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THE

NORTHEASTERN REPORTER,

VOLUME 27,

CONTAINING ALL THE CURRENT DECISIONS OF THE

SUPREME COURTS OF MASSACHUSETTS, OHIO, ILLINOIS, INDIANA,
APPELLATE COURT OF INDIANA, AND THE COURT
OF APPEALS OF NEW YORK.

PERMANENT EDITION.

MAY 1-JULY 17, 1891.

ST. PAUL:
WEST PUBLISHING CO.

1891.

COPYRIGHT, 1891,

BY

WEST PUBLISHING COMPANY.

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

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COURT RULES.

APPELLATE COURT OF INDIANA.

APPEALS.

1. When an appeal is taken in term-time, but the transcript is not filed in the office of the clerk within the time limited, the appeal as of term shall be deemed to be abandoned. If a transcript is filed in the clerk's office within the time allowed by law, but after the time limited for appeals in term, the appeal shall be deemed to be taken as of the time the transcript is filed, and shall be governed as to notice and like matters by the rules and practice governing appeals not taken in term.

NOTICE.

5. Where notice is required under thes rules, and it is not otherwise provided by them, or not otherwise provided by law, ten days' notice shall be deemed to be intended and required, but this rule shall not apply to cases where express provision is made by law or by these rules for notice.

PARTIES-PROCESS.

6. The assignment of errors shall contain the full names of the parties, and process, when necessary, shall issue accordingly.

APPEARANCES.

7. Appearances shall be entered in the clerk's office in writing.

8. A joinder in error, or the filing of an answer by the party in person, or by his at

2. When an appeal is taken and notice is given below, the transcript must be filed in the clerk's office within sixty days from the time of taking such appeal; if the transcript is not so filed, the notice shall be without effect, and the appeal treated as abandoned. The appellant may, however, afterwards, and within the time lim-torney, or an agreement in writing to subited by law, appeal, and in such a case the appeal will be deemed to be taken as of the time the transcript is filed in the clerk's office, and shall be goverued as to notice, submission, and the like matters by the rules and practice which govern in ordinary appeals prosecuted under the general statutory provisions.

ASSIGNMENT OF ERRORS AND CROSS-ERRORS.

3. The appellant shall, on the transcript, or upon some paper attached thereto, make a specific assignment of the errors upon which he relies, and he shall therein properly entitle the cause. Each specification of error shall be complete in itself, and shall be properly numbered. Amendments of the assignment of errors shall not be made after the cause is submitted, except upon notice and leave applied for in writing, nor shall leave be granted unless it appear that due care and diligence were exercised in the first instance to make the assignment complete.

4. The appellée may, as of right and without notice, assign cross-errors within sixty days after the submission of the cause, but, if cross-errors are not assigned within that time, then notice shall be given the appellant and leave applied for in writing. The application for leave to assign cross-errors shall show a satisfactory excuse for the failure to assign the cross-errors within sixty days from the time of the submission of the cause, or the application will be denied. There shall be no assignment of cross-errors allowed unless it is made within one year from the time the judgment appealed from was rendered.

(iv)

mit, filed in the clerk's office, or indorsed upon the record, shall be deemed an ap pearance within the above rule. An appearance shall not be withdrawn except on leave and for cause shown.

MOTIONS.

9. On the days on which causes are called in open court, motions may be made immediately after the opinions of the court are announced.

10. General motions shall be made by counsel in such order as may be convenient at the time to the court, but no counsel shall be entitled to make more than one motion until all other counsel present have had an opportunity to present motions.

11. When a motion is founded on a matter of fact, which is not admitted or apparent on the record, it must be supported by affidavit.

12. Special motions shall be in writing, and each motion shall state specifically the ruling desired and the grounds upon which the motion is based. Where it is necessary, the motion shall specifically refer to the line and page of the record.

13. Motions, except such general motions as are made in court upon the call of the docket, shall be filed with the clerk, accompanied by such affidavits and briefs as are necessary to support them. Oral arguments on motions and collateral matters will not be heard except on leave granted upon written request and for cause duly shown, but on all motions counsel shall file written or printed briefs, unless the court shall otherwise order.

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