The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-07-21

for, fc
1st week First and Second Districts
I'd Fl" Fourth and Fifth
Sd Third and Seventh I"
18th " Eight and Ninth
9TH s. Tenth and Eleventh
9th " Twelfth andSixth
vi. The cases from each District will be
called in their proper order; if either par
ty is not ready, the case may be put to the
end of the District, by consent, or for cause
shown, and lie called in that place; other
wise the first call is peremptory. In like
manner, by consent, or for cause, a case may
be put to the end of the docket or contin-
ued. If no counsel appear tor either party
at the first call, the case will he put to the
end of the District and if none appear at
the second call, it will be continued.
VII. Gases not prosecuted for twa terms
will be dismissed at the cost of the appel
liant, unless continued for cause; with liberty
however to either party to move at the next
term to re-Instate it; or afterwards upon
sufficient cause.
VIII. The appellant is entitled to open
and conclude the argument.
TX. When an appeal shall be taken after
the commencement of a term of this Court,
the Judgment and teste of the execution
shall have effect from the time of the filing
OF the appeal.
Note. The only difficulty in the adoption
of this rule was the case of Farley rs. Lea, 4
d and b 1863; for the idea of allowing a
judgment in II case which in fact was not
tried below until alter the commencement Of
a term OF this Court, to relate back and take
effect from the first day OF the term was
out of the question. We are relieved from
the difficulty by Whitaker ,s. Wesley, IA
f. G. l.. Il. 4S, decided in 1852, in which
all the cases on the subject were fully re-
viewed and the conclusion is, 'that mere
form or fiction OF law introduced for the
sake of justice, shall not work a wrong
contrary to the real truth and substance of
the thing" We consider Farley cs Lea
decided in 1889 over-ruled by the author
ity and reasoning of this case. The judg
ments of this Court Gas between themselves
and without reference to the judgments of
other courts) relate to aid take effect from
the first day of the term except in the case
above referred to, in such cases the judy
ment takes effect from the filing of the re-
CO of appeal.
x The Clerk of this Court will keep a
judgment docket, with an alphabetical in
dex of the names of the defendants On
this docket he will enter brief memoran-
dunn of every final Judgment of this Court
affecting the right to real property, and of
every judgment requiring, in whole or in
part, the payment of money; stating the
names of the parties. the term of the judg-
ment, its number on the docket of the
term, and if for the payment of money, the
amount of the judgment and when it shall
appear from the return on an execution or
from an order for an entry of satisfaction by
this Court, that the judgment has been sat
istied in whole or IN part, the Clerk at the
request of any person interested in such
entry, and on payment of the lawful fee.
shall make memorandum of the time of
such satisfaction, whether in whole or in
part, and refer briefly to the evidence of it.
XI. Executions from this Court may be
directed to the proper officers of any county
in the State: the manner of tllelr teste is
prescribed in Rule TX preceding: at the re-
quest OF the party in whose favor execution
IS, it may be rcturnable ON any specified day
ftcr the commencement of the term of this
Court next ensuing its teste. In the alb
sence of such request executions shall be
made returnable OH the first day of the term
next ensuing their teste; and on motion, for
special cause, execution may be taken out
during the term.
XII. The Court will not regard any agree
ment alleged between Attorneys or Counsel,
unless it he admitted or shall be in writing
and filed in this Court.
XIII. Memoranda of pleadings will not
No.
by consent of parties, but will be disregard
ed as frivolous or impertinent.
XIV. On motion of either party, or in a
gross case, ofits own motion, the Court will
refer it to the Clerk, or to some member of
the Bar, to report whether pleadings in a
cause, are scandalous and impertinent, and
if they he found so, the Court will order the
scandal or impertinence to I've stricken out
at the cost of the party.
XIV. A motion to dismiss an appeal for
want of notice of the appeal, can only be
made at or before the calling of the cause.
On the hearing of such motion, the notice
must be shown or be shown to have bee,,
received. Notice will not I've presumed
merely because the appeal appe:.rs to lave
been taken during II term of the Court.
XVI Aay party within two terns after a
Judgment Of this Court, may file q petition
to have the cause rehcard upon any matter
of law. To such petition shall lie attached
a certificate signed by two E.unsellurs oil
this Court, who did not appear in the cause
at its FIRST hearing, stating their opinion
that the judgment was erroneous 1t must
also appear til t the jalgmcnt has been
performed, Or that its performance has heer
properly secured, VI some sufficient cause
must be shown frac dispensing with thrss
conditions. Sucn petition must alsn assign
the errors conp;aincd of
XVII Appeals from judgment rendered
one or more days before the commencement
of a term of this Court, must be flied with
in the first eight daysnf the term, OF befor,
the calling Of the district to which the cas-
belongs, otherwise they will be continued
until t.se mcxt term.
XVdaI. All judgments recovered duriu,
any tefsaa Of a Superior Court, and whiai
shrH he docketed drring the term, shall b
held and deemed to be docketed ON the frs
dag Of the term.
= XIX. If any plaintiff shall have dock
eted judgment and failed to sue out exc
cution agains. the lands of the defendant
any other plaintiff, who has docketed
judgment, and shall take ont execution
may give notice Of his execution, to credi