Democratic Sentinel, Volume 9, Number 36, Rensselaer, Jasper County, 9 October 1885 — The Supreme Court’s New Rules [ARTICLE]
The Supreme Court’s New Rules
New rules in regard to the submission of causes under the act of April 13,1885, were filed in the Supreme Court, Wednesday, September 23d. In brief the rules are a follows : Parties who appeal under the provisions of the act shall file the record of the cause with the Clerk of the Court, together with an assignment of ei’rors, and shall, in case the appellees are not residents of this State, cause process to be issued by the Clerk of this Court within ten days, but if the appellees are residents, the appellants shall obtain a form of notice from the Clerk for publication, wherein a time for the hearing of such case shall be fixed so as to allow publication to be for three successive weeks, and thirty days to elapse from the time of the last publication, when notice shall have been given by service of summons or by service of notice on the attorneys of record of appellee; or in case notice by publication has been given as provided herein, tie cause shall, at the expiration of thirty days from the service of such summons, or the service of notice upon the t ttorneys, or tl:e giving of notice by publication, be deemed submitted, unless for cause showu no order of submission is made. It also provides that the clerk shall make an entry showing the date of submission in all c -ses where causes are submitted under these rules, except that it shall not apply to appeals taken in term time. In case the appellee desires to secure the submission of a case where the appeal is not taken in term time he shall enter an appearance, waive notice, request an order of submission, and give ten days notice of such request to the applicant. When an appellee files written objections the clerk shall not enter a submission, but shall refer the matter to the court. Notice of orders of submission, entered under the preceding rules, shall be sent to at least one of the attorneys whose names are signed to the agreement of errors, and also to the Clerk of the Court from which the appeal came.
