before the commencement of such term, or unless the appellant shall in writing present a satisfactory excuse for not having filed the abstract before the commencement of the term; but this rule shall not apply to cases docketed for the purpose of dismissal under the rules of this court. Rule 14. MOTIONS-NOTICE-TIME MAY BE EXTENDED. All motions shall be in writing, subscribed by counsel, and filed with the clerk; and in cases where a notice of motion is required the time prescribed therefor may be shortened by any justice of the court as well as by the court. Rule 15. STIPULATIONS AND AGREEMENTS. All stipulations and agreements of parties or their attorneys in respect to a cause shall be reduced to writing, signed by them, and filed with the clerk, or stated in open court and entered by the clerk; otherwise, the same will be disregarded. Counsel obtaining any order or judgment may be required by the clerk to furnish to bin the form of the same. Rule 16. CAUSES SUBMITTED ON BRIEFS. Any cause may be submitted on brief by stipulation, and either party may submit a cause on his behalf on brief filed, and without oral argument. Rule 17. TIME GIVEN FOR ORAL ARGUMENT-WHO MAY BE HEARD. Counsel for each party shall be allowed one hour, to be divided among associates as they may desire; but the court, in special cases, will allow further time. Each defendant who appeared separately in the court below, and an intervener, may be heard through his own counsel. Rule 18. OPINIONS-TO BE RECORDED BY CLERK. All opinions of the court, after having been finally corrected, shall be filed and recorded by the clerk, and his fees therefor shall be taxed as a part of the costs. Rule 19. REMOVING RECORDS-MAY BE REMOVED FOR PREPARING ABSTRACTS. No papers shall be taken from the files of this court except by leave of court or one of the justices thereof; but appellants may withdraw the transcript of the record for the purpose of making an abstract, upon giving a receipt therefor to the clerk, and upon such withdrawal may retain the same for eight days, but no more, unless upon the written order of one of the justices of the supreme court. If the respondent shall desire to make an abstract of the record, he may withdraw the transcript upon giving the like receipt, and retain the same for a like time; but neither party shall withdraw the transcript more than once. All records and papers of said court shall be open to inspection by the public, and any person may procure or make copies thereof. Rule 20. REHEARINGS-TIME AND MANNER OF APPLICATION-REMITTITUR. Application for rehearing of any cause shall be by petition to the court, signed by counsel, briefly stating the points wherein it is alleged the court has erred; such petition to be filed within 20 days next after the filing of the opinion in the case. Counsel shall accompany such petition with a brief of the authorities relied upon in support thereof, and the certificate required by law. The filing of a petition for a rehearing shall suspend proceedings under the decision until the petition for a rehearing is disposed of. Upon the determination of a petition for a rehearing, or where, on notice to the party against whom the judgment is entered in any case, the party does not signify an intention to move for rehearing, the clerk shall issue remittitur to the court below, or, if an original proceeding, a copy of the final judgment, upon payment of the balance of costs, if any, due to the clerk in the cause; and where a judgment or decree of the court below is reversed or modified, a certified copy of the opinion and decision in the case shall be transmitted with the remittitur to the court below. Rule 21. DISTRICT COURT CLERK'S FEES -IN CRIMINAL CASES TRANSCRIPT MAY BE ORDERED FURNISHED WITHOUT COST. The clerks of district courts shall be entitled to receive the fees allowed by law for all transcripts of records, and also any balance of costs due in the cause, before delivering the same, except in criminal cases where the defendants are unable to pay for transcripts of the record, and the trial judge shall have ordered the same to be furnished without cost, and except in criminal cases where plaintiff is appellant. Rule 22. CLERK'S FEES-DEPOSIT REQUIRED. Whenever an action shall be brought into this court the party so bringing the cause shall pay to the clerk the usual and reasonable deposit required by him to pay the