Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-12-24
SUPREME COURT.
Newt Rules of Importance to the Bar.

The following decisions were rendered
IN the Supreme Court yesterday:
By Chief Justice Observation-Disclosures
vs.. Trice ct al; affirmed.
Wilhoit vs.. Castell; reversed.
Landers vs.. Moore; affirmed.
State vs.. Dyer; judgment set aside and
cause remanded.
Evans & Co. VS.. Holt & Holt; reversed
| and remanded.
Irby Morgan & Co. VS.. Smell ct al; re-
Versed and decree entered.
Mcseley VS.. Hamilton ct al; affirmed.
LentZ vs.. Earnharf; affirmed.
Collins & Garden, ex'rs, VS.. Biggins and
wife; reversed and bill dismissed.
By Justice Freeman-Fields vs.. Carney
ct al; reversed.
Rankin vs.. Clardy ct al; affirmed.
Gilchrist ct al. vs.. Cable ct al; affirmed.
Phillips vs.. Mullins; affirmed.
Mullins VS.. Thompson ct al; affirmed.
Delk VS.. Crowell; reversed and bill dis
! missed.
Wilson & Allison VS.. Stallings & Dry
/ den; affirmed.
The court adjourned for the holidays.
New Rules.
SUPRENE COURT CLERKS OFFICE,
4 0dSuhllic. OcCs 10, 1Oi4s-4 uc lOilONln9
rules were this day adopted by the Supreme
Court now in session in this city, and were
ordered to be published for the informa-
ton of the Bar and Others interested:
COSTS OF INFERIOR COURTS.
1. The Clerk Of this court, in re-taxing
bills Of costs sent up from the inferior
courts, shall correct the same, so that no
illegal item Of cost may be embraced in
any bill Of cost sent out from this court.
TRANSCRIPTS.
2. All transcripts from the inferior
courts shall be written in a large, plain
and legible hand with Black ink, upon law
paper, in length fourteen, and in width
eight and one-half inches, with half an
inch between the lines, having a blank
margin on the left side of every page, and
the whole firmly attached at the top.
3. Clerks shall make cut transcripts, so
that process, pleadings, rules, orders, de-
crees, judgments and steps Of whatever
kind, shall be entered in the order of Sc
quence as they occurred in the progress of
the cause. The date of issuance of pro-
cess, and of the filing Of pleadings and the
date Of rules made in the Clerks Office,
and the date and terms of rules, orders,
DEGREES, judgments and steps of every kind
made in court shall precede the entry Of
the same respectively in the transcript, and
the clerks shall make minute and perfect
index of the contents of the transcript.
In case there be any failure, omission or
defect as to any of these particulars by the
clerk Of the inferior court, he shall not be
allowed any cost for the transcript wherein
such failure, omission or defect occurs.
4. Unless there be question on the
same in the csurt below, no notice to take
depositiOns, no caption of any disposition,
nor affidavit, nor process, nor any other I'M
necessary paper, shall be inserted in the
transcript, nor shall any fee be allowed any
clerk for such matter. But the date of
service of each leading process, attatchmept
or injunction. so omitted, shall be given.
And in copying dispositions taken upon in
teTogatories, the answer shall follow each
question. Reports and ACCOUNTS should
follow the orders or DEGREES oil which they
are based, when practicable, and be follow
ed by the proof on which they are taken.
No report Of receivers, or other matter not
affecting the question in controversy, shall
be put in the transcript, unless required b.
counsel, ant then it shall be stated az
whose instance il is done, and the costs
thereof will be charged accordingly.
8. The clerks of the inferior courts shall
make out and file the transcripts for this
court within the time prescribed by Law,
unless it be shown to have been impractica-
BILE; and no transcript, after 1t has been
filed, shall be taken from the courthouse
by COUNSEL engaged in cause, without the
clerks permission or a receipt given there
for; and no transcript shall be taken out Of
the city in which the court is held unless
upon the order of the court or one of the
judges
ORDER OF BUSINESS.
6. The business of each circuit will be
taken up and disposed of By counties in
the order in which they stand on the
docket. The entire business OF each county
will be disposed of, when such county is
called, before proceeding to the business OF
the other counties Of the circuit.
Z. There will be two calls of the docket
ofseach county of The circuit. On the first
call, those causes only will be tried in
which the counsel on both sides are ready.
On the second call, every cause will be
tried or continued. The law causes on
both calls will be disposed Of before the |
equity causes are called, and SO of the |
equity causes before the State causes are |
called. In the counties whose docketS are |
large, such as Shelby, Davidson AID Knox, |
there will be but one call, when the causes |
will be tried or continued. If the business |
is so great that all the causes cannot be |
disposed of, they will be called only to |
date of filing to be designated by the court. |
s. The clerk will prepare a docket on |
which be will enter all causes which may be /
designated by counsel on either side as
unlitigated- by which is meant causes be-
lieved BY counsel to have been appealed |
only for delay. This docket will be called |
upon day to be designated by the court, |
when the causes will be disposed of with /
out argument in court, but upon briefs fled. |
When causes are placed on this docket, the |
opposite counsel must be notified, other
wise they will be RENTED to the regular
docket.
9. All causes in which one or not more
than two of the Judges are incompetent,
will be tried by the other Judges, with the
consent of the parties, but if a majority of
the Judges so trying cause do not agree,
and wherein more than two are incompe-
tent, and when counsel do not consent,
such causes will be certified to the Cover
nor for special Judges.
Q. In case of the death or marriage of
any party to a cause pending in the court,
making reviver necessary, and no motion
being made by the party entitled to revive
by motion, as now provided by law, the
cause may be revived by Scire fdciGs by
bill Of reyivor as in chancery causes, or by
publication as hereafter provided.
10. If it shall appear by the return of the
Sheriff upon the Scire fdcids, or upon the
subpoena under the bill of revivor that any
defendant therein is not 10 be found, or, if
if it be shown by appellant that any of the
causes exist which are specified in the first,
second, fourth and fifth subdivisions of
section 1852 ofthe Code, as grounds for dis
peDsing with personal service Of process,
The court in term time, or the clerk in va
cation, may make an order requiring such
party TO appear at a time specified, and
show cause why the suit should not be re-
Viyed against him or her, copy Of which
order shall be published for four consecu-
i've weeks in some newspaper published at
he place where the order is made, or in
such other paper as the court or clerk may
1rder.
IL. Wits Of scire facias, to revive or
against bail in State cases, subpenas upon
bills of revivor and orders of publication,
4 issued or made in term, may be made
as the court may direct; if Issued
Dr. made in vacation, for purposes of re-