, 1854-07-08

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manner as they shall see fit: Provided,
that in all cases where the failure arises
from the neglect Of the plaintiff in error to
comply with the provisions of this act, the
writ Of error or appeal shall be dismissed
Either party may, upon suggestion Of u
diminution of the record, and upon prop
er case made, have an order that a further
record be sent up.
Sec. 347. If the notice shall have been
served ten days or more before the term Of
the court to which the record is returnable,
the case shall stand for trial at such term /;
and it may stand for trial if the parties an-
pear in court, bring in the record and waive
the notice
Sec. 348. The court of error may fix
the time for assigning errors and filing
joinders. If errors in law be assigned no
joinder shall be necessary. One or more
errors in fact may be assigned and the de-
fendant may put in the common joinder
as demurrer thereto ~ may traverse or
confess and avoid the facts assigned for er-
ror and q separate issue shall be made on
each.
Sec. 349. If at the time of filing The
precipe with the clerk, or at any time there
after the plaintiff in error shall file with the
clerk bond with SuretieS TO the satisfac-
ton of the clerk in double the amount Of
the Judgment if it is for money, and if the
Judgment is for the restraining or per-
forming any other act or the deter
minatiOn Of any other right then in
such a sum as judge of the supreme
court shall direct conditioned that, the
plaintiff pay all costs and damages, and
perform such judgment as the court on the
trial of the writ of error shall adjudge
against him, then no further execution shall
be had upon the original Judgment until the
determination of the writ of error, and any
execution previously issued shall be recalled.
Sec $50. The judgment or other mat
ter complained of may be affirmed or may
be reversed or set aside in whole or in part,
or may be modified or a different judgment
or order may be substituted for that COM
planned Of and the cause may be remitted
to the district court for such farther pro-
ceedings as the supreme court BY mandate
shall direct. Execution may issue from the
supreme court or its judgments may be ex-
ecuted by the district court an mandate
for that purpose.
Sec. 35l. In case the, judgment Of the
court below, shall have been for o sum of
money and shall be affirmed against the
plaintiff in error, damages may be awarded
to the defendant in error not exceeding ten
per cent on the amount exclusive of inter-
est and costs Of such judgment. And in
all cases interest and costs shall be allowed
on the original judgment.
Sec. 352. Any person who may be
party or privy to any judgment, order or de-
cison may prosecute a writ of error, to re-
verse the same and the reversal shall innure
to the benefit Of all parties and privies
therein, and no other party or privy shall
afterward prosecute writ Of error for the
same cause
Sec. 355 When it.shall appear that
any other person should be made party
to any proceeding upon a writ Of error the
court shall require such person to be made
party and shall direct in what manner
notice shall be given.
Sec 354. The reversal of Judgment,
order, or decision, shall not affect the title
Of property sold upon an execution issued
upon such judgment, order, or decision, if
such property be purchased at the sale by
stranger, but if purchased by the judg-
ment creditor, the plaintiff In error may
bring an action for the recovery thereof,
and the court may award restitution or
render such other judgment as justice shall
require.
Sec 355. When the supreme court shall
be equally divided in opinion, the cause
shall stand continued until all the judges
are present.
Sec 356 Whenever upon the trial Of
any civil action in the district court it shall
be found TO turn upon important questions
Of law, the court may direct special yer.
dict to be found, and in all cases the par
ties may make on agreed statement Of facts
signed by themselves or their attorneys,
which shall be entered of record, and all
questions Of law arising on special verdicts,
agreed statements, motions for new trial,
and others in any manner arising in the dis
trict court, may under the direction Of the
district court be .aken to the supreme court
by way Of appeal. And for that purpose
the court shall render a judgment in
form only which shall not be executed un-
til the final decision Of the cause, and the
supreme court on hearing the appeal may
give Judgment, or remand the cause, or
make any order, according to the law and
justice of the case.
Sec. 357. In all cases Of writs of error,
er appeals in the supreme court, the court
shall consider and adjudge upon all errors
and mistakes which shall appear in the en-
tire record by which plaintiff in error may
have been prejudiced, if the same were ex-
cepted to at the time, whether interlocutO-
ry or final, and whether the plaintiff in err