Grand Forks herald., 1917-02-05
dence without delay, and to certify
and return 1t 70 the supreme court for
dnA confederation

and return It 70 the supreme court Tor
due consideration. =
Rule Z. In presenting . case to
concisely state the points and issues.
and argue the law ana the facts with
fairness and candor. There must DO
no deceptive or misleading argu-
ments. and no appeal to sympathy or
bias. or prejudice. It shall be the
luty Of tho court to check and re-
prove any such appeal.
Rule 8. 40 under the code. the
distinction between actions at law and
suits in equity ana all forms Of &C.
court shall not keep up the distinc-
ton and use the old technical rules
of chancery to deny legal rights. to
defeat justice. OF 10 vary the simple
forms Of Code Pleading.
Rule 8. The rules Of the courts
shall be literally construed with .
view to promote Justice, and to make
plain and simple the practice and pro-
cedure. And in every stage Of . case.
an immediate amendment of. any err
ror or defect which does not Injurious
ly affect the substantial rights Of the
a'Hsd' Rule 70. p.''2i III. appellant may ..rv.
and file printed copies Of the record,
but no costs Of printing shall be tax
ed or allowed unless provided by
statute. The. briefs must DO served
and filed promptly. 90 that the court
in thirty days after the Ming Of the
appeal.
In regard to the making Of briefs,
we advise counsel making the brief to
make 1t 80 as to state truly the facts
and the law and to appeal to the un-
derstanding with the utmost simplici-
ty and clearness. Specify in the few
est words only a few points Of error
relied on; the facts conceded and the
Of the points of law, with reference
to the statutes and q few past deci-
sions well based on law and reason.
Rule IL. In charging q jury. the
court should use care to limit the
charge to tho law and tho facts Of the
case. and to avoid anything like a
commentary on the law, or on any
matter not strictly relevant And as
a rule. the court should limit tho
charge to the material points argued
by the counsel.
Rule 12. On tho hearing Of a mo-
ton, and on the trial Of a case in
any district court or county court, at
the close Of the testimony, counsel for
each party shall have the right to
make an oral argument for q reason.
alhe time. And after the hearing of
arguments, the court shall decide the
case or matter without delay. and
state concisely in writing the reasons
Of the decisions. and file the same
with the clerk. as part of the rec
ord.
Rule IS. In the exercise Of its su-
pervision over inferior courts. the su-
preme court will. on proper applica-
ton, issue q writ of justice or q man
date In the nature of q writ of error.
to district courts and to county courts.
The petition for the writ must clearly
and concisely state the nature Of the
case, the issues and the alleged er-
rors. and show that by reason Of pow
erty or other cause, the complainant
has no plain. speedy and adequate
remedy by the usual method of ap-
peal.
The writ must recite the alleged er-
rors, and direct the trial court forth
with. or at a specified time, to cause
the record to be certified to the su-
preme court, that it may review the
same, and cause to be done what of
right and according to law ought to be
done. And II may direct q stay Of
proceedings pendiTg such review.
The writ will be) allowed in the dis
judges. to prevent q failure Of Justice
on clear showing Of cause there
for. and a clear showing Of material
errors, and no other plain. speedy.
and adequate remedy. And on the
return of the writ and record, the su-
, preme court may review the case in
the same manner as upon an appeal.
and direct the entry of proper judg-
ment or order. The writ will be serv-
ed by the clerk mailing an attested
copy Of the same to the Judge, or the
clerk Of the proper court, and to the
adverse counsel.
Rule IA. On the last day of each
month. the Judge Of each district
court and the judge of each county
court of increased Jurisdiction, shall
prepare and mail to the clerk Of the
supreme court q concise report Of the
business done and the cases decided
during the month and the cases re-
naming undecided. The report shall
indicate the business disposed of on
each day and the time given to the
same, and the supreme court may call
for an additional report on any mat
ter. The Judges Of the supreme court
will make and file q similar report.