The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-11-03
SUPREME COURT AMENDMENTS
on PETITION TO REHEAR AND
PRINTING OF APPEALS.
and o3 and Are Important to all
Lawyers Practicing in the Court.
Text of the Amendments.
Especial to The Messenger.)

Especial to The Messenger.)
Raleigh. y. G, October ETH SUI
preme court this evening announced the
following amendments. important 10 all
lawyers practicing in thar court.
Amendment to rules 81 and 90. Cps \.
Z. 649, 650) which Will appear in full N
the next volume of reports.
PETITION TO REHEAR.
Fifty-two. Petition to rehear MAY be
fled at the same term. or during the
vacation succeeding the term Of court
at Which a Judgment was rendered, or
within twenty days after the COM
mencement OF the succeeding term. If
such petition is ordered to be ocketed
by the Justices to whom il i submitted
under rule So. such justices may. upon
such terms as they see fit, make an or
der restraining the issuing Of execution
or the collection and payment OF same
until the next term Of said court, or un-
til the petition to rehear shall have
been determined.
Fifty-three. The petition must assign
the alleged error of law complained
of. Or the matter overlooked; or newly
discovered evidence; n allege that the
Judgment complained of has been per-
formed or secured. Such petition shall
be accompanied with a certificate Of at
least two members of the bar of this
court, who have no interest in the SUBJ
ject matter. and have never been of
counsel for either party to the suit, and
each of whom shall have been at least
five years a member of the bar of his
court, that they have carefully cXamin-
ed the case and the law bearing thereon
and the authorities cited in the opinion,
n they shall summarize succ.nctiy,
in such certificate, all points in which
they deem the opinion erroneous.
The petitioner shall endorse upon the
petition the names of two justices.
neither Of whom dissented from the
opinion. to whom the petition shall be
sent by the clerk, and it shall not be
docketed for a ~rehearing unless both
of the said justices endorse thereon that
1t is a proper case to be reheard:
Provided, however, that when there
have been two dissenting justices. il
shall be sufficient for the petitioner to
designate only one justice, and his ap-
prevail in such a case shall be sufficient
to order the petition dockeCed. The
clerk shall endorse on the petition the
date on which it was received and it
shall be delivered by him to one of the
justices, designated by the petitioner.
There will be no argument, oral or 9TH
erwise, before the jutice or Justices thus
designated, before it is acted on by
Them, and, if they order the petition
d0cketed. there shall be no oral argu-
ment thereon before 'the court (unless
the court Of it's own motion shall direct
oral argument), but it shall be submit
tod 1,nnn Tho raonr6 ~ fha foroa~ o..
ing, the printed petition to rehear and
the brief to be filed by the petitioner
within ten lays after the petition is or
dered to be docketed and the brief TO
he filed by the respondent within twen-
ty days after such order to docket.
Such briefs shall not be briefs on the
first hearing, but shall be new briefs,
directed to the errors assigned IN the
petition and shall be printed If not
printed and filed in the prescribed time
by the petitioner, the petition will be
dismissed, and for default in either par
ticular by respondent, cause will be
disposed of without such brief.
The petition may be ordered dOcketei
for a r~ehearing as to all points ~ecited
by two certifying counsel, (who cannot
| certify to errors not alleged in petitiOn).
or it may be restricted to one or more
of the points thus certified. as may be
directed by the justices who grant the
| application. When a petition to rehear
is ordered to be docketed, notice shall
at once be given to the counsel or both
sides, by the clerk of this court.
PRINTING AND PAUPER APPEALS.
Rule % OPS n. C. CAD is amended so
as to read as follows:
Fifteen copies of the entire transcript
sent up in each action shall be printed,
except in pauper appeals, and in these
latter. the court desires the counsel
for appellant to furnish a sufficient
number of printed or typewriter lTtcfS
for the use of the court, giving 2 suff-
cient statement of facts applicable 70
the exceptions, and the authorities re-
lied on. Should the appellant gain :he
appeal the cost Of same shall be taxed
against the appellee.
A printed transcript shall be in the
order required by Rule 10 o., and shall
contain marginal references and index
required by Rule - () and 10 80,
ences in manuscript may be printed as
sub heads in the body of the record and
not on the margin. The transcript shall
be printed Immediately after the dock
citing of same. unless it is sens up al
ready printed.
TT was almost a miracle Burdock
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