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THE

SOUTHWESTERN REPORTER,

VOLUME 92,

CONTAINING ALL THE CURRENT DECISIONS OF THE

SUPREME AND APPELLATE COURTS OF ARKANSAS,
KENTUCKY, MISSOURI, TENNESSEE, TEXAS,
AND INDIAN TERRITORY.

PERMANENT EDITION.

MAY 9-JUNE 20, 1906.

WITH TABLES OF SOUTHWESTERN CASES PUBLISHED IN VOLS. 4, INDIAN TERRITORY REPORTS; 117, KEN-
TUCKY REPORTS; 113-115, MISSOURI APPEAL REPORTS.

ALSO, ADDITIONAL TABLES FOR VOLS. 4, INDIAN TERRITORY REPORTS; 117, KENTUCKY REPORTS;
113-115, MISSOURI APPEAL REPORTS.

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COPYRIGHT, 1906,

BY

WEST PUBLISHING COMPANY.

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

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COURT OF APPEALS OF INDIAN TERRITORY.

Adopted February 15, 1896, and Revised to June 17, 1904.

Rule L.

TERMS OF COURT.

There shall be held two terms of court a year, one of which shall commence on the second Tuesday in June and the other on the fourth Tuesday in September of each year. (Adopted and promulgated October 5, 1901.)

Rule II.

ATTORNEYS. Attorneys holding license to practice law in the Supreme Court of the United States, or in the courts of the several districts of the Indian Territory, may be enrolled as attorneys of this court on motion, and exhibition of such license at time of motion. Provided: That attorneys of record of Supreme Courts of other states and territories may, upon motion, appear specially in particular cases. (Adopted and promulgated June 17, 1904.)

Rule III.

MOTION FOR NEW TRIAL.

In a motion for a new trial, filed in any district of the United States court in this territory, it shall be necessary to set out in detail the different particular errors relied upon to secure a new trial, and this court will not consider any ruling or action of any of the district courts of this territory, unless objection and exception was made and taken at the time of the trial, as the same is shown in the record in any given cause, and such ruling or action be set out in the assignment of errors, as required in paragraph 2 (b) of rule X. (Adopted and promulgated June 17, 1904.)

Rule IV.
TRANSCRIPT.

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When an order of court is mentioned, the date must be distinctly stated and not by reference to the day and year aforesaid.

No paper shall be more than once copied; when it occurs a second time, let it be referred to by the page in the preceding part of the record.

When depositions are taken on interrogatories, in making up the transcript, the answers must follow immediately after the questions to which they are responsive.

When an equity case has once been before this court and a transcript is again called for, to have error which occurred after its return corrected, the second transcript shall begin where the former ended; that is, with the judgment of this court, which should be entered of record in the United States court

of the district in which the case originated, omitting the opinion of the appellate court, the appeal or supersedeas bond to be the last paper copied.

At the beginning of every transcript there must be prefixed an index, or table of contents, referring to the pages of record, where the matter referred to is copied, as:

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And so on to the end, referring to the material points of the whole record. There should also be marginal notes on each page indicating the subject-matter thereof.

The fee for the transcript must in all cases be certified, also the cost in the United

paid.

All transcripts shall commence with the style of the court in which the controversy States court of the district where a supersewas decided, and the name of the judge pre-deas bond has been filed, specifying by whom siding when the decree, judgment, or order in the case was rendered, to reverse which the appeal is prayed or a writ of error intended to be prosecuted, and its date, as: "Pleas before A. B., Judge of the United States Court for the District of the day of

Rule V.

OMISSIONS FROM TRANSCRIPT.

The clerks of the courts in each district, in making up transcripts of records to 19-;" the names of all parties litigant as be transmitted to this court, shall not, where

Indian Territory, on the

92 S. W.

(v)

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