RULE XXXV. SERVICE ON ATTORNEY GENERAL WHERE STATE case. The judge may, for good cause, shorten the respective periods hereby fixed. 2. Upon appeal, copies of such bill of exbe forwarded to the proper appellate court, ceptions shall, if requested by the appellant, as in case of other papers constituting the record on appeal. RULE XXXVII. In all criminal cases, and in all other cases where the state or any officer thereof in his official capacity is a party, and in all cases to which any county may be a party, unless the interest of the county is adverse to the state or to some officer thereof acting in his official capacity, no transcript on appeal or brief on behalf of the state or of such county or officer whom the Attorney General is empowered to represent, shall be received or filed without proof of the service of such transcript or brief upon the Attorney General. On such transcript or brief there shall not be printed the name of any person as attorney for the state or for such county or officer of the state, other than the name of the Attorney General, without an order of the court or the written consent of the At-preme Court the transcript of the record torney General first obtained. RULE XXXVI. BILLS OF EXCEPTIONS IN CRIMINAL CASES. 1. When a party in a criminal case desires to have a ruling therein reviewed on appeal, and no statutory method is provided for making such ruling a part of the record, he may present to the judge who made the ruling, or his successor, a bill of exceptions, exhibiting such ruling and the necessary explanations, after serving a copy thereof on the adverse party. The adverse party may present to such judge amendments thereto, after serving the same on the other party. The bill may be presented within thirty days after the ruling and the amendments thereto within ten days after service of the proposed bill. The bill must thereupon be settled by the judge, upon three days' notice to the parties, within sixty days after the ruling complained of, and when so settled it shall be come a part of the record on appeal in such When a petition is filed in the Supreme Court for hearing of a cause decided by a District Court of Appeal, in which the transcript is prepared and filed as prescribed in sections 953a, 953b and 953c, of the Code of Civil Procedure, or in a criminal case, the clerk of the Supreme Court shall immediately send notice that such petition has been filed to the clerk of the District Court of Appeal in which the case was decided, who shall forthwith transmit to the clerk of the Su filed in such case. If the petition is not granted the clerk of the Supreme Court shall return such transcript to the clerk of the proper District Court of Appeal. If it is granted, such transcript shall be filed by the clerk of the Supreme Court. Ordered, that the foregoing rules be and the same are hereby adopted as the rules for the government of the Supreme Court and District Courts of Appeal of the state of California, and for the regulation of practice therein, and that they take effect on the eighteenth day of March, A. D. 1912, and that thereupon the rules heretofore made be abrogated. January 16, 1912. W. H. BEATTY, Chief Justice. F. W. HENSHAW, Justice. AMENDMENTS TO RULES SUPREME COURT OF MONTANA1 It is ordered that the second paragraph of section 2 of Rule XXII of this court (37 Mont. xl, 103 Pac. xiii), referring to the admission of attorneys from other jurisdictions, entitled "Application, How Made," be amended so as to read as follows: It is ordered that paragraph 1 of Rule XXII, referring to the examination of candidates for admission to practice, be amended so as to read as follows: "1. Examinations - When Held-Petition for Examination-Contents.-Examinations of candidates for admission to practice law in the courts of this state will be held in open court in the courtroom, at 10 o'clock a. m., on the first Wednesday after the first Tuesday of June and December of each year. Any person desiring to enter for examination must, at least ten days prior to the date of such examination, file with the clerk his verified petition setting forth that he is a citizen of the United States and a resident of this state, of the age of twenty-one years. He shall also file with his petition a certificate of two reputable counselors at law of this state (or the affidavits of two nonresident attorneys) that he has been engaged in the study of law for two successive years prior to making his application. He shall tion 6385, Revised Codes, 1907, shall show," good moral character, which must be satisalso file with his petition testimonials of his "Application, How Made.-A candidate for admission may make application at any time by filing a petition with the clerk, accompanied by the certificate hereinafter specified, and evidence of his good moral character. The clerk shall forthwith deliver the petition and other papers to the attorney general. If upon examination by him he is satisfied that the applicant is prima facie entitled to admission, he shall thereupon notify the applicant when the court will hear the application. The applicant need not appear until the motion for admission is made. All applications must be made upon motion of the attorney general or one of his The petition shall be verified and, in addition to the facts recited in sec assistants. etc. The above paragraph of Rule XXII, as amended, shall be in full force and effect from and after sixty days from this date. Promulgated June 22, 1911. factory to the court. If such testimonials are furnished by others than attorneys of this state, they must be in the form of affidavits." Promulgated November 28, 1911. 1 For rules of the Supreme Court of the state of Montana, see 37 Mont. xxiii, 103 Pac. vii, 110 Pac. vi. Bevis Rock Salt Co., Swan v. (Kan.). 871 661 674 388 586 354 614 Allen, Western Union Tel. Co. v. (Okl.).. 981 American Well & Prospecting Co. v. Spear Anderson v. Metropolitan St. R. Co. (Kan.) 379 Black, R. M. Cobban Realty Co. v. (Mont.)1127 524 839 .1127 451 183 202 Blyth. Oregon Short Line R. Co. v. (Wyo.) 875 Board of Com'rs of Ada County, Fenton v. (Idaho) 41 Anglo-Californian Bank, Wright v. (Cal.) 651 Apt. Mountz v. (Colo.). 150 Architectural Decorating Co. v. Nicklason (Wash.) Board of Com'rs of Kootenai County, Dart v. (Idaho) 52 177 Arkansas Val. Lumber Co., Central Lumber Co. v. (Kan.). Board of Com'rs of Muskogee County v. Hart (Okl.) 132 321 Board of Com'rs of Payne County, Stillwater Advance Printing & Publishing Co. v. (Okl.) 1002 Board of Com'rs of Rawlins County, Robertson v. (Kan.) 316 Arnold v. California Standard Portland Cement Co. (Cal.).. 913 Arnold v. Chicago, R. I. & P. R. Co. (Kan.) 373 Arnold v. Idiker (Okl.). Board of County Com'rs, Independent School Dist. No. 1 of Kootenai County v. (Idaho) 52 125 356 Atchison, T. & S. F. R. Co., Edwards v. Bonds of South San Joaquin Irr. Dist., In re (Cal.). . . . 198 (Kan.) 872 Borello, People v. (Cal.) 500 Atchison, T. & S. F. R. Co. v. Love (Okl.) Atchison, T. & S. F. R. Co. v. Robinson (Okl.) Atchison, T. & S. F. R. Co., Saunders v. (Kan.) 552 Boynton, City of Long Beach v. App.) (Cal. 677 Atchison, T. & S. F. R. Co. v. State (Okl.) Atlas Mill. Co., French v. (Cal. App.)... 203 206 549 Brandt v. Salomonson (Cal. App.) Brashear v. State (Okl. Cr. App.). Braziel v. State (Okl. Cr. App.). 946 .1129 .1128 Brisley v. Mahaffey (Okl.). Brisson, Farwell v. (Wash.). Broadbent v. Keith (Cal. App.). Brown v. Rogers (Wash.).. Brown v. State (Okl. Cr. App.). Brown v. State (Okl. Cr. App.) Brown, State v. (Okl. Cr. App.) Bruce v. Ketcham (Okl.). .1128 814 939 .1135 447 .1128 1133 124 Bank of Taft v. Thompson (Okl.). 124 Barbree v. Kingsbury (Cal. App.). Barker v. Sartori (Wash.). 107 Bryan, St. Louis & S. F. R. Co. v. (Okl.) 581 611 Bryan v. Sullivan (Okl.). 124 Cambron, Columbia Savings & Loan Ass'n v. (Colo.) 152 Cameron & Co., Maloy v. (Okl.) Campbell v. Moran (Cal.).. Campbell v. Winslow Lumber Co. Campbell Lumber Co., Alberg v. Canady v. State (Okl. Cr. App.). Canutt, Adams v. (Wash.) Carothers' Estate, In re (Cal.). Carpenter v. Sibley (Cal. App.). Carpenter v. State (Okl. Cr. App.). Carrigan v. Bowman (Utah). Carrothers, Griffith v. (Kan.) 587 89 Cole v. Spokane Gas & Fuel Co. (Wash.) 831 60 152 (Wash.) 832 (Wash.) 6 .1129 Combs, William Hanley Co. v. (Or.). 333 Commonwealth Nat. Bank, Steward V. (Okl.) 216 865 Compton, Eldridge v. (Okl.) 926 Cone v. Eldridge (Colo.). 616 Dempsey V. United Wireless Tel. Co. (Wash.) 1 City of Everett, Rucker Bros. v. (Wash.) 807 Denning, Readicker v. (Kan.). 533 .1122 670 De Vries' Estate, In re (Cal. App.). 109 204 267 City of Pawhuska v. Rush (Okl.). 239 City of Perry, Jacobs v. (Okl.). 243 City of Seattle, In re (Wash.). 5 City of Seattle, In re (Wash.) 798 City of Seattle, In re (Wash.).. 852 City of Seattle, Casassa v. (Wash.).. 13 District Court of Silver Bow County, City of Seattle, Metropolitan Bldg. Co. v. (Wash.) City of Spokane, Blair v. (Wash.) City of Spokane, Nicholls v. (Wash.). 842 Dodge, Krutz v. (Wash.) 188 City of Tacoma, Wood v. (Wash.) 859 Doe, Hawkins v. (Or.). 754 City of Woodburn, Bachelors' Club v. Donnelly v. Cuhna (Or.). 331 (Or.) 339 Doran, Gosewisch v. (Cal.), 656 City of Woodward v. Raynor (Okl.). 964 Dosbaugh Nat. Bank v. Jelf (Kan.) 538 Clark, Cohen v. (Mont.). Clausen. State v. (Wash.). Clemmer, Hollenbaek v. (Wash.). .1114 Douglass v. Loftus (Kan.). 74 Cleveland Trinidad Pav. Co. v. Wood (Okl.) 123 Dozier, Marsiglia v. (Cal.) 505 Clopton v. Clopton (Cal.).. 651 Drew v. Butte (Mont.).. 279 Cloyd v. State (Okl. Cr. App.). ..1125 Duley v. Peacock (Cal. App.) 1086 Cobb & Co. v. Hancock (Okl.). |