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OF

CASES ARGUED AND DETERMINED

IN THE

SUPREME COURT

OF

MONTANA TERRITORY,

FROM

THE JANUARY TERM, 1886, TO AND INCLUDING THE
JANUARY TERM, 1887.

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Entered according to Act of Congress in the year eighteen hundred and eighty-seven,

BY CORNELIUS HEDGES,

in the office of the Librarian of Congress, at Washington, D. C.

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ATTORNEYS AND COUNSELORS AT LAW

Licensed and admitted since January Term, 1885.

ADAMS, ILO W. BUTLER, EDMOND. BOTKIN, ALEX. C. BOARMAN, J. R. BROOKE, LEE DAVIS. BENEDICT, L. O.

LANDERS, WILLIAM. LONERGAN, Wм. E. LUCE, JOHN A.

MCHATTON, JOHN J.

MCINTYRE, SIDNEY H.

BURLEIGH, H. J.

BURTON, Z. T.

BRADY, THOS. E.

BACHELDER, THOS. C.
CLARKE, ALBERT G., JR.
CRAVEN, EDWIN W.
CAMPBELL, THOMPSON.
CLEMENTS, JAMES M.
DARLING, SAMUEL W.
FOOTE, GEORGE B.
GOODMAN, EDW. H.
GREEN, GEORGE D.
HAMILTON, L. J.
HOWEY, ROBT. H.
HOLMES, THOMAS C.
HIGGINS, FRANCIS G.
JOYES, THOMAS.
KREIDLER, Edw. A.
KINSLEY, J. W.

MCINTYRE, HENRY G.

MCINTYRE, FRANCIS N. MULLIN, FRANK. MARKLEY, A. W. MURRAY, S. G.

MILLER, JESSE K. MEYER, WM. F. MILBURN, GEO. R. MARTIN, JOHN P. MORRILL, HERBERT L. MATHESON, JOHN D. NOWLAN, CORNELIUS B. O'CONNOR, HENRY. SPROULE, G. W. STANTON, JOHN W. SMITH, FRANK E. TAYLOR, GEO. W. WHITEHILL, J. R.

WEBSTER, FRANK C.

RULES OF THE SUPREME COURT.

COMPILED FROM THE RECORDS.

RULE FIRST.

In all cases where an appeal is perfected and the statement (if there be one) settled twenty days before the commencement of the next succeeding term of this court, the transcript of record shall be filed on or before the first day of such term.

RULE SECOND.

If the transcript of the record is not filed within the time prescribed, the appeal may be dismissed, on motion, upon satisfactory evidence of such omission. A cause so dismissed may be restored during the same term, upon good cause shown, on notice to the respondent.

RULE THIRD.

On such motion to dismiss the appeal there shall be presented the certificate of the court below, under the seal of the court, certifying the amount or character of the judgment or order appealed from; the date of its rendition; the fact and date of the filing of the notice of appeal ; the fact and date of filing the undertaking on appeal; the fact and time of settlement of the statement, if there be one, and also that the appellant has received a duly certified transcript, or that such transcript has not been requested by appellant; or, if requested, that appellant has not paid the fees therefor, if such payment has been demanded.

RULE FOURTH.

All transcripts of records hereafter sent to this court shall be on paper of uniform size, according to a sample to be furnished by the clerk of this court, with a blank margin one and a half inches wide at the top, bottom and side of each page, and all pleadings, proceedings and evidence shall be chronologically arranged, and the pages of the transcript shall be numbered, and but one side of the leaves shall be written upon.

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