. Counsel will be confined to a discussion of the errors stated, but the court may, in its discretion, notice any other error appearing of record.

ABSTRACT OF RECORD.

in all cases shall, within twenty days after Rule 14. Appellants and plaintiffs in error clerk eight copies of a printed abstract of the return day, prepare and file with the the record, in which they shall set forth the title of the cause, with the date of the filing of all papers in the court below, and a brief statement of the contents of each pleading, and shall set forth fully the points of the pleadings and evidence, and the points relied

DISMISSAL OF APPEALS.

Rule 10. If a transcript of the record shall not be filed, as required by law in case of appeal, the appellee may present a transcript of the judgment, the order allowing the appeal, the bond and the approval thereof, and thereupon the appeal shall be dismissed with costs.

Whenever an appeal or writ of error shall be dismissed, this court may, in its discretion, affirm the judgment of the court below.

ASSIGNMENT OF ERRORS.

Rule 11. Appellants and plaintiffs in error shall assign errors in writing at the time of filing the transcript of the record, and each error shall be separately alleged and particularly specified.

decree. They shall also refer to the folio numbers in the transcript and bill of exceptions, on the margin of the abstract, in such therein referred to may be easily found in manner that orders, pleadings and evidence

the record.

If the abstract filed shall not present the parts of the record to which reference is made in the assignment of errors, the appeal or writ of error may be dismissed.

Rule 15. Counsel for the appellee or defendant in error may, if he is not satisfied with the abstract of the record filed in the case, within twenty days after the same is filed, file with the clerk eight copies of such further abstract as he shall deem necessary to a full understanding of the merits of the cause.

Rule 16. In case the appellant or plaintiff in error shall neglect to file an abstract and brief as required, the opposite party may file the same and prepare the cause for hearing ex parte, and have the costs taxed therefor, or the court may dismiss the appeal or writ

of error without notice.

The brief of counsel for appellant or plaintiff in error shall contain a statement of the errors relied upon, and the authorities to be used in the argument, and eight copies thereof shall be filed with the clerk within forty days after the day fixed by rule for the filing of his abstracts.

Two copies of such briefs may be withdrawn by counsel for appellee or defendant in error, and the other copies shall be for the use of the justices of the court.

If the brief of appellant or plaintiff in error shall be filed in compliance with this rule, the appellee or defendant in error shall file with the clerk eight copies of his brief within forty days after the expiration of the time mentioned for the filing of the brief of appellant or plaintiff in error.

Twenty days thereafter shall be allowed for the reply of appellant or plaintiff in error, eight copies of which shall be filed, as provided in case of other briefs.

All such briefs may be typewritten. Copies of the same shall be served upon the opposite party or his attorney.

WITHDRAWAL OF PAPERS.

Rule 24. No paper shall be taken from the files without leave of court, except the transcript of the record, which may be withdrawn by counsel, for eight days and no more, for the purpose of making abstracts.

Every paper taken from the files, by leave of court or otherwise, must be retained in the custody of the party withdrawing it, and it must not be in any manner mutilated, taken apart, cut, or marked.

REHEARING OF CAUSES.

briefs and other papers.

Rule 19. The application of the foregoing rules concerning the filing of abstracts, briefs and other papers shall not be suspended by any stipulation or motion filed in a cause, except by order of the court or one of the justices thereof.

Rule 20. In citing cases from published reports there shall be given the names of the parties, as they appear in the title of the cases, and the book and initial page, and also the page containing the particular point involved. The name of but one of each of the parties shall be printed, and in case of corporations the leading name of the company must be used. If cases are published in more than one series of reports, the citation to the official reports must in every case be given.

Rule 21. Counsel who have not complied with the rules relating to briefs will not be heard.

ORAL ARGUMENT.

Rule 22. Oral argument upon the final hearing of any cause may be had upon written motion therefor, filed with the clerk or by order of the court, sua sponte. Due notice of the time set for the argument will be given by the clerk.

MOTIONS.

Rule 23. All motions shall be in writing. After appearance, the opposite party shall be entitled to notice of motions, not of course.

The party filing any such motion shall have three days in which to file briefs in support thereof; the party opposing shall have five days after service of copy upon him

the cause.

Rule 26. The filing of a petition for a rehearing shall suspend proceedings under the decision until the petition is disposed of, unless the court in term time, or one of the justices in vacation, shall otherwise order.

Rule 27. Upon the determination of a petition for rehearing, or if within fifteen days after final judgment, no such petition shall

have been filed, the clerk shall issue remittitur to the court below, or, if in an original proceeding, issue a certified copy of the final judgment.

COSTS.

Rule 28. Upon printed abstracts being furnished, as required in the foregoing rules, it shall be the duty of the clerk, unless otherwise ordered, to tax a printer's fee at the rate of seventy-five cents per page of one copy of such abstract against the unsuccessful party not furnishing such abstract, as costs, to be recovered by the successful party furnishing the same.

Rule 29. Clerks of district courts and other

courts of record shall be entitled to receive the fees allowed by law for all copies of records before delivering the same, except in criminal causes where the defendants are unable to pay for transcripts of the record and the trial judge shall have ordered the same to be furnished without charge.

Rule 30. Except as provided in rules 4 and 48, upon the filing of any suit or proceeding, there shall be paid to the clerk by the party filing the same the sum of twenty dollars ($20.00), which shall be for and in full payment of all clerical costs of such party in