costs as they accrue: provided, that, if upon the final determination of any cause there shall remain in the hands of the clerk any balance of deposit in excess of costs, it may be returned to the party entitled thereto. Rule 23. APPLICANTS FOR ADMISSION TO BAR-COMMITTEE то EXAMINE. There shall be appointed at the beginnng of each term of this court a standing committee of three members of the bar of this court, whose duty it shall be to examine and report in writing upon the qualifications of every applicant for admission to the bar of this court who is required to be examined. Rule 24. APPEAL FROM PROBATE COURT -TIME OF TAKING-BOND. Any party entitled by reason of a personal interest to ask for or to oppose any judgment or decree in the probate court, may appeal from the judgment or decree made by the court, adverse to him or his interest, to the district court of the judicial district embracing the county where such probate court is held. All appeals from judgments other than those declaring the validity or invalidity of a will, or the final decree on the administration of an estate by an executor, administrator, or guardian, or the decree of distribution, shall be taken within 60 days from the entry of the same, and the appeal from the judgments above particularly specified shall be within 90 days from the entry of the same, and on such appeal the trial shall be de novo. Such appeal shall be taken by filing with the clerk of such probate court a notice stating the appeal from the judgment or decree, or some specific part or parts thereof, and by executing an undertaking or giving security in the same manner and to the same extent as in case of appeal from the district court to the supreme court: provided, that, in cases of appeal by an executor or administrator who has given official bonds, no additional undertaking need be given; and where the appellant in his notice specifies some particular part or parts of a judgment or decree appealed from, the issue in the district court shall be considered as joined on the particular part or parts so specified, and the remainder of such judgment or decree that is not dependent upon such particular part or parts of said judgment shall stand unaffected by such appeal. Revised and adopted January 28, 1891. For former rules, see 25 Pac. Rep. v-vii. CASES REPORTED. Page Page Acock v. Halsey (Cal.). Acker v. Warden (Kan.). Adams v. McPherson (Idaho). Adler, Pacific Factor Co. v. (Cal.).. .... American Building & Loan Ass'n v. Hart (Wash.).... American Fire Ins. Co., Smith v. (Cal.). 102 Baker v. City of Seattle (Wash.).. 462 193 Baker Lodge No. 47, A. F. & A. M., Haba 577 v. (Or.) 166 211 36 Bakersfield Town-Hall Ass'n, Chester v. (Cal.).... ..1104 49 Ballerino v. Bigelow (Cal.). 372 668 Banbury v. Arnold (Cal.). 934 929 Bank of Orange, Dyke v. (Cal.). 304 72 Banning, De Guyer v. (Cal.). 761 595 Barber, Leavenworth Coal Co. v. (Kan.).. 114 825 Bard v. Kleeb (Wash.)... 273 521 Barela. Garcia y Perea v. (N. M.) 507 922 Barney v. Hays (Mont.). 384 30 Barnhart v. Fulkerth (Cal.).. 71 982 Barrett v. Southern Pac. Co. (Cal.). 666 408 Barry v. Coughlin (Cal.)..... 197 662 655 Barry v. Superior Court of City and County of San Francisco (Cal.) 763 233 Barry, People v. (Cal.). 62 356 Bates v. Santa Barbara County (Cal.). Bawden, People v. (Cal.). 438 204 468 Bayliss, Dillon v. (Mont.).. 725 ..... 742 Beaudry, People v. (Cal.).. 610 534 Anderson v. Stoufer (Kan.).. Anderson v. Strassburger (Cal.). .1000 Bedford, Ontario Land & Imp. Co. v. (Cal.) 39 .1095 Behlow v. Shorb (Cal.)... 546 Anderson, Marks v. (Colo.)... 168 Bell v. Gaylord (N. M.). 494 Anderson, Riggs v. (Kan.).... 112 Angell, Golden State & Miners' Iron-Works Bellegarde v. San Francisco Bridge Co. (Cal.).... 20 v. (Cal.).... 65 Bellinger v. Ingalls (Or.). 1038 Anglo-Nevada Assur. Corp. v. Nadeau's Ex'rs (Cal.). . . Anzar v. Miller (Cal.). . 299 Bennett v. Reef (Colo.).... Armstrong v. Larimer County Ditch Co. Bennett v. Taffe (Or.).. 223 (Colo.)..... 235 Berkin, Maloy v. (Mont.)... 442 Armstrong, Estep v. (Cal.), .1091 Berry v. Kowalsky, two cases (Cal.). 286 Arnett v. Coffey (Colo.). 614 Besley, Lomax v. (Colo.).. 167 Baird v. Milford Land & Lumber Co. (Cal.) 296 Brady v. Burke (Cal.)............. 52 27 P. (xi) 420 City of Spokane Falls v. Browne (Wash.)..1077 945 City of Spokane Falls, Curry v. (Wash.)... 477 Browne, City of Spokane Falls v. (Wash.).. 