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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.

NOVEMBER 17, 1899—FEBRUARY 9, 1900.

ST. PAUL:

WEST PUBLISHING GO.
1900.

COPYRIGHT, 1900,

BY

WEST PUBLISHING COMPANY.

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

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ILLINOIS—Supreme Court.

JAMES H. CARTWRIGHT, CHIEF JUSTICE.
JUSTICES.

ALFRED M. CRAIG. JESSE J. PHILLIPS.
CARROLL C. BOGGS. BENJAMIN D. MAGRUDER.
JACOB W. WILKIN. JOSEPH N. CARTER.

INDIANA—Supreme Court.

JAMES H. JORDAN, CHIEF JUSTICE.1
' JOHN V. HADLEY, CHIEF JUSTICE.’
ASSOCIATE JUSTICES.
JOHN V. HADLEY.2 ALEXANDER DOWLING.
FRANCIS E. BAKER. LEANDER J. MONKS.
JAMES H. JORDAN.

IN DIANA—Appellate Court.
DANIEL W. COMSTOCK, CHIEF JUDGE.a
ULRIC Z. WILEY, CHIEF JUDGE.4

ASSOCIATE JUDGES.
ULRIC Z. WILEY.4 WILLIAM J. HENLEY.
WOODFIN D. ROBINSON. JAMES B. BLACK.
DANIEL W. COMSTOCK.

MASSACHUSETTS—Supreme Judicial Court.

WALBRIDGE A. FIELD, CHIEF JUSTICE.5
OLIVER WEN DELL HOLMES, CHIEF JUSTICE.0

ASSOCIATE JUSTICES.

OLIVER WENDELL HOLMES.° JOHN LATHROP.

MARCUS P. KNOWLTON. JAMES M. BARKER

JAMES M. MORTON. JOHN WILKES HAMMOND.
WILLIAM CALEB LORING.7

NEW YORK—Court of Appeals

ALTON B. PARKER, CHIEF JUDGE.
ASSOCIATE JUDGES. I

JOHN C. GRAY. ALBERT HAIGHT.
DENIS O’BRIEN. CELORA E. MARTIN.
EDWARD T. BARTLETT. - IRVING G. VANN.

OHIO—Supreme Court.

JOSEPH P. BRADBURY, CHIEF J USTICE.8
JOHN A. SHAUCK. CHIEF JUSTICE.9

JUDGES.

JOHN A. SHAUCK.9 JACOB F. BURKE’I‘.

THADDEUS A. MINSHALL. WILLIAM T. SPEAR.

MARSHALL J. WILLIAMS. WILLIAM Z. DAVIS.lo

i t J ti N b r 25, 1899. " Appointed September 12, 1899.

1gigggetIJIIIiefcguestichNIRreIIISSIInZSI 1899. 8 Resigned January 10, 1900. ' Ceased to be Chief Judge November 25, 1899. ° Appointed to succeed Joseph P. Bradbury Juzuary ‘ Became Chief Judge November 25, 1899. 10, 1900. J 5 Deceased July 15, 1899. 1° Appointed January 10, 1900. , | '

e Became Chief Justice September 12, 1899. (im .

COURT

RULES

SUPREME AND APPELLATE COURTS OF INDIANA.‘

Anor'rxn JANUARY 4, 1900, To run: arrac'r Novnmaaa 28, 1900.

APPEALS.

1. If 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, and the appeal shall be held 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 in vacation.

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 giving such notice; if the transcript is not so filed, the notice shall be without efiect.

PREPARATION OF TRANSCRIPTS.

3. The appellant shall cause the transcript to be neatly and securely bound and to be paged at the bottom and the lines of each page to be numbered. He shall also cause marginal notes on each page to be placed on the transcript in their appropriate places, indicating the several parts of the pleadings in the cause, the exhibits, if any, the rulings of the court, and the bills of exceptions. Where the evidence is set out by deposition or otherwise, the name of witness, and whether the examination is direct, cross, or redirect, shall be stated in the margin of each page. The appellant shall also note on the margin all motions and rulings thereon, the instructions given and refused, and shall prepare an index referring to the initial page of the direct, cross and re-examination of each witness and of each pleading, exhibit and other paper in the record, such index to form the first page of the transcript.

ASSIGNMENT OF ERRORS AND CROSS ERRORS.

4. 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

1 For rules as originally adopted, see 27 N. 55N.E.

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submitted, except upon notice and leave applied for in writing, nor shall leave he granted unless it appear that due care and diligence were exercised in the first instance to make the assignment complete.

5. The appellee 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.

PARTIES—PROCESS.

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

NOTICE.

7. Where notice is required under these 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.

APPEARANCES.

8. Appearances shall be entered in the clerk’s ofl‘ice in writing.

9. A joinder in error, or the filing of an answer or brief upon the merits by the party in person, or by his attorney, or an agreement in writing to submit, filed in the clerk’s oflice or indorsed upon the record, shall be deemed an appearance within the above rule. An appearance shall not be withdrawn except on leave and for cause shown.

MOTIONS.

10. On the days on which causes are called in open cOurt motions may be made immedi

E. iv.

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