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COPYRIGHT, 1922.

BY
WEST PUBLISHING COMPANY

(208 Pac.)
295931

JUDGES

OF THE COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME

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1 Died May 16, 1922.

* Called to bench May 24, in place of Chief Justico 2 Appointed May 20, 1923

Theo. Brantly. · Disqualified May 24, 1922, by illness; died Sep- Appointed May 24, 1922. tember 16, 1922.

7 Took office May 24, 1922. • Appointed September 28, 1922.

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SUPREME COURT OF KANSAS

Revised July 9, 1921

No. 1. Sessions. The court will meet for, journal where the orders in such cases are the hearing of causes on the first Tuesday in entered. Firm names of attorneys shall not January and July and on the first Monday be used in signing briefs or papers filed in in other months, except when such dates fall this court. on a legal holiday; then on the day following. Forenoon sittings will commence at

ABSTRACTS AND BRIEFS. 9:30 and afternoon sittings at 2:00 o'clock. No. 5. Abstracts. In appealed cases the No sessions will be held in August or Sep appellant shall print an abstract of the rectember.

ord, which shall reproduce , such portions COMMENCEMENT OF PROCEEDINGS.

thereof as it is necessary to read in order to

arrive at a full understanding of the quesNo. 2. Procedure-Fees-Security. Notions presented for review, so that no examcause shall be docketed, except one brought ination of the record itself need be made for by the state, until the moving party shall

that purpose. If the appellee shall claim pay to the clerk five. dollars advance fees;

that such abstract is incomplete for the purnor shall any civil cause be docketed until

pose stated or is inaccurate, he shall furnish security for costs shall be given, approved by

a counter-abstract correcting any such omisthe clerk, conditioned for the payment of all sions or inaccuracies. A party need not incosts for which the party instituting the pro

clude in his abstract all the evidence in orceedings may be liable, or, in lieu thereof,

der to support a claim on his part that it a cash deposit, to be fixed by the clerk; pro

d by the clerk; pro- does not show or tend to show a certain fact, vided, that where the clerk of the trial court

but may present such questions by inserting shall transmit to the clerk of this court a

in his abstract a statement that no evidence certified copy of a notice of appeal, with the was introduced tending to show the fact, and accompanying papers, the cause shall be if the adverse party desire to controvert this docketed at once, but an order of dismissal

he shall abstract so much of the evidence as shall be entered by the clerk forthwith unless he relies upon to support his contention in the appellant shall make such deposit and

this regard. The abstracts shall state only give such security within thirty days there

the substance of those parts of the record the after. No practicing attorney shall be ac- bearing of which upon the case can be clearcepted as surety on any bond filed in this ly shown in this manner; such as are purely

, and each surety signing any bond shall formal or otherwise immaterial shall be omitalso write thereon his place of residence. Ited altogether; but quotations must be made

No. 3. Original CasesAffidavit. In all with verbal accuracy whenever the decision original actions or proceedings instituted in of any question in controversy may be affectthis court the plaintiff or applicant for the ed thereby. The appellant's abstract shall writ shall show fully, by affidavit, the rea include a specification of the errors complain. sons why the action or proceeding is brought ed of, separately set forth and numbered. in this court instead of one of the inferior The abstracts shall refer to the pages of the courts having concurrent jurisdiction. stenographer's transcript or witness' deposi

The pleadings and evidence shall be ab- | tion where the evidence abstracted can be stracted, and the rules regarding abstracts found in full. They shall be fully indexed, and briefs in appealed cases shall govern, exhibits being referred to in the index in so far as in their nature applicable, unless such manner as to indicate their nature. The otherwise ordered.

abstracts shall conclude with the statement : No. 4. Files-Indorsement-Preservation,

"The foregoing is a true and correct abstract

(or counter-abstract) of the record in the Before any paper may be filed in this court

The amounts neces. the party presenting the same shall fold it above-entitled case."

sarily paid for printing them shall be taxed and indorse thereon the number and title of the same, and a brief statement of the na- as costs, if claimed in due time under rule 18. ture thereof, and the clerk shall keep all No. 6. Briefs. The brief for appellant papers in a package on which shall be in shall be printed, and contain, with pertinent dorsed the title and number corresponding reference to the pages of the abstract: (1) with those on the appearance docket and 1 full statement of the essential facts of the 208 P.

(vii)

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case—this requirement not to be construed , ing thereof must be served on the opposing to necessitate the duplication of matter al- counsel, together with a copy of the motion. ready printed in the abstract; (2) the argu- Such motions, together with the proof of the ment and authorities in support of each point service of notice, must be filed with the clerk relied upon. The brief of the appellee shall three days before the time fixed for submisalso be printed, and contain, with pertinent sion. reference to the pages of the abstracts: (1) Continuances will not be granted upon the Any point made challenging the right of the mere stipulation of the parties, but only upon appellant to be heard; (2) a full statement motion therefor setting out reasons which the of any additional facts shown by the abstract court shall find to be sufficient. Where an and deemed essential; (3) citations of au- unnecessary delay on the part of the district thorities and discussion of alleged errors. court reporter to furnish a transcript preNo. 7. Printing--Type--Pages. Briefs and

vents or tends to prevent the hearing of a abstracts shall be printed from long primer

cause at the time set; either party may apply or small pica type, the size of the type page

directly to this court for an order requiring to be 25 by 4212 pica ems, on a leaf 6 by

the furnishing of such transcript within a 9 inches, corresponding with the Kansas Re

time to be therein fixed. ports. The clerk shall deliver one copy of HEARING OF CAUSES AND MOTIONS. each brief to the librarian, to be bound, indexed, and placed in the state library.

No. 11. Assignment-Advancement. Caus

es will be assigned for hearing as nearly as No. 8. Service-FilingCivil Cases. The

practicable in the order of their filing, exappellant's abstract shall be served upon op

cept as otherwise provided by law, but any posing counsel within four months, and that

cause, upon proper motion and for sufficient of the appellee within six months, from the

ne | reason, may be heard out of its regular ortime an appeal in a civil case is perfected, der

der. The motion to advance a cause must

The and twenty copies of each shall be filed with

contain a statement of the nature of the acthe clerk of this court, together with proof

tion and the reasons for advancement, and of service, within ten days after service is

will be determined without oral argument, made. In each civil case counsel for appellant shall serve his brief upon opposing coun

No. 12. Trial Dockets for Attorneys. Fifsel at least forty days before the time set

teen days before the 1st of each month the for argument, and ten days before such time clerk shall send to the attorneys of record a shall file twenty copies with the clerk: and printed copy of the trial docket for the seccounsel for appellee shall serve his brief ond month following, showing the day on upon opposing counsel ten days before the which each case will be heard. He shall time set for argument, and before such time notify them of all orders of the court in each shall file twenty copies thereof with the clerk. Proof of service of briefs must be No. 13. Copies of Opinions Furnished. filed with the clerk prior to the submission Upon the day a decision is rendered a copy of the cause. In case of failure to comply of the opinion will be mailed by the clerk to with this rule, the court may continue or one attorney upon each side of the case. dismiss the cause, or affirm or reverse the

No. 14. Submission on Briefs. Attorneys judgment.

wishing to submit their causes on briefs and No. 9. Service-State Cases. In all caus- abstracts may avoid the inconvenience of es in which the state is a party, or inter- personal attendance at court by filing a writested, counsel shall serve briefs and ab ten direction with the clerk so to submit. In stracts on the attorney-general. In all crimi- all such cases, their briefs and abstracts, nal causes, counsel for the appellant shall with proof of service, must be on file. On furnish a copy of his brief and abstract to the convening of court each day the assignopposing counsel at least thirty days before ments for that day will be called, and all the time set for argument, and file twenty cases in which no request is then made for copies thereof with the clerk before that oral arguments will be submitted upon the time; and counsel for appellee shall furnish briefs. a copy of his brief and abstract, if any, to

No. 15. Arguments-Time Allowed. Thiropposing counsel five days before the time

me ty minutes only, except with the consent of set for argument, and file twenty copies |

the court, shall be consumed in the oral arthereof with the clerk before that time.

gument of a cause by counsel for either par

ty. Oral argument on motions will be limitMOTIONS.

ed to fifteen minutes on each side. No. 10. In Writing_Notice. Orders for settling disagreements concerning abstracts,

POST DECISION MOTIONS. or for reviving, continuing, advancing or dis- No. 16. Motions for Rehearing, etc. Momissing causes, or retaxing costs, will be tions for a rehearing, or for a modification of made only upon written motions stating ful- the judgment, or for the reinstatement of a ly and specifically the grounds therefor, and case that has been dismissed, may be filed at least ten days' notice of the time of hear-1 within twenty days after the decision, a

cause.

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