The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-08-02
COURTS OF APPEAL.
Continued from Tenth Page.)
peals. by appeal. at the option of the
complaining party.
A Simple Procedure.

simple Procedure.
Whenever any party in any case in
| the Superior or City courts, jurisdiction
| of which. by appeal, is conferred upon
| the District Court of Appeals, shall de-
sire to appeal to said court, it shall
only be necessary for his counsel to
state in writing within ten days after
the decision or judgment complained
of was rendered, whether in term or
| vacation, that he desires an appeal to
the District Court of Appeals stating
| the term to which ii is to be return
able, and present it to the judge of
| said court. and file it with the clerk:
whereupon it shall be the duty of said
judge to order the clerk to transmit
| all the papers in the case to the next
| term of the District Court of Appeals
| for that district. which shall be held
next after the expiration of twenty
| days from the date when said appl-
| cation for an appeal is filed in the
clerks Office of said Superior or City
| Court, or to the next term succeeding
that one, If the place is nearer or more
convenient, at the option of the APP
pellant.
Within five days after such order is
signed, the opposite party. or his at
torney, shall be served wifi a copy
| OF the petition for appeal, and order
| of the judge. All cases in the District
Court of Appeals shall be heard and
| determined upon the original papers.
and brief of the testimony adduced
upon the trial in said Su-
by the judge who tried the case. When
the decision complained of in said SUI
| perior. Court or City Court is the
| granting or refusing of a motion for
new trial, the brief of evidence used
on the hearing of said motion shall
be sent up without any other or fur
Their testimony or brief In all other
cases the appellant shall be allowed
to file and present for approval his
brief of the evidence at any time prior
to the first day of the term of the Dis
trict Court Of Appeals, to which the
appeal is returnable.
Supreme Court Last Resort.
l. No writ of error shall lie carrying
any case to the Supreme Court of this
State from Superior Court or City
Court there, in any case jurisdiction OF
which is conferred upon the District
Court of Appeals, but any party shall
be entitled to an appeal to the Supreme
| Court from the decision of the District
Court of Appeals, in certain cases.
The right of exception pendente lite
is not affected, but when any case
in which such exceptions are filed shall
be appealed to the district court of
appeals, they shall be subject to re-
view therein, and is such case shall
be appealed to the Supreme Court
from the district court of appeals, err
ror may be assigned upon the ruling
and decision. of the district court OF
appeals upon such exceptions.
In cases in which a new trial is
granted by the District Court of APP
peals, but any other ruling or decision
is also made affecting the rights of any
party, exceptions to such other ruling
or decision may be filed in the District
Court of Appeals pendente lite within
twent days, and if the case should at
any time thereafter be appealed to the
Supreme Court, error may be assigned
upon said exceptions.
Appeals From District Courts,
An appeal shall lie from the decision
of the district court of appeals to the
Supreme Court of this State, in all
cases of refusal of a new trial, or
other final judgment or decree by the
district court of appeals. except ir
those cases in which the judgment oil
the district court of appeals is made
final by the constitution.
The proposed institutional amend
ment provides that the judgment OF
the district courts of Appeals shall be
final in all criminal cases, except those
in which the sentence of death is af-
frmed, and in all cases of certiorari
and appeals from Justices courts, and
in all introductory judgments, orders
and DEGREES and grants of new trial
In all cases an appeal shall lie from
the district courts of appeals to
the Supreme Court. In any case In
which the judgment of the district
court Of appeals is made final it shall
be in the power of the Supreme Court,
nevertheless. by certiorari, to review
the same and give appropriate direc-
ton thereto.
Such appeals to the Supreme Court
may be allowed during the term or in
vacation, by any judge who took part
In the decision, within ten days after
the decision is made. The application
need only state the case and pray that
an appeal be allowed. Within five
days after an appeal is allowed, the
appellant shall present an assignment
of errors which shall set out separately
and particularly each error asserted
and intended to be urged, and shall
specify such parts of the record as are
deemed necessary for the elucidation
OF the errors assigned.
Eligibility OF Judges.
1t is provided that to be eligible to
appointment and confirmation as a
judge of the district courts of appeals
or 80 years, have been citizen of
the state three years and have prac-
ticed law for seven years.
A simple procedure is provided for
the assignment of errors from the Su-
perior and City Courts to the district
courts of appeal and the last named
court is empowered to issue such writs
and mandates as may be necessary to
enforce its authority. In all cases in
which an appeal is taken to or from
the district courts of appeal the APP
pellant will be required to give bond,
with good security, to prosecute his
appeal to effect and answer all
| damages and costs should he
fail to make his plea good. The bond
so required will be in proportion to the
| character of the matter in contro-
| versy, being for the full amount in
cases for the recovery of money, with
just damages for the delay during the
| appeal, but in cases where the prop
| erty in controversy necessarily follows
the suit only for such an amount as
will reimburse the appellee for his de-
| lay and the detention Of his prop
| erty.
In the event that only one judge ap-
| pears on the first day of any term he
| may adjourn the court to any day pre-
ceding the next regular term, and If
| on the day to which the court Is so
| adjourned two judges fail to appear,
| the adjournment shall then be taken
to the first day OF the next term.
Power of the Courts.
The courts will have power to give