NORTHWESTERN REPORTER, VOLUME 177 JUDGES OF THE COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME RULES OF PRACTICE OF THE SUPREME COURT OF RULE I. Revised March, 1920 CLERK-DUTIES OF NOTICE OF ARGUMENT OR NOTE OF ISSUE NOT NECESSARY-SETTING OF CASES AND NOTICE. 1. The clerk shall judgment or order or proceeding which it is sought to review and the errors which the relator claims. The writ shall be likewise entitled, shall refer to the order or judgshall state the errors which are claimed, ment or proceeding sought to be reviewed, shall issue in the name of the state on the relation of the petitioner, and shall direct a return of the proceedings to this court. The keep a general docket or register, in which he shall enter the title of all actions and proceedings, including the names of the parties and the attorneys or solicitors by whom they prosecute or defend, and he shall en-writ and petition shall be served upon the ter thereunder, from time to time, of the proper dates, brief notes of all papers filed and all proceedings had therein; the issuing of writs and other process and the return thereof; the court or officer to whom directed; the return of any court, officer or other person thereto; the filing of any bond or other security, and the issuing of a certificate of supersedeas, and of all orders and judgments in any action or proceeding, whether of course or on motion; also proper references to the number of all papers and proceedings. 2. He shall also keep a judgment book, in which he shall enter all judgments; the names of the parties thereto, plaintiff and defendant; the date of the judgment, its number, the amount thereof, if the recovery of money or damages is included therein, and the amount of costs, which record shall be properly indexed. 3. He shall keep a court journal, in which he shall enter, from day to day, brief minutes of all proceedings in court. 4. He shall file all papers presented to him; endorse thereon the style of the action, its number, the character of the paper and date of filing; and, after filing, no paper shall be taken from the office unless by order of the court or a judge thereof. 5. No notice of argument or note of issue is necessary to entitle a cause to be heard. Each appeal will, on the filing of the printed record and appellant's brief, be set for argument, or submission on briefs, as the case may be, by the court, and the clerk will give prompt notice of the date thereof to the respective attorneys. 6. Certiorari-Title of Cause. The petition for a writ of certiorari, when issued from this court and directed to a lower court or a judge thereof, shall be entitled in the case or proceeding in which the writ is sought, shall definitely and briefly state the 177 N.W. court or judge to which it is directed and upon the adverse party in interest. The court or judge shall make return thereto. In this court the style of the case under review shall be as in the court below. If the plaintiff below is the relator he shall be designated in this court as plaintiff and relator and the defendant shall be designated as defendant and respondent; and if the defendant is the relator he shall be designated in this court as defendant and relator and the plaintiff shall be designated as plaintiff and respondent. When the writ is directed to a court, or officer or tribunal acting judicially, to review a proceeding in which the adversary parties are not designated as plaintiff and defendant, the title of the action or proceeding below shall be preserved in this court. In no case when the writ is directed to a court or other tribunal shall the title appear as State ex rel. the relator against such court, officer or tribunal; but the writ shall issue in the name of the state upon the relation of the relator and shall be directed to such court, officer or tribunal and direct a return of the proceedings. Records and briefs shall be printed and served, unless the order directing the writ or a subsequent order otherwise provides, as now prescribed by rule 8; and upon the return day of the writ the court will fix the date of argument. The attendance of counsel on the return day is unnecessary; but a suggestion may be made by letter or otherwise as to the desired date of argument. Costs shall be taxed for or against the adversary parties but not for or against the court or a judge thereof. RULE II. MOTIONS-EIGHT DAYS' NOTICE. Applications or motions for special relief will be heard only upon eight days' notice given (vii) the adverse party, and when not based upon the records and files shall be accompanied with the papers upon which they are founded. RULE III. Appellant to file essential parts of original record ten days before argument. 1. Appellant shall designate in writing to the clerk of the district court what part of the original record he deems essential to the questions presented on the appeal, and cause return thereof to be made as required by law ten days before the day set for the argument of the cause in this court. (Note-When original papers have been prematurely sent to the Supreme Court they will be returned to district court upon the written request of either party.) RULE IV. DEFECTIVE RETURN-PROCURING ADDITION AL PAPERS. If the returns made by the clerk of the court below is defective and all papers, exhibits, orders or records neces sary to an understanding or decision of the case are not transmitted, either party may, on an affidavit specifying the defect or omission, apply to a justice of this court for an order requiring the district clerk to make further return and supply the defect or omis sion without delay. RULE V. ENDORSEMENT OF RETURN BY CLERK OF DISTRICT COURT. The clerk of the district court shall endorse upon each return to this court the name and postoffice address of the judge presiding in the lower court and of the attorneys for the respective parties. RULE VI. ORIGINAL PAPERS-PROCURING ORDER FOR TRANSMISSION TO APPELLATE COURT. Whenever it is deemed necessary to the decision of any cause that any original paper or papers be inspected by this court, which paper or papers were used on the trial below, but for any reason, whether because copies were substituted for the originals or otherwise, they are not on file, a justice of this court may, ex parte, make such order for the transmission, safe keeping and return of such paper or papers as he deems proper. All exhibits sent to the clerk of this court shall have endorsed thereon the title of the case to which they belong. All original exhibits, maps and diagrams sent to the clerk of this court by the clerk of the court below, will in all cases be returned with the remittitur, all models will be so returned when necessary on a new trial, but where the decision of the court is final and no new trial is to be had, such models will be destroyed by the clerk of this court, unless called for by the parties within thirty days after final decision is rendered. RULE VII. WRIT OF ERROR-GIVING NOTICE OF. On the issuance from this court of a writ of error, the plaintiff in error in such writ shall give notice in writing to the attorney general and the county attorney of the county in which the action is triable, within ten days after the issuing of such writ, that such writ has been sued out. RULE VIII. PRINTING, SERVICE AND FILING RECORD AND BRIEFS-PENALTY. 1. The appellant, or party removing a cause to this court shall, within sixty days from the date of service of the notice of appeal upon opposing counsel, serve upon the opposite party the printed record, and his assignments of error and brief, and file with the clerk of this court, ten copies of each thereof; and within thirty days from such service upon him, the respondent shall serve his brief and file with the clerk ten copies thereof. Appellant may reply in typewritten or printed form within ten days thereafter, and in any event at least three days before the day set for the The reply shall be argument of the cause. limited strictly to a concise answer to new points made by respondent, and whether typewritten or printed, shall comply with the rules respecting form and size. The failure of appellant to comply with this rule in respect to printing and serving the record and his brief, and filing the same with the clerk of this court, within the time stated-which time cannot be extended by stipulation-will be deemed an abandonment of the appeal, and the order or judgment appealed from will be affirmed or the appeal dismissed as the court may deem proper. If not sooner applied for by respondent under rule XI, such dismissal or affirmance will be entered by the ex parte order of the court in all pending appeals so in default at the time causes are set for argument. 2. The record and briefs must be printed and the folios of the record distinctly numbered in the margin. The record shall consist of the pleadings, the findings or verdict, the order or judgment appealed from, the reasons of the trial court for the decision, if any, the notice of appeal and in cases where the sufficiency of the evidence is not involved, such abridgment of the settled case as will clearly and fully present the questions arising on the appeal. All matters in the return not necessary to a full presentation of the questions raised by the appeal shall be excluded from the printed record, and to that end the material testimony may be printed in narrative form, immaterial parts thereof omitted, and documentary evidence condensed. If the respondent deems the record so printed not sufficiently full to present properly the merits of the appeal, he may |