The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-06-12

may be easily found in the record.
Rule The respondent scounSel may, II ne
be not satisfied VITA the abstract or aDridgnent
OF the record by the appellant s counsel Wltnln
fifteen days after the same is filed, file with the
clerk eight copies of such further abstract as
he may deem necessary 10 full understanding
Of the merits of the cause.
Rule Sin case the appellant shall neglect 10
file an abstract III compliance With the rUleS On
this court, the opposite party may Lle the ab-
Stract ana prepare the cause for nearing eH
parte and have the costs taxed therefor. or the
court may dismiss the appeal; and il the aD-
stract fled shall not present the parts OF the
record TO which reference is made in the assign
ment of errors, the appeal may. be dismissed
Rule 9-For good cause shown. me court, pI
any justice thereof may extend the time for the
filing of transcripts and abstracts.
Rule 10-The attorney for the appellant shall
serve on the attorney for the respondent copy
OF his points and authorities in the form OF u,
printed brief, at least ten days before the near,
ing, and within five days thereirom the counsel
for the respondent shall serve upon appellants
counsel like copy of his points and authorities,
and before the hearing, the attorneys for each
of the respective parties shall file with the CLERK
of this court eight copies of his brief ana the p
pellant in his brief shall plainly and distinctly set
forth the particular errors upon which he reiies
for reversal of the Judgment OF the court
below.
Rule 11-An abstracts of the record and briefs
hereafter filed in this court shall be printed ON
unruled white paper of the size and style now
used in the Supreme court of the United states,
and in small plea type with one inch for margin,
but by leave of court or one of the justices
thereof brief land in criminal cases an abb
stract) of another character may be filed.
Rule 12-All technical objections affecting the
right OF the appellant to be heard ON the merits
of q cause, must be taken at the first term or
adjourned term after the abstract is filed, and
must be specified in writing filed at least one
day before the cause is called for argument, or
will not be regarded. Such objections must be
presented to the court before any argument
upon the merits.
Rule 13-Cases appealed into this court will
not be heard at any particular term unless the
abstract OF the record Shall be filed before the
commencement OF such term, or unless the ap-
pellant shall in writing present satisfactory
excuse for not having filed the abstract before
the commencement of the term; but this rule
shall not apply to cases docketed for the pur-
pose of dismissal under the rules of the court.
Rule l4-An motions shall be in writing, sub
scribed by counsel and filed with the clerk and
in case where q notice of motion is required, the
time prescribed therefor may be shortened by
any justice of the court as well as the court.
Rule l5-All stipulations and agreements OF
parties or their attorneys in respect TO cause
shall be reduced to writing, signed by them and
entered by the clerk; otherwise the same will
be disregarded. Counsel obtaining any order
or judgment may be required by the clerk tC
furnish to him the form of the same
Rule 16--Any cause may be submitted or
brief by stipulation, and either party may sub
nit o cause on his behalf on brief filed an(
without oral argument.
Rule 17-Counsel for each party shall be al
lowed one hour. TO be divided among associate.
as they may desire. but the court in specia
cases will allow further time. Each defendant
who appeared separately in the court below
and an intervenor, may be heard through hi:
own counsel.
Rule 1S-All OPINIONS of the court after havin.
been finally corrected shall be filed and re
corded by the clerk, and his fees therefor shall
be taxed as part of the costs.
Rule 19-No papers shall be taken from tn
files OF this court excepting by leave of court o
one OF the justices thereof; but appellants ma
withdraw the transcript Of the record for tn
| purpose of making an abstract, upon giving
| receipt therefor to the clerk; and upon sue
withdrawal may retain the same for eight day
| but no more unless upon the written order of on
of the justices of the supreme court. If tn
respondent shall desire to make an abstract G
the record, he may withdraw the transcript upo
giving the like receipt and retain the same for
like time. But neither party shall Withdraw
the transcript more than once. All records an
| papers of said court shall be open to inspectio
by the public and any person may procure o.
make copies thereof.
