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COPYRIGHT, 1914

BY
WEST PUBLISHING COMPANY

COPYRIGHT, 1915

BY
WEST PUBLISHING COMPANY

(169 S.W.)

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD

COVERED BY THIS VOLUME

ARKANSAS-Supreme Court.
EDGAR A. McCULLOCH, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
CARROLL D. WOOD.

WILLIAM F. KIRBY.
JESSE C. HART.

FRANK SMITH.

KENTUCKY_Court of Appeals.
J. P. HOBSON, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
JOHN D. CARROLL.

C. C. TURNER.
W. E. SETTLE.

J. B. HANNAH.
SHACKELFORD MILLER.

C. S. NUNN.

COMMISSIONER OF APPEALS.
WILLIAM ROGERS CLAY.

MISSOURI—Supreme Court.
HENRY LAMM, CHIEF JUSTICE.

Division No. 1.
AROHELAUS M. WOODSON, PRESIDING JUDGE.

ASSOCIATE JUDGES.
HENRY LAMM.

W. W. GRAVES.
HENRY W. BOND.

Division No. 2.
ROBERT F. WALKER, PRESIDING JUDGE.

ASSOCIATE JUDGES.
CHAS. B. FARIS.

JOHN C. BROWN.

SUPREME COURT COMMISSIONERS.
JAMES T. BLAIR.

REUBEN F. ROY.
STEPHEN S. BROWN.

FRED L. WILLIAMS.

The St. Louis Court of Appeals.
GEORGE D. REYNOLDS, PRESIDING JUDGE.

ASSOCIATE JUDGES.
ALBERT D. NORTONI.

WILLIAM H. ALLEN.

The Kansas City Court of Appeals.
JAMES ELLISON, PRESIDING JUDGE.

ASSOCIATE JUDGES.
J. M. JOHNSON.

FRANCIS H. TRIMBLE.

The Springfield Court of Appeals.
W. R. ROBERTSON, PRESIDING JUDGE.

ASSOCIATE JUDGES.
JOHN S. FARRINGTON.

JOHN T. STURGIS.

TENNESSEE—Supreme Court.
M. M. NEIL, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
A. S. BUCHANAN.

SAMUEL C. WILLIAMS. D. L. LANSDEN.1

GRAFTON GREEN.
WALTER W. FAW.2

TEXAS–Supreme Court.

THOMAS J. BROWN, CHIEF JUSTICE.

ASSOCIATE JUSTICES. NELSON PHILLIPS.

WILLIAM E. HAWKINS.

Court of Criminal Appeals.
A. O. PRENDERGAST, PRESIDING JUDGE.

JUDGES.
W. L. DAVIDSON.

A. J. HARPER.

Courts of Civil Appeals.

First District.
R. A. PLEASANTS, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
T. S. REESE.

S. A. McMEANS.
Second District.
T. H. CONNER, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
OCIE SPEER.3

IRBY DUNKLIN.
R. H. BUCK.4

Third District.
W. M. KEY, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
B. H. RICE.

C. H. JENKINS.
Fourth District.
W. S. FLY, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
A. N. MOURSUND.

J. F. CARL.
Fifth District.
ANSON RAINEY, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
J. M. TALBOT.

CHAS. A. RASBURY.
Sixth District.
SAMUEL P. WILLSON, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
RICHARD B. LEVY.

WM. HODGES.
Seventh District.
S. P. HUFF, CHIEF JUSTICE,

ASSOCIATE JUSTICES.
H. G. HENDRICKS.

R. W. HALL
Eighth District.
J. R. HARPER, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
J. F. MCKENZIE.5

E. F. HIGGINS.
A. M. WALTHALL.6

1 Absent on account of illness.
• Commissioned September 5, 1914, to serve during

the disability of D. L. Lansden. • Rosigned November 3, 1914.

• Elected November 3. 1914. • Resigned October 8, 1914. Elected November, 1914.

AMENDMENTS TO RULES

COURT OF APPEALS OF KENTUCKY :

Adopted May 26, 1914

The Act of 1914 REGULATING THE JURISDICTION OF THE COURT AND THE RULE

OF THE COURT RELATING THERETO

The court has thought it advisable to pub- should not be granted, the motion shall be overlish for the benefit of the profession the Act ruled without a written opinion. of 1914 regulating the jurisdiction of the RULE NO. XX. Regulating appeals in court together with the rule of the court that

civil cases when amount in controversy, exwill be applicable to cases in which an appeal

clusive of interest and costs, is as much as is not allowed as a matter of right.

| $200 and less than $500. If a party desires $1. An appeal may be taken to the Court to prosecute an appeal from a judgment for of Appeals as a matter of right from the judga

the recovery of money or personal property, ment of the circuit court in all cases in which the title to land or the right to an easement

sement or to enforce a lien thereon, in cases where therein, or the right to enforce a statutory lien the value in controversy is as much as $200, thereon is directly involved, but no appeal shall exclusive of interest and costs, but less than be taken to the Court of Appeals as a matter of right from a judgment for the recovery of

