Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-11

|NNlaauaNZ civ" A.'A.a ~ JIM
Garfield Beach, thus giving the
residents q Toocle County the hest
and most direct road to lie city.
There is no part 81 the county 50
little improved IS that directly west
rom the Temple and the base line
is the point on the lake nearest TINS
CITY. / should he pleased t. confer
with you personally"
David Proctor reported that, IN
accordance with contract he han
furnished the county with 900
bridge lies.
The superintendent Of the county
iufirmary presented n report OF MS
expenditures for MOTch, showing q
balance on hand March l Of Sl4.60.
During the month he had received
from the county clerk Sl,T51, auu
had expended SI.742.1d. leaving n
balance on hand Of S22ii.
The court adjourned 90 June l9.
SUPREME COURT RULES.
Yesterday afternoon the following,
to take effect June lO;h, 1899, were
adopted as the complete rules Of
the Supreme Court Of Utah Terri
tory:
RuLEI. The clerk OF this court
shall keep his Office at the place
where sessions Of this court are
held. Three DAYS before the FIST DAY
Of each term ne shall prepare a
calendar for each msmber Of the
court and one for the bar, where
in the causes brought into tins
court shall be entered in the follow
lug ori.r. viz: !. Causes aTIs-
inz under laws Of the United
States. =. Criminal causes arising
under the laws Of the Territory;
3. ~! other CAUSES in the OrleF
OF the filing Of the transcript. Ia
the title Of All cases in tuis
court the plaintiff in The court
below shall Ice iiGst named, being
called appellant oc RESPONDENT Is,
the ease may he.
RULE. In aH C,sys where an
appeal shall Zee perfected, n trans
cri,,t Of the record shall be filed in
this court Within thirty days after
such appeal shall have been perfect
y.i. uult-s further time is given 10y
;his Cuur. ug a Justice thereof. This
transcript shall uc certified 10 be
correct 10y the attorneys Of the re-
-neetive parties, uT~ty tine clerk al
the Court from which the appeal Is
taken. Tn. Hig.linE-, proceedings
aud paI. = shall bg ChrJnolugicu!iy
arranged iG thg transcript, ami The
pages ~ said transcript shall jo
numbered, ami the transcript shall
be yrgfIced with an alphabetical
index, specifying the page on which
each separate paper, Pleading, pro-
ceedSng and tine testimony Oi each
witness j. found. Provided, that the
appellant or his attorney may by
pECcipe indicate 10 the clerk what
% the files OF the cause shall be
inserted ia the transcript, ami in
such case, II the record shall be
.ouul insufficient. j. suai! Ice per
iected nc his cost; auI il uungcss-
sari!y vOlumin0us, the cost q the
unnecessary parts shall he taxed
agaius; HIM.
Rule g. II the transcript h. not
filed within the time prescribed or
allowed, the appeal may he dis
missed on motion during the first
week or the term without notice;
cause 50 dismissed without notice
may Dc restored during the same
term on notice IL five days 70 tine
adverse party and for good cause
shown: buf unless 50 restored, the
dismissal shall be final.
RULE /. On such motion there
shall he presented 70 tine CDuEt the
certificate OF the clerk Of the court
below, under the seal -! such court,
certifying ;he amount or character
Of the Judgment, the date Of its reuL-
ition. the fact and iats Of the filing
OF the notice of appeal. and the fact
tate an! mode of service thereof; tine
fact aui the date % the filing OF tine
undertaking ON APT cal ana th7t the
slnc Is in tue form, aud also That
appellant has received a certified
trans Ei-t Of the record or that lac
has failed 20 request one, or Has
iai,e! 10 pay the legal fees therefor,
II the same were ceIauleL; jgt ia
cs-e the transcript has been certified
90 be correct 10y tie attorneys Of
the respective parties, The fact aud
date thereof may b. shown 10y any
one OF them by all!-ayIt-
RULE ,. For the purpose Of cor
reCting any error or defect iu tho
trans .riUt. either PARTY may suggest |
the same in writing 70 tais court, I
specifying such error or defect, ana 1
obtain an order dat the proper cler,, I
certify the whole or Part OF the IT, /
cord, a. may he required. or the /
same may G- corrected by s,iuUla- !
ton OF counsel IN open court before |
argument. II the attorney Of the al /
verse party hc not present. or If tie .
fact % tAe alleged error or defect be I
c0ntr1ver,cd 10y him, the suggestion /
must be accompanied by auailidav-
il, showing the existence Of the er-
rOr or defect alleged.
Rule %. The appellant shall,
within fifteen days cf the filing %
the transcript, pref are AMI file villa
the curt eight copies OF a printed I
abstract Of the record in each clse,
in which shall he sci forth the title
oi the cttlse, with the date Of the til
ing Of all plVens in tine court below,
and a brief statement ~ the contents
Il each pleading, and shall st
forth fully the substance Of the
PLEADING End Of evidence. il any,
and the points relied upon for the
reversal Of the judgment OF decree, /
ami appellant shall refer 10 the page
numbers In tie transcript Oh tie
margin Of the abstract Ia such man.
ner that OrIers, pleadings and evil
,lenCe referred To in the abstract
msy lie easily found in the record.
RULE :. The respondents cOuu-
sell may. II he he not satisfied with
The abstract or abTidgmeut Of the
record 10y the appellants counsel,
within fifteen days after the same
IS filed, file with the clerk eight ,
,opies- Of such further aAstrart a. lie
may deem Necessary 10 = fu.l uE-
Of the merits OF tgu
,ause.
RULE S. In case the appellant
shall neglect TO file an abstract IN
with the rules Of this
s8urt, the opposite party may file
~ aAa-A-aaa- aHsA.a iAAA laAAA AAtt AslAANH
or hearing CT p0-tc and have the
costs taxed therefor, OK the court |
may dismiss the appeal; and il the 8
abstract flied shall not present the
art Of the record b which refer
,nce Is made in the assignment OF &
,rF8rs, the appeal may be dismissed. {
RULE Q. For good cause shown.
he Court or any justice thereof
nay extend the time for the filing I
4 transcripts and abstracts.
RULE 10. The attorney for the d
appellant shall serve on the after 5
rev for the respondent, 8 COPY OF d
lis points and authorities in the r
orm Of a printed brief. at least ten ;
lays before the hearing, and within :
i've days therefrOnl, the counsel for a
he respondent shall serve upon ap- ;
ellani's counsel q like copy Of his 4
Oints and authorities, and before o