THE

SOUTHWESTERN REPORTER,

VOLUME 47,

CONTAINING ALL THE CURRENT DECISIONS OF THE

SUPREME COURTS OF MISSOURI, ARKANSAS, AND TENNESSEE, COURT
OF APPEALS OF KENTUCKY, SUPREME COURT, COURT OF CRIM-
INAL APPEALS, AND COURTS OF CIVIL APPEALS

OF TEXAS, AND COURT OF APPEALS

OF INDIAN TERRITORY.

PERMANENT EDITION.

AUGUST 29-DECEMBER 19, 1898.

WITH TABLE OF WRITS OF ERROR DENIED BY THE SUPREME COURT OF TEXAS IN CASES IN THE COURTS
OF CIVIL APPEALS.

ALSO TABLES OF SOUTHWESTERN CASES PUBLISHED IN VOLS. 143, 144, MISSOURI REPORTS; 99,
TENNESSEE REPORTS; 14, TEXAS CIVIL APPEALS REPORTS.

A TABLE OF STATUTES CONSTRUED IS GIVEN
IN THE INDEX.

COPYRIGHT, 1899,

BY

WEST PUBLISHING COMPANY.

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

COURT RULES.

MISSOURI.

Division Number Two of the Supreme Court.

brief.

When a criminal case shall be advanced on the docket the court shall designate the time for filing statements and briefs.

When appellants have been allowed to pros

SERVICE OF ABSTRACTS AND BRIEFS | counsel with a copy of his statement and IN CRIMINAL CASES. Beginning with the October term, 1898, of this court, the attorneys for appellants, in criminal cases in which transcripts have been filed in the office of the clerk of this court sixty days before the day the cause is docketed for hear-ecute their appeal as poor persons, by the ciring, shall, at least thirty days before the day of hearing, file in the office of the clerk of the supreme court a printed statement, containing apt references to the pages of the transcript, assignment of errors and brief of points and argument, and serve a copy thereof upon the attorney general, and, thereupon, the attorney general shall, fifteen days before the day of trial, serve defendant or his

cuit court, counsel will be permitted to file
type-written briefs and statements. In cases
in which the transcript has been filed thirty
days before the day on which the cause is
docketed, counsel for appellant shall file their
statements, briefs and assignments of error
fifteen days before the hearing, and the at-
torney general his brief and statement five
days before the hearing.
Adopted July 6, 1898.

.

AMENDMENTS TO RULES

TEXAS.1

It is ordered that existing rules 29 and 30 in | ment in general terms of the nature and result reference to the practice in the courts of civil of the suit,-such, for example, as the followappeals, and rule 95 of rules for the districting: "This was an action of trespass to try and county courts, be so amended as hereafter to read as follows:

BRIEFS.

title which was brought by the appellant against the appellee and in which judgment was rendered for the defendant." This may, at the option of counsel for the appellant or plaintiff in error, be followed by a brief statement of the case and such other matters as may be deemed proper as an introduction to the assignments of error. Then shall follow the assignments. Each point under each assignment shall be stated as a proposition unless the assignment itself may sufficiently disclose the point, in which event it shall be sufficient to copy the assignment.

29. The appellant or plaintiff in error, in order to prepare properly a case for submission when called, shall have filed a brief of the points relied on, in accordance with and confined to the distinct specifications of error (which assignments shall be copied in the brief) and to such fundamental errors of law as are apparent upon the record, each ground of error being separately presented under the proper assignment; and each assignment not 95. The clerk, having made a transcript, upso copied and accompanied with its appropri- on the application of either party or his counate propositions and statements, shall be re-sel, as prescribed in case of appeal, and in garded as abandoned. The assignments as case of writ of error, as directed by law, shall presented in the brief shall be numbered from the first to the last in their consecutive order; but it is not required that they shall be presented in the order in which they appear in the original assignment of errors filed in the office of the clerk of the trial court, and the numbers in such original assignments may be disregarded.

deliver it to such party or his counsel, when so made out, on demand, such delivery as to the appellant or plaintiff in error to be made to him or his counsel within sixty days from the perfection of the appeal or the service of the writ of error.

As amended December 22, 1898.

30. The appellant or plaintiff in error in pre1 For rules as originally adopted, see 20 S. W. paring his brief shall make a preliminary state-viii. and xvii. 47 S.W. (v)*