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OF THE COURTS REPORTED DURING THE PERIOD COVERED
BY THIS VOLUME
COLORADO—Supreme Court. WILLIAM H. GABBERT, CHIEF JUSTICE.
IDAHO-Supreme Court. ISAAC N. SULLIVAN, CHIEF JUSTICE.
SUPREME COURT COMMISSIONERS.
Division No. 1.
Division No. 2.
Division No. 3.
Division No. 4.
Division No. 5.4
Division No. 6.3
KANSAS-Supreme Court. WILLIAM A. JOHNSTON, CHIEF JUSTICE.
1 J. D. Murphy served as judge pro tem, > Resigned. • Appointed January 5, 1916.
• Term expired October 1, 1915. * Term expired January 15, 1916.
SUPREME COURT OF NEVADA
Adopted September 1, 1879, with Amendments of October 25, 1911,
Which Became Effective April 1, 1912
j affidavit of such admission or his certificate 1. Applicants for license to practice as at
showing the same, together with satisfactory torneys and counselors will be examined in evidence of good moral character and a recopen court on the first day of the term.
ommendation from a judge before whom he 2. Examination for Attorney at Law—The last practiced, may be deemed sufficient to Supreme Court, upon application of the dis- / entitle him to admission to practice in all trict judge of any judicial district, will ap- the courts of this state. point a committee to examine persons apply
3. The examiners will not be expected to ing for admission to practice as attorneys go very much at large into the details of and counselors at law. Such committee will these subjects, but only sufficiently so fairly consist of the district judge and at least two to test the extent of the applicant's' knowlattorneys resident of the district.
edge and the accuracy of his understanding The examination by the committee so ap- of those subjects and books which he has pointed shall be conducted and certified ac
ducted and certified ac studied. cording to the following rules:
4. Examination by Committee-When the Examination by Committee-The appli- examination is completed and reduced to cant shall be examined by the district judge writing, the examiners will return it to this and at least two others of the committee,
court, accompanied by their certificate showand the questions and answers must be re
ing whether or not the applicant is of good duced to writing.
moral character and has attained his maNo intimation of the questions to be asked
jority, and is a bona fide resident of this must be given to the applicant by any mem
state. Such certificate shall also contain the ber of the committee previous to the exami- | facts that the applicant was examined in the nation.
presence of the committee; that he had no Examination to Embrace-The examina
knowledge or intimation of the nature of tion shall embrace the following subjects:
any of the questions to be propounded to him 1. The history of this state and of the before the same were asked by the comUnited States;
mittee, and that the answers to each and all 2. The constitutional relations of the state the questions were taken down as given by and federal governments;
the applicant without reference to any books 3. The jurisdiction of the various courts or other outside aid. of this state and of the United States;
5. Fee to be Deposited Before Examina4. The various sources of our municipal Tion—The fee of thirty-five dollars for 11law;
cense must in all cases be deposited with the 5. The general principles of the common
clerk of the court before the application is law relating to property and personal rights
made, to be returned to the applicant in case and obligations;
of rejection. 6. The general grounds of equity jurisdic 6. Oath of Attorney-In addition to the tion and principles of equity jurisprudence; constitutional oath or affirmation, attorneys,
7. Rules and principles of pleadings and before being admitted to practice, shall take evidence;
the following oath or affirmation: 8. Practice under the Civil and Criminal 1. That I will maintain the respect due to Codes of Nevada;
courts of justice and judicial officers; 9. Remedies in hypothetical cases;
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.
