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229103

COPYRIGHT, 1916

BY

WEST PUBLISHING COMPANY

(154 PAC.)

JUDGES

OF THE COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME

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MONTANA-Supreme Court.

THEO. BRANTLY, CHIEF JUSTICE.

ASSOCIATE JUSTICES.

SYDNEY SANNER.
WM. L. HOLLOWAY.

NEVADA-Supreme Court.

F. H. NORCROSS, CHIEF JUSTICE.

ASSOCIATE JUSTICES.

P. A. MCCARRAN.
BEN W. COLEMAN.

NEW MEXICO-Supreme Court.

CLARENCE J. ROBERTS, CHIEF JUSTICE.

JUSTICES.

RICHARD H. HANNA.
FRANK W. PARKER.

OKLAHOMA-Supreme Court.

MATTHEW J. KANE, CHIEF JUSTICE.
J. F. SHARP, VICE CHIEF JUSTICE.

ASSOCIATE JUSTICES.

JOHN B. TURNER.

SUMMERS HARDY.

CHAS. M. THACKER

SUPREME COURT COMMISSIONERS.

Division No. 1.

PHIL. D. BREWER.
WM. A. COLLIER.
NESTOR RUMMONS.

Division No. 2.

C. A. GALBRAITH.
JNO. DEVEREUX.

SAM HOOKER.3

RUTHERFORD BRETT.

Division No. 3.

GEO. B. RITTENHOUSE.
JNO. B. DUDLEY.

W. R. BLEAKMORE.

Division No. 4.

J. C. ROBBERTS.
CHAS. G. WATTS.
FRANK MATHEWS.

Division No. 5.

TOM D. MCKEOWN.

CHAS. B. WILSON, JR.
W. C. CROW.

Division No. 6.5

W. H. BROWN.

W. M. BOLES.

JESSE M. HATCHETT.

Term expired October 1, 1915.
Term expired January 15, 1916.

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COURT RULES

SUPREME COURT OF NEVADA

Adopted September 1, 1879, with Amendments of October 25, 1911,
Which Became Effective April 1, 1912

RULE I.

1. Applicants for license to practice as attorneys and counselors will be examined in open court on the first day of the term.

2. Examination for Attorney at Law-The Supreme Court, upon application of the district judge of any judicial district, will appoint a committee to examine persons applying for admission to practice as attorneys and counselors at law. Such committee will consist of the district judge and at least two attorneys resident of the district.

The examination by the committee so appointed shall be conducted and certified according to the following rules:

Examination by Committee-The applicant shall be examined by the district judge and at least two others of the committee, and the questions and answers must be reduced to writing.

No intimation of the questions to be asked must be given to the applicant by any member of the committee previous to the examination.

Examination to Embrace-The examination shall embrace the following subjects: 1. The history of this state and of the United States;

2. The constitutional relations of the state and federal governments;

3. The jurisdiction of the various courts of this state and of the United States; 4. The various sources of our municipal

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affidavit of such admission or his certificate showing the same, together with satisfactory evidence of good moral character and a recommendation from a judge before whom he last practiced, may be deemed sufficient to entitle him to admission to practice in all the courts of this state.

3. The examiners will not be expected to go very much at large into the details of these subjects, but only sufficiently so fairly to test the extent of the applicant's knowledge and the accuracy of his understanding of those subjects and books which he has studied.

4. Examination by Committee-When the examination is completed and reduced to writing, the examiners will return it to this court, accompanied by their certificate showing whether or not the applicant is of good moral character and has attained his majority, and is a bona fide resident of this state. Such certificate shall also contain the facts that the applicant was examined in the presence of the committee; that he had no knowledge or intimation of the nature of any of the questions to be propounded to him before the same were asked by the committee, and that the answers to each and all the questions were taken down as given by the applicant without reference to any books or other outside aid.

5. Fee to be Deposited Before Examination-The fee of thirty-five dollars for license must in all cases be deposited with the clerk of the court before the application is made, to be returned to the applicant in case of rejection.

