THE

SOUTHWESTERN REPORTER,

VOLUME 30,

CONTAINING ALL THE CURRENT DECISIONS OF THE

SUPREME COURTS OF MISSOURI, ARKANSAS, AND TEN-
NESSEE, COURT OF APPEALS OF KENTUCKY,
AND SUPREME COURT, COURT OF CRIM-
INAL APPEALS, AND COURTS OF
CIVIL APPEALS OF TEXAS.

PERMANENT EDITION.

APRIL 8-JUNE 3, 1895.

WITH TABLE OF SOUTHWESTERN CASES IN WHICH REHEARINGS HAVE BEEN DENIEd.
ALSO TABLE OF WRITS OF ERROR DENIED BY THE SUPREME COURT OF TEXAS IN CASES IN THE COURTS
OF CIVIL APPEALS.

ALSO TABLES OF SOUTHWESTERN CASES PUBLISHED IN VOLS. 94 AND 95, KENTUCKY REPORTS.

A TABLE OF STATUTES CONSTRUED IS GIVEN
IN THE INDEX.

COPYRIGHT, 1895,

BY

WEST PUBLISHING COMPANY.

SOUTHWESTERN REPORTER, VOLUME 30.

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

COURT RULES.

COURT OF APPEALS OF KENTUCKY.

I. In accordance with section 118 of the constitution, this court, after January 1, 1895, will be divided into two departments, each one of which shall consist of three judges, besides the chief justice, who shall preside over each department. Each division shall sit on alternate days during each week, when not in joint session, to hear arguments and motions and deliver opinions. Opinions shall be delivered as the judgment of the court with out reference to the department delivering them. When the chief justice is absent, or if present, from any cause fails to preside, the judge next oldest in commission shall preside with each department, and shall require the presence of a judge from either department when necessary to constitute a majority of the entire body. The cases, when sub

mitted, shall be assigned by the chief justice

to each department, and in such manner as to equalize the burden.

II. Whenever a case involves a constitutional question, either federal or state, or in any case where, in the opinion of the chief

justice, the importance of the case requires, both departments shall hear the arguments, whether oral or written, and pass on the questions involved; and in cases where the judges composing one department do not concur, it shall be the duty of the chief justice to notify the other department, and have the questions at issue disposed of in joint session.

When a majority of either department, including the chief justice, shall desire a joint session for the purpose of passing on any question, or hearing any cause, the entire body shall be assembled for that purpose.

III. In all cases or appeals hereafter filed, or now filed and not submitted, it shall be the duty of the appellant to file his brief twenty days prior to the day the case is set for hearing, and the appellee to file his brief ten days prior to that time, and a failure to do so by the appellant shall cause a dismissal of the appeal without prejudice, and upon the part of appellee, he will, if in default, be required to pay the costs up to the date of filing his brief. No oral argument will be ordered or heard on the part of the party in default unless his brief is filed as herein provided. When the briefs are in, or the brief of the party not in default, an oral argument will be ordered if desired, and a time fixed

v.30s.w.

for the hearing, unless the parties are ready
to proceed when the case is called.
All cases will be decided as nearly as prac-
ticable in the order of their submission.
After all cases heretofore continued for
argument and the submitted cases shall be
disposed of, a docket embracing all pending
cases will be published in sufficient time to
enable parties to comply with the rules of
this court.

IV. But two oral arguments on each side will be allowed in any case, and every such argument will be limited to one hour.

writing, or not indexed, are to be condemned, V. Records not made out in legible handand the clerk making out such record to be prohibited from collecting anything therefor;

and the clerk of this court will disregard the

expense thereof in taxing cost without any special order in the case.

VI. When two members of a department desire it a rehearing shall be granted.

VII. When the record of a former appeal in the same cause is necessary to the decision

of a subsequent appeal, or when a record a!ready in this court is made part of a record in another case, and not copied into the transcript, the attorney for the appellant must see to it, on pain of having the appeal dismissed, that such old record is placed with

the new record before the cause is submitted.

VIII. A party intending to move that the clerk of the inferior ecurt, or the adverse party, shall be adjudged to pay the costs resulting from a violation by such clerk or party of subsection 11, of section 737, of the Civil Code, shall make such motion at or before the submission of the cause, and not thereafter; and such motion shall indicate the portions of the record claimed to have been improperly copied, and the pages of the transcript where they may be found.

IX. If the motion is against the clerk, he must be served with a copy of the written motion at least five days before the cause is submitted.

X. If an appellant or his attorney. or an appellee with a cross-appeal, or his attorney, shall, for any purpose, withdraw the record from the clerk's custody without the special order of the court and fail or neglect to produce it in court on call of the case for submission or argument, the appeal or cross-ap(v)