| appear to me legal and just; except the deAdmission of Attorneys from Other Juris-fense of a person charged with a public ofdictions—One who has been admitted upon a fense; creditable examination in any other state, 3. To employ for the purpose of maintainterritory, or foreign country requiring such ing the causes confided to me, such means examination, where the common law of Eng- only as are consistent with truth, and never land is the basis of jurisprudence, may ap- to seek to mislead the judge by any artifice ply to be licensed in this state, provided his / or false statement of facts or law;
4. That I will maintain inviolate the confi- gin. Nothing smaller than minion type leaddence and, at every peril to myself, preserve ed shall be used in printing. the secrets of my client;
2. Transcripts in Criminal Cases-Tran5. That I will abstain from all offensive scripts in criminal cases may be printed in personality, and advance no fact prejudicial like manner as prescribed for civil cases; or, to the honor or reputation of a party or wit- if not printed, shall be written on one side ness, unless required by the justice of the only of transcript paper, sixteen inches long cause with which I am charged ;
by ten and one-half inches in width, with a 6. That I will never reject, from any con- margin of not less than one and one-half sideration personal to myself, the cause of inches wide, fastened or bound together on the defenseless or oppressed. So help me the left sides of the pages by ribbon or tape, God. (As amended, October 25, 1911.) so that the same may be secured, and every
part conveniently read. The transcript if RULE II.
written, shall be in a fair, legible hand, and
each paper or order shall be separately inFiling Transcript—The transcript of the
serted. record on appeal shall be filed within thirty |
3. To be Indered–The pleadings, proceed(30) days after the appeal has been per
ings, and statement shall be chronologically fected and the statement settled, if there be
arranged in the transcript, and each tranone. (As amended, October 25, 1911.)
script shall be prefaced with an alphabetiRULE III.
cal index, specifying the folio of each sepa
rate paper, order, or proceeding, and of the 1. Appeal may be Dismissed-Can be Re- testimony of each witness; and the transtored-If the transcript of the record be not script shall have at least one blank fly-sheet filed within the time prescribed by rule II, cover. the appeal may be dismissed on motion with 4. Cannot be Filed-No record which fails out notice. A cause so dismissed may be to conform to these rules shall be received restored during the same term, upon good or filed by the clerk of the court. (As amendcause shown, on notice to the opposite par-ed, October 25, 1911.) ty; and, upon good cause shown, on notice to the opposite party and, unless so restored,
RULE V. the dismissal shall be final and a bar to any | Printing Transcripts—The written tranother appeal from the same order or judg. script in civil causes, together with sufficient ment.
funds to pay for the printing of the same, 2. How Restored-On such motion there
may be transmitted to the clerk of this court. shall be presented the certificate of the clerk
The clerk, upon the receipt thereof shall file below, under the seal of the court, certify
the same and cause the transcript to be ing the amount or character of the judgment; printed, and to a printed copy shall anner the date of its rendition; the fact and date
his certificate that the said printed tranof the filing of the notice of appeal, to
script is a full and correct copy of the trangether with the fact and date of service
script furnished to him by the party; and thereof on the adverse party, and the charac
said certificate shall be prima facie evidence ter of the evidence by which said service ap
that the same is correct. The said printed pears; the fact and date of the filing of the
copy so certified shall also be filed, and undertaking on appeal; and that the same
constitute the record of the cause in this is in due form; the fact and time of the set-court subiect to
set | court, subject to be corrected by reference tlement of the statement, if there be one;
e be one; | to the written transcript on file. and also that the appellant has received a duly certified transcript, or that he has not
RULE VI. requested the clerk to certify to a correct
1. Cost of Typewriting or Printing Trantranscript of the record, or, if he has made
scripts—The expense of printing or typewritsuch request, that he has not paid the fees
ing transcripts, affidavits, briefs, or other therefor, if the same have been demanded.
papers on appeal in civil causes and plead(As amended, October 25, 1911.)
ings, affidavits, briefs, or other papers con
stituting the record in original proceedings RULE IV.
| upon which the case is heard in this court, 1. Printed Transcripts--All transcripts of required by these rules to be printed or typerecord in civil cases, when printed, shall be written, shall be allowed as costs, and taxed printed on unruled white paper, ten inches in bills of costs in the usual mode; provided, long by seven inches wide, with a margin on that no greater amount than twenty-five the outer edge of not less than one inch. cents per folio of one hundred words shall be The printed page shall not be less than seven taxed as costs for printing, and no greater inches long and three and one-half inches amount than twelve and one-half cents per wide. The folios, embracing ten lines each, folio for one copy only shall be taxed as shall be numbered from the commenceinent costs for typewriting. All other costs to be to the end, and the numbering of the folios taxed by the clerk in accordance with the fee