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DURING TERM OF THIS VOLUME.
Ar the commencement of each term, the causes will be called in order, but no cause will be tried on the first calling, nor shall any but a continued cause be tried on the first day of the term, unless by consent of parties. The same rule will be observed at any adjourned term, where the adjournment has been more than thirty days unless specially ordered otherwise, at the time of the adjournment.
Upon the second calling either party has a right to a trial unless for good cause shown. If passed by the consent of both parties, the cause will go to the foot of the docket, unless for cause the court shall otherwise direct.
Causes submitted on written arguments will be disposed of without regard to their places on the docket.
Proof of the notice of appeal being served on the adverse party, must be made by copy of the notice with the acknowledgment of service annexed, or by a return of the sheriff, or by affidavit of such service.
If an appeal is taken fifteen days prior to a regular term of this court, and the appellant fails to have the record filed with the clerk on the first day of the term, or if when taken within fifteen days of a term, he fails to have the case so docketed at the next succeeding term, the appellee by producing a certificate of the clerk of the district court from which the appeal was taken, stating that notice of the appeal had been duly served on him, and that the record had been prepared, may have the record filed and the cause docketed, and the appeal dismissed or the judgment affirmed as the court shall determine from the circumstances of the case.
If an appeal is taken at any time before a term of this court, the appellee may waive the notice of fifteen days and have the record filed, and cause tried at the first term after the appeal, unless the appellant show good cause for a continuance.
Errors must be assigned by the morning of the first day of the term, unless good cause be shown for the failure to do so, or unless the court by a special order extend the time.
Assignments of error must not be vague and general, where the nature of the case will permit them to be otherwise, but must be explicit, and must point out with reason
able clearness the objection to the judgment appealed from, or they will be treated as no assignment.
The court will regard those errors only which are assigned.
If no joinder in errors be filed before the cause is regularly reached for trial, a general joinder will be regarded as having been put in.
All objections to form must be made before the cause is called for trial, otherwise they will be deemed waived.
Only two attorneys will be heard on either side except by special leave of the court, and the appellant will in all cases have the opening and concluding argument.
In case of the death of a party, the same rules shall apply as are provided by law for cases in the district court, as far as those rules are applicable.
Motions for certiorari, for diminution of record, must be in writing founded on affidavit, unless the record renders the fact apparent, or unless it is admitted by the adverse party. The application must be made at the first term after the appeal, unless sufficient cause be shown for the delay.
The opinions of the court must be immediately recorded by the clerk, the originals must then be placed in the hands of the reporter. As soon as they can be spared by him, they must be filed in the office of the clerk.
All motions must be entered in the motion book, and shall stand over till next morning, after having been publicly called by the court, unless the parties otherwise agree.