Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-04-13
FORLAWERs.
RaIes Of the Supreme Court sf Tennessee,
Nav SittiHg a; lsekssll

1t is ordered by the Court, that the
/ following rules shall be observed, as
/ to the order of business, the trial and
the revivOr Of causes;
J.. The business of each Circuit viii
be taken up and disposed Of by cOun-
/ ties in the order in which the cases
stand on the docket. The entire busi-
ness Of each county, law, equity and
/ State, viii be disposed of, when such
/ county is called, before proceeding to
/ the business Of the other counties OF
/ the circuit. All cases flied on or be.
! fore the-day Of-Will be tried at the
/ present term.
2. There win be two calls Of the
docket Of each county of every cir
cult. On the first call, those causes
will be tried, in which the counsel on
/ both sides announce themselves ready
! for trial. The other causes viii be
! passed over until the second call,
| when every cause will be tried or con-
! tinued The first and second calls of
/ the law causes of each e0anty viii be
made, before the causes on the equity
docket of such county is called; and
so also of both calls Of the equity
/ business Of a county before the State
/ causes Of such county are called.
3. On the first call of the docket OF
/ each county the entire docket viii be
called, when counsel viii designate
/ such cases rs either side may regard as
uniitigated. When counsel agree thata
cause is unlitigated, the same viii at
once be disposed Of When they dis
agree, the record, together with briefs
indicating.the points of litigation, will
be handed In 10 the court on or before
said causes are reached on the second
call.
4. Not more than two counsel on
the opposite side OF a cause will be
heard except when for special reasons
leave is given by the court for more
than two to be heard.
3. In every case, the counsel on
each side will be required to file with
/ the record, q succinCJ statement, in "a
fair handwriting, Of the several legal
propositions relied ON, with the au-
thOritie5 in support of each PROPOSE
ton cited, with book and page noted.
Without such brief no cause will be
heard or disposed of.
6. In addition to the brief aforesaid,
4 counsel may, at their election, make
oral or written arguments; but i'm
/ every case counsel will be confined to
/ the one or the other mode of argument,
as elected by them. A written argu-
ment, however, will i'm no case be al
lowed TO dispense with the brief; and
written arguments viii not be per
mitted to be accompanied by running
oral comments.
2. Reference to portions of the tran
scripts, for the purpose Of being read
4 TO the court, during an argument, may
be made on leave. And reference to
authorities for the purpose Of being
/ read, will be made only on leave of
the court. But the books cited will
be furnished to the court at their con-
suit8tiOn room.
8. When the court is sitting in two
sections, the whole court will meet
together every morning, to hear and
sign the minutes of the preceding
day; and on Tuesdays and Fridays,
before dividing into sections, the whole
court will hear motions; and on We'd
nesdays and Saturdays the whole
court will deliver opinions.
@. Upon the completion of the
morning business, on each day, the
business Of some one Circuit will be
disposed Of in the Supreme Court
room, by three Of the Judges, and the
business Of some other Circuit, by the
other three judges, in different
room.
10. All the books, records and pa
pers Of the Court will be kept in the
Supreme Court room, by the principal
LII hrrE faN1 L. riI
take the transcripts of the causes to be
! tried in the other room, and will act
as clerk for the three judges sitting in
such room; and will furnish every
| evening to the principal clerk such
memOrandums Of the business of the
day, as may be proper to be entered
on the minutes Of the Court,
IL. Each section will hold daily
| consultations and prepare opinions
/ in the causes respectively heard by
| them; which opinions viii be sub
mitted, with the records, TO the
/ whole Court ia general consultations,
on Tuesdays and Fridays; and no
/ opinion will be delivered, unless the
| same has been approved by a ma
| iOrity Of the whole Court.
~. All causes, in which not more
/ than two Of the judges are incOmpe-
/ tent. will be tried by the other judges,
/ with the consent OF the parties; but II
a majority Of al the judges shall not
agree. in any such c8ses; and when
ever more than two are incompetent,
and whenever counsel do not consent
such causes viii be certified 70 the
/ Governor for the appointment OF
| special judges.
10. In case of the death or marriage
Of any party tOa cause pending IN the
! court, making a revivOr necessary
and no motion being made oy the
party entitled TO revive by motion, as
now provided by law, the cause may
be revived by sCire facias, by blll oI
revivOr, as in Chancery eases or Dy
! publication as hereinafter provided
IL. II it shall appear by the return
OF the Sheriff upon the sclr0 facias, or
upon the subpoena under the bill OF
! revivOT, that any defendant therein is
not to be found, or, if it be shown by
! affidavit filed, that any of the causes
exist which are specified in the first,
/ second. fourth and fifth subdivisions
| of section 1852 of the Code, as grounds
lor dispensing with personal service
al process. the court In term time, or
I the clerk In vacation, may make an
order recurring such party to appear
Al q time specified and show cause
wbv the suit should not be revived
against him or her, copy OF which