6. Oath of Attorney-In addition to the constitutional oath or affirmation, attorneys, before being admitted to practice, shall take the following oath or affirmation:

1. That I will maintain the respect due to courts of justice and judicial officers;

2. That I will counsel and maintain such

10. The course and duration of the appli- actions, proceedings, and defenses only, as cant's studies.

Admission of Attorneys from Other Jurisdictions-One who has been admitted upon a creditable examination in any other state, territory, or foreign country requiring such examination, where the common law of England is the basis of jurisprudence, may apply to be licensed in this state, provided his

appear to me legal and just; except the defense of a person charged with a public offense;

3. To employ for the purpose of maintaining the causes confided to me, such means only as are consistent with truth, and never to seek to mislead the judge by any artifice or false statement of facts or law;

4. That I will maintain inviolate the confidence and, at every peril to myself, preserve the secrets of my client;

5. That I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;

6. That I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed. So help me God. (As amended, October 25, 1911.)

RULE II.

Filing Transcript-The transcript of the record on appeal shall be filed within thirty (30) days after the appeal has been perfected and the statement settled, if there be one. (As amended, October 25, 1911.)

RULE III.

1. Appeal may be Dismissed-Can be Restored-If the transcript of the record be not filed within the time prescribed by rule II, the appeal may be dismissed on motion without notice. A cause so dismissed may be restored during the same term, upon good cause shown, on notice to the opposite party; and, upon good cause shown, on notice to the opposite party and, unless so restored, the dismissal shall be final and a bar to any other appeal from the same order or judg

ment.

2. How Restored-On such motion there shall be presented the certificate of the clerk below, under the seal of the court, certify ing the amount or character of the judgment; the date of its rendition; the fact and date of the filing of the notice of appeal, together with the fact and date of service thereof on the adverse party, and the character of the evidence by which said service appears; the fact and date of the filing of the undertaking on appeal; and that the same is in due form; the fact and time of the settlement of the statement, if there be one; and also that the appellant has received a duly certified transcript, or that he has not requested the clerk to certify to a correct transcript of the record, or, if he has made such request, that he has not paid the fees therefor, if the same have been demanded. (As amended, October 25, 1911.)

RULE IV.

1. Printed Transcripts-All transcripts of record in civil cases, when printed, shall be printed on unruled white paper, ten inches long by seven inches wide, with a margin on the outer edge of not less than one inch. The printed page shall not be less than seven inches long and three and one-half inches wide. The folios, embracing ten lines each, shall be numbered from the commencement to the end, and the numbering of the folios shall be printed between lines or on the mar

gin. Nothing smaller than minion type leaded shall be used in printing.

2. Transcripts in Criminal Cases-Transcripts in criminal cases may be printed in like manner as prescribed for civil cases; or, if not printed, shall be written on one side only of transcript paper, sixteen inches long by ten and one-half inches in width, with a margin of not less than one and one-half inches wide, fastened or bound together on the left sides of the pages by ribbon or tape, so that the same may be secured, and every part conveniently read. The transcript if written, shall be in a fair, legible hand, and each paper or order shall be separately inserted.

3. To be Indexed-The pleadings, proceedings, and statement shall be chronologically arranged in the transcript, and each transcript shall be prefaced with an alphabetical index, specifying the folio of each separate paper, order, or proceeding, and of the testimony of each witness; and the transcript shall have at least one blank fly-sheet cover.

4. Cannot be Filed-No record which fails to conform to these rules shall be received or filed by the clerk of the court. (As amended, October 25, 1911.)

RULE V.

Printing Transcripts-The written transcript in civil causes, together with sufficient funds to pay for the printing of the same, may be transmitted to the clerk of this court. The clerk, upon the receipt thereof shall file the same and cause the transcript to be printed, and to a printed copy shall annex his certificate that the said printed transcript is a full and correct copy of the transcript furnished to him by the party; and said certificate shall be prima facie evidence that the same is correct. The said printed copy so certified shall also be filed, and constitute the record of the cause in this court, subject to be corrected by reference to the written transcript on file.

RULE VI.

1. Cost of Typewriting or Printing Transcripts-The expense of printing or typewrit ing transcripts, affidavits, briefs, or other papers on appeal in civil causes and pleadings, affidavits, briefs, or other papers constituting the record in original proceedings upon which the case is heard in this court, required by these rules to be printed or typewritten, shall be allowed as costs, and taxed in bills of costs in the usual mode; provided. that no greater amount than twenty-five cents per folio of one hundred words shall be taxed as costs for printing, and no greater amount than twelve and one-half cents per folio for one copy only shall be taxed as costs for typewriting. All other costs to be taxed by the clerk in accordance with the fee bill.

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