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THE

SOUTHWESTERN REPORTER,

VOLUME 47,

CONTAINING ALL THE CURREN

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.

Witu 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.

ST. PAUL:
WEST PUBLISHING CO.

KF
135
57
56
8,47

1899.

COPYRIGHT, 1899,

BY

WEST PUBLISHING COMPANY.

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COURT RULES.

MISSOURI.

Division Number Two of the Supreme Court. SERVICE OF ABSTRACTS AND BRIEFS counsel with a copy of his statement and IN CRIMINAL CASES. Beginning with the brief. October term, 1898, of this court, the attor- When a criminal case shall be advanced on neys for appellants, in criminal cases in the docket the court shall designate the time which transcripts have been tiled in the of- for filing statements and briefs. fice of the clerk of this court sixty days be- When appellants have been allowed to prosfore 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 cuit court, counsel will be permitted to file of hearing, file in the office of the clerk of type-written briefs and statements. In cases the supreme court a printed statement, con- in which the transcript has been filed thirty taining apt references to the pages of the days before the day on which the cause is transcript, assignment of errors and brief of docketed, counsel for appellant shall file their points and argument, and serve a copy there statements, briefs and assignments of error of upon the attorney general, and, thereupon, fifteen days before the hearing, and the atthe attorney general shall, fifteen days be- torney general his brief and statement five' fore the day of trial, serve defendant or his 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 district ing: “This was an action of trespass to try and county courts, be so amended as hereafter title which was brought by the appellant to read as follows:

against the appellee and in which judgment BRIEFS.

was rendered for the defendant." This may,

at the option of counsel for the appellant or 29. The appellant or plaintiff in error, in or- plaintiff in error, be followed by a brief stateder to prepare properly a case for submission ment of the case and such other matters as when called, shall have filed a brief of the may be deemed proper as an introduction to points relied on, in accordance with and con

the assignments of error. Then shall follow fined to the distinct specifications of error the assignments. Each point under each as(which assignments shall be copied in the signment shall be stated as a proposition unbrief) and to such fundamental errors of law less the assignment itself may sufficiently disas are apparent upon the record, each ground close the point, in which event it shall be suffiof error being separately presented under the cient to copy the assignment. 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 deliver it to such party or his counsel, when the first to the last in their consecutive order; so made out, on demand, such delivery as to but it is not required that they shall be pre- the appellant or plaintiff in error to be made sented in the order in which they appear in the to him or his counsel within sixty days from original assignment of errors filed in the office the perfection of the appeal or the service of of the clerk of the trial court, and the num- the writ of error. bers in such original assignments may be dis- As amended December 22, 1898. regarded. 30. The appellant or plaintiff in error in pre

1 For rules as originally adopted, see 20 S. W. paring his brief shall make a preliminary state-'viii. and xvii. 47 S.W.

(v)*

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