Evansville daily journal. (Evansville, Ind.) 1863-1866, 1865-01-13

defendant tpFocesS not having oeet
served ten da =, nor taken out sixty
days before the |, ,~rm), the suit shall be
dismissed
Rule 9. II a cause be- docketed on OF
before the first day Of the @Fm, and II,
in appeals in vacation, the pts0csss has
been served ten days before the term,
the parties must be ready when zoe
cause is called
Rule 10 The marty bringing the
cause into this count shall file, with the
transcript or, where the transcript is
ilsd for 8 supersedeas, within ten days,
and on or before the first day of the
term az which the cause stands for trial,
two copies of q complete abstract, print
ed, or plainly written, Of so much of the
transcript as is necessary to present the
errors assigned and relied upon, refer
ring, in sHch abstract, to the appropri-
ate pages, and lines Of the psvessof the
transcript, by numerals; ons o. which
copies of the abstract may be withdrawn
by the counsel of the appellee, on appli-
cation to the clerk, and receipting there
for. A failure to comply with this rule
shall be deemed waiver of the errors
ass gned.
Rule III. In case the appellant fails to
comply with the foregoing rule, 10 any
cause where the appellee shall assign
cross errors, the counsel for the appel
lee shall file, with such assignment Of
cross errors, abstracts as required by the
above rule, and failure to do so shall
| be deemed a waiver of the cross errors
assigned
Rule ~. The counsel for the opposite
party, If be be not satisfied with the ab-
stfacts filed. may ile such further ab-
siracts, in discharge of the rule, as he
may deem required, upon she submission
Of the cause
Role Is. All causes pending IN the su-
preme court, If submitted within one
year from the date 81 which they are
filed, may be submitted upoH plainly
written, or printed, briefs If not sub
m'tted within one year froE the date Of
fling, except where interlocutory orders
may excuse the delay, they viii be dis
missed upon the call Of the docket, un-
less submitted on printed briefs la all
cases, the clerk shall note the fling Of q
brief, the party By whom it is filed, and
place It in the record
Rule H. No counsel will be permitted
to speak, in the argument Of any case,
more than one hour, without the special
leave Of the court.
Rule Is Counsel viii not be heard
orally, unless plainly written or printed
brief be first filed, of the points in
tended TO be made, and the authorities
intended to be cited in support of them
arranged under the respective poiDts,
and no other book OF case shall be re-
ferred to in the argument If one Of
the parties omit to file such statement,
be cannot be heard, except on the points
made aud authorities by the opposite
party. Two printed nr plainly written
copies Of the points and authorities re-
qaired by this rule, shall be filed with
the clerk three days before the case is
called for argument, one 10 be retained
by the clerk, and the other for the coun-
sci Of the opposite party and points
and authorities in reply may be cited
and filed at any time before the argu-
ment begins. When no counsel APP
pears for one Of the parties, and no
printed or written brief or argument is
liled, only one counsel shall be heard
for the adverse party But If a printed
or written brief or argument is filed,
the adverse party will be entitled 10 be
heard by two counsel
Rule l6. The causes will be called
for argument, beginning with those
from the first circuit, in the order in
which the same shall have been doeketed,
and so continuing by circuits, in nu-
merieal order, on such days as the clerk,
under the direction Of the court, shall
determine, Of which due notice shall be
given.
Withdraeat Of Papers.
Rule II. The clerk must not, afteE
the abstracts have been made, permit
the papers Of a cause to be taken from
the State house, except by the judges.
The clerk may. upon his own RESPONSE
bility, permit the party entitled 10 make
sach abstract, TO take the papers for q
period not exceeding three days, having
power TO require such reasonable security
as be may deem proper.
: Names Of PrOeess
: Rule Is. The assignment Of error
e shall contain the fall names of the par
r ties, and process, when necessary, shal
+ issue accordingly.
4PpearaBces.
i Rule 10 Appearances 10 suits in thu
court shall be entered in the clerk 5. o.
. fee An writing.
/, Rule 90 A joinder in error, OF th
! Sling Of an answer By the party in pei
son, or by bis attorney thereunto lav
II fully authorized, shall be deemed an
n taken as appearance in writing unde
. the above rule.
y Interchange Of Briefs.
u Rule q. Attorneys upon opposii
= sides will be required, upon request,
interchange briefs.
e Bill Of Exceptions containing ECidssc
r Rule %. In every bill Of exception
= purporting to set out the evidence, ape
le motion for q new trial overrnled, it ma
ie be stated, IN appropriate language, tn
all the evidence given IN the cause
contained therein; and the Both Rul
n heretofore adopted by this court, is 7
>. scinded, as TO all causes now pending
Prosecuting Attorney.
m Rule %. Prosecuting attorneys "
q, not be required to file printed briefs
OF cases wherein they appear as such
sr- ihe defendant.
@'ss @ Distribution Of Causes.
Rule a After submission, the !
bv pers shall be delivered By the clerk
air the chief justice, who shall have cont
ne thereof until the cause is decided
a full bench, and the papers are deliver
over to the judge who may be select