$500, he must prepare and file his record money or personal property, or any interest in the clerk's office of this court in the time therein, or to enforce any lien thereon, if the and manner now provided by law, and mav value in controversy be less than five hundred

supersede the judgment by executing bond dollars, exclusive of interest and costs; nor to reverse a judgment granting a divorce, or pun

before the clerk of this court as in other ishing contempt; nor from any order or judg cases when appeals are prayed in this court. ment of the county court, except in actions for Briefs must be filed, as provided by the rules the division of land and allotment of dower; l of the court, and there must accompany the nor from an order or judgment of the quarterly, police, fiscal or justices' court; nor fro

record a written motion of the appellant bond baving the force of a judgment. In all asking the court to grant an appeal. The other civil cases the Court of Appeals shall case will be put on the docket in the same have appellate jurisdiction over the final orders and judgments of the circuit courts: Pro

manner and called at the same time as other vided, however, that the Court of Appeals may

cases, and will receive the same consideragrant an appeal when it is satisfied from an tion. If, on considering the case, it appears examination of the record that the ends of jus to the court that error was committed by the tice require that the judgment appealed from

lower court prejudicial to the substantial should be reversed; or when the construction or validity of a statute or the construction of a rights of the appellant, or that the construcsection of the Constitution is necessarily and tion of a statute or section of the Constitudirectly put in issue, and a correct decision of tion is involved, the motion to grant an apthe case cannot be had without passing on the validity of the statute or construing the peu

peal will be sustained and an opinion writof the Constitution or statute involved. ten; but if it appears that the substantial if the value of the amount or thing in contro- rights of the appellant were not prejudiced versy, exclusive of interest and costs, is as

by errors committed in the lower court, and much as two hundred dollars. $ 2. When the judgment appealed from does

that the judgment should be affirmed, the not, when construed in connection with the

motion will be overruled without an opinion, pleadings, certainly fix the value of the amount unless the court thinks the questions inor thing in controversy, the court shall, upon volved of sufficient importance to write an the request of either party, state in the judgment the actual value in controversy, and this

opinion. valuation shall be conclusive of the amount in An order refusing to grant an appeal will controversy for the purposes of appeal.

have the same effect as an affirmance of the $ 3. When the amount in controversy is as judgment, and if the judgment has been sumuch as two hundred dollars, exclusive of in-perso terest and costs, and less than five hundred dol- |

perseded, damages will follow. No petition lars. a party desiring to prosecute an appeal for a rehearing will be allowed if the motion may do so upon paying the tax and filing the to grant an appeal is overruled, nor will record in the clerk's office of the Court of Ap oral arguments be allowed unless the court, peals in the time and manner provided in other like cases, and entering a motion that the ap-|

after considering the record, decides on its peal be granted. If the court decides, after an own motion to set the case down for oral examination of the record, that the appeal/ argument.

* For other rules see 154 S. W. vil. 169 S.W.

(vii)

section

COURT RULES

SUPREME COURT OF MISSOURI

Rules 1 to 27 were adopted at the April Term, 1891, unless otherwise specified.

CHIEF JUSTICE, HIS DUTY.

in the bill of exceptions; provided that it

shall be sufficient to state the legal effect of Rule 1. The Chief Justice shall superintend

documentary evidence where there is no dismatters of order in the court room.

pute as to the admissibility or legal effect

thereof; and provided further that parol eviMOTIONS TO BE WRITTEN, SIGNED

dence may be reduced to a narrative form AND FILED.

where this can be done and at the same time Rule 2. All motions in a cause shall be in preserve full force and effect of the evidence. writing, signed by counsel and filed of record.

PRESUMPTION IN SUPPORT OF BILL ARGUMENT OF MOTIONS.

OF EXCEPTIONS. Rule 3. No motion shall be argued unless Rule 8. The only purpose of a statement, by the direction of the court.

in a bill of exceptions, that it set out all the

evidence in the cause, being that the SuDIMINUTION OF RECORD, SUGGESTION preme Court may have before it the same AFTER JOINDER IN ERROR. matter which was decided by the court of

first instance, it shall be presumed as a mat. Rule 4. No suggestion of diminution of rec

ter of fact in all bills of exceptions, for the ord in civil cases will be entertained by the

future, that they contain all the evidence apcourt after joinder in error, except by con

plicable to any particular ruling to which exsent of parties.

ception is saved. APPLICATION FOR CERTIORARI.

MAKING UP TRANSCRIPTS. Rule 5. Whenever a certiorari may be applied for, there shall be an affidavit of the

Rule 9. The clerks of the several circuit defect in the transcript which it is designed courts and other courts of the first instance, to supply, and at least twenty-four hours' no

before which a trial of any cause is had, in tice shall be given to the adverse party or

which an appeal is taken or writ of error is his attorney previous to the making of the

sued out, shall not (unless an exception is application.

saved to the regularity of the process, or its

execution, or to the acquiring by the court of REVIEWING INSTRUCTIONS. jurisdiction in the cause), in making out tran

scripts of the record for the Supreme Court, Rule 6. For the purpose of reviewing the

set out the original or any subsequent writ action of the trial court, in giving and refus.

or the return thereof; but in lieu thereof ing instructions, it shall not be necessary to

shall say (e. g.): "Summons issued October set out the evidence in the bill of exceptions;

2, 1891, executed October 5, 1891,' and, if but it shall be sufficient to state that there

any pleading be amended, the clerk, in makwas evidence tending to prove the particular

ing out transcripts, will treat the last amendfact or facts. If the parties disagree as to

ed pleading as the only one of that order what fact or facts the evidence tends to

in the cause, and will refrain from setting prove, then the evidence of the witnesses

out any abandoned pleading or part of the may be stated in a narrative form avoiding

record, unless it be made such by a bill of exrepetition and omitting all immaterial matter.

ceptions; and no clerk shall insert in the BILL OF EXCEPTIONS IN EQUITY

transcript any matter touching the organiza

tion of the court, or any mention of any conCASES.

tinuance, motion or affidavit in the cause, Rule 7. In cases of equitable jurisdiction unless the same be specially called for by the whole of the evidence shall be embodied the bill of exceptions. 169 S.W.

(viii)

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