Rule pplication for rehearing any caus
| shall be by petition to the court, signed b
counsel, briefly stating the points wherein it
alleged the court has erred: such petition to
| filed within twenty days next after the filing
| the opinion in the case. Counsel shall accom-
pany such petition with brief of the author
| ties rel1eu upon IN support JlereO1 ana the ce
tifcate required by law. The fling of pei
ton for q rehearing shall suspend proceedin!
under the decision until the petition for r
hearing is disposed Of Upon the determinatic
OF petition for reheariDg. or where. on motto
to the party against which the judgment is e
tered III any case, the party does not signify 6
intention to move for rehearing, the clerk sha
issue Te1hutifur to the court below, or, II {
original proceeding, copy of the final iudgme
upon payment of the balance of costs, if an
due to the clerk in the cause.
Rule 21-The clerks of district courts shall
entitled to receive the fees allowed by law
all transcripts of records, and also any bala
OF costs due in the cause. before delivering Il
same, except in criminal cases where the d
PENDANTS are unable to pay for transcripts
the record and the trial judge shall have ordert
the same to be furnished without cost. exec
In criminal cases where the plaintiff is appellaI
Rule 22-Whenever an action shall be broug
into this court the party SO bringing the eau
shall pay to the clerk the usual and reasonab
deposit required by him to pay the costs as tn
accrue. PROVIDED, that if, upon the final dete
mination of any case, there shall remain in t
hands of the clerk any balance of deposit in e
cess of costs, it may be returned to the par
entitled thereto.
, Rule 23-There shall be appointed at the |
ginning Of each term of this court a standi
, committee of three members of the bar Of til
: court, whose duty il shall be to examine and
port in writing upon the qualifications of eve
applicant for admission to the bar OF this cou
} Rule "a Gas adopted July %, ISS)-Any pal
! entitled by reason of personal interest, to a
5 for or to oppose any order, Judgment or decl
in the probate court, may appeal from the ord
or Judgment, or decree made by the court ;
verse TO him or his interests to the distr
court of a judicial district embracing the cour
where such probate court is held, in
cases involving the probating or revoki
the probate Of & will the administratt
of decedent estate and in all cases of qua
n ianship. All appeals from provisional or int
locutory orders shall be taken within thil
days from the entry of the same; and all q
a pealS from the final decree or Judgment,
claring the validity or invalidity of will,
:: the final order on the administration of an
6 tate by an executor, administrator or guards
= shall be taken within one year after the en1
q thereof; and on appeal from such final ord
4 the appellate court shall have jurisdiction
:, review the entire proceeding from the beg
i lining, and to affirm, modify or reverse any D
9 all orders or DEGREES therein which shall eff
: the substantial rights of the PARTIES, and sh
q thereupon make such order or decree as to
r court shall seem just, and may remand the C;
II to the probate court in case OF reversal or m
= ification of its orders or DEGREES, or retain
! exercise jurisdiction to completethe proceed
Rule 25-Such appeal may be taken wit
q sixty days after the order, decree or judgmen
"a made and entered. and shall he by filing W
i the clerk of such probate court notice stat
:. the appeal from the order, decree or jldgEcn
% some specific part or parts thereof, and by
. ecuting an undertaking CT giving surety in
q same manner and to the same extent. or
y case of appeal to the supreme court from
!. trict court; provided that in cases of appeal
q an executors or administrator who has given
4 fetal bonds, no additional undertaking need
1 given.
n Rule 26-The trial of such appeal from
n probate court shall be de noFo in the dist
d court, but when the appellant in his not
D. specified only some specific part or parts of
" order, decree or Judgment appealed from,
S trial in the district court shall be confined
/. the part or parts specified, and the balance
d such order, decree or Judgment shall stand
t; affected by such appeal. Appeals shall be
e lowed from the orders DEGREES and iudgme
of the district, in such appeal cases to
IN supreme court in the same manner and VI
" the same terms as provided by law in OF
of CAGES.