Southern telegraph., 1838-10-10
JOHN B. PEYTON, Chm.
A. L. DABNEY, Sec'ry.
RULES OF THE HIGH COURTS OF
ERRORS AND APPEALS.
RULE l..

RULE /.
Whenever a cause is brought into this
court from any circuit or probate court, the
plaintifTin error, or appellant, shall assign
errors within the two first days of the term
to which the same is returnable and on fail
ure to do so, non pros may be entered /;
and the defendant in error, or appellee, shall
plead thereto within the two succeeding days
unless il be necessary for the defendant to
enter motion before issue made up.
RULE II.
If the defendant in error, or appellee, JON
in error, it shall DC considered waiver Of
want of proper service and return of citation
and writ Of error.
EULE III.
If the plaintiff in error fail to file copy
of the record within the time prescribed by
law, the cause may be dismissed, on pro-
ducing to the court copy of the citation
served. And if any appellant fail to file a
copy of the record, within the time required
by law, the appellee may have the same
dismissed, on presenting and filing copy
of the record, or a certificate from the clerk
of the conrt in which the appeal was taken,
under the seal of said court, showing that the
appeal was taken.
RULE ".
No record or other paper shall be consid
cred as filed until SO marked by the clerk,
,rrts of error and citations excepted, and
the clerk shall endorse the date Of filing.
RULEv.
Before any cause can be heard, the coun-
sci shall furnish the court with an abstract
of the record, printed or written in a plain
legible hand; and the counsel on each side
shall also furnish brief, printed Or written
as aforesaid, containing the points and au-
thorities relied on; and no counsel shall be
heard unless the foregoing requisites be COM
piled with. And in no case will the court
receive brief after the case has been ar
gued.
RULE VI.
fla record be imperfect and either party
wish to have it corrected, diminu;ion may be
suggested, and Certriordri awarded; Pro
rided, it be done in the first week of the
term; but, in no means shall dimlnution be
suggested after assignment of errors, and
nallo est erratum pleaded unless the court
may order it for information.
RULE VII.
In all appeals from the superior court of
chancery, counsel must prepare abstracts
and briefs, as in other cases, subject to the
same restrictions.
RULE VIII.
The first, and fourth, and last Saturdays
r L h. ~ fho
ination of applicants for license, and no 9th
err days appropriated for that purpose.
RULE TX.
Every Saturday shall be motion day; and
if counsel be not present, at the calling of the
motion docket, their motion shall be dismiss
ed, and no motion, once dismissed, shall be
again heard.
Only two counsel can be allowed to argue
a ease on the same side, unless by special
leave Of the court.
Nore-argHment will be granted, unless the
party desiring the same, shall petition the
court for that purpose, which petition must
be signed by at least three members of the
bar; and it shall be discretionary with the
court whether such re-argument shall be al
lowed or not; and all applications for rear
gument shall be made within four days after
the decision, and not afterwards.
RULE XII.
On showing, predicated on affidavit, a.
ny counsel may be required to produce his
authority, or shew satisfactory evidence
thereof, for prosecuting or defending any
cause in this court; and On failing to produce