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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.

MASSACHUSETTS-Supreme Judicial Court.
WALBRIDGE A. FIELD, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
WILLIAM ALLEN.1

MARCUS P. KNOWLTON.
CHARLES ALLEN.

JAMES M. MORTON.
OLIVER WENDELL HOLMES, JR. JOHN LATHROP,

JAMES M. BARKER.

NEW YORK-Court of Appeals.
WILLIAM C. RUGER, CHIEF JUDGE.

ASSOCIATE JUDGES.
CHARLES ANDREWS.

RUFUS W. PECKHAM.
ROBERT EARL.

JOHN C. GRAY.
FRANCIS M. FINCH.

DENIS O'BRIEN.

Second Division.
DAVID L. FOLLETT, CHIEF JUDGE.

ASSOCIATE JUDGES.
GEORGE B. BRADLEY.

CHARLES F. BROWN.
ALBERT HAIGHT.

ALTON B. PARKER.
JOSEPH POTTER.

IRVING G. VANN.

OHIO-Supreme Court.
MARSHALL J. WILLIAMS, CHIEF JUSTICE.

JUDGES.
WILLIAM T. SPEAR.

JOSEPH P. BRADBURY.
FRANKLIN J. DICKMAN.

THADDEUS A. MINSHALL

INDIANA-Supreme Court.
WALTER OLDS, CHIEF JUSTICE, Nov. Term, 1890.
SILAS D. COFFEY, CHIEF JUSTICE, May Term, 1891.

ASSOCIATE JUDGES,
BYRON K. ELLIOTT.

ROBT. W. MCBRIDE.
JOHN D. MILLER.

Appellate Court.
JAMES B. BLACK, CHIEF JUDGE, Nov. Term, 1890
JEPTHA D. NEW, CHIEF JUDGE, May Term, 1891.

ASSOCIATE JUDGES.
MILTON S. ROBINSON.

GEORGE L. REINHARD
EDGAR D. CRUMPACKER.

ILLINOIS-Supreme Court.
JOHN SCHOLFIELD, CHIEF JUSTICE.

JUSTICES
ALFRED M. CRAIG.

SIMEON P. SHOPE.
BENJAMIN D. MAGRUDER JOSEPH M. BAILEY.
DAVID J. BAKER.

JACOB W. WILKIN

1 Deceased.

(iii)

598143

COURT RULES.

APPELLATE COURT OF INDIANA.

APPEALS.

NOTICE. 1. When an appeal is taken in term-time, 5. Where notice is required under thes but the transcript is not filed in the office rules, and it is not otherwise provided by of the clerk within the time limited, the them, or not otherwise provided by law, appeal as of term shall be deemed to be ten days' notice shall be deemed to be inabandoned. If a transcript is filed in the teuded and required, but this rule shall clerk's office witbin the time allowed by not apply to cases where express provision law, but after the time limited for appeals is made by law or by these rules for in term, the appeal shall be deemed to be notice. taken as of the time the transcript is filed,

PARTIES-PROCESS. and shall be governed as to notice and like

6. The assignment of errors shall conmatters by the rules and practice govera

tain the full names of the parties, and proing appeals not taken in term. 2. When an appeal is taken and notice is

cess, when necessary, sball issue accord. given below, the transcript must be filed

ingly.

APPEARANCES. in the clerk's office within sixty days from the time of taking such appeal; if the 7. Appearances shall be entered in the transcript is not so filed, the notice shall clerk's office in writing. be without effect, and the appeal treated 8. A joinder in error, or the filing of an as abandoned. The appellant may, how- answer by the party in person, or by his atever, afterwards, and within the time lim- torney, or an agreementin writing to subited by law, appeal, and in such a case the mit, filed in the clerk's office, or indorsed appeal will be deemed to be taken as of upon the record, shall be deemned an aj. the time the transcript is filed in the clerk's pearance witbin the above rule. An apoffice, and shall be goverued as to notice, pearance shall not be withdrawn except submission, and the like matters by the on leave and for cause shown. rules and practice which govern in ordinary appeals prosecuted under the general

MOTIONS. statutory provisions.

9. On the days on which causes are called ASSIGNMENT OF ERRORS AND CROSS-ERRORA.

in open court, motions may be made im.

mediately after the opiuions of the court 3. The appellant shall, on the transcript, are announced. or upon somo paper attached thereto, 10. General motions shall be made by nake a specific assignment of the errors counsel in such order as may be convenient upon which he relies, and he shall therein at the time to the court, but no counsel properly entitle the cause. Each specifica- | shall be entitled to make more than oue tion of error shall be complete in itself, motion until all other counsel present and shall be properly numbered. Amend. have had an opportunity to present moments of the assignment of errors shall tions. not be made after the cause is submitted, 11. When a motion is founded on a matexcept upon notice and leave applied for in ter of fact, which is not admitted or apwriting, nor sball leave be granted unless parent on the record, it must be supported it appear that due care and diligence were by affidavit. exercised in the first instance to make the 12. Special motions shall be in writing, assignment complete.

and each motion shall state specifically 4. The appellee may, as of right and the ruling desired and the grounds upon without notice, assign cross-errors with- which the motion is based. Where it is in sixty days after the submission of the necessary, the motion shall specifically recause, but, if cross-errors are not assigned fer to the line and page of the record. within that time, then noticesball be given 13. Motions, except such general motions the appellant and leave applied for in writ- as are made in court upon the call of the ing. The application for leave to assign docket, shall be filed with the clerk, accross-errors shall show a satisfactory ex- companied by such affidavits and briefs as cuse for the failure to assign the cross-er- are necessary to support them. Oralargu. rors within sixty days from the time of ments on motions and collateral matters the submission of the cause, or the applica- will not be heard except on leave granted tion will be denied. There shall be no as. upon written request and for cause duly signment of cross-errors allowed unless it shown, but on all motions counsel shall is made within one year from the time the file written or printed briefs, unless the judgment appealed from was rendered. court shall otherwise order.

(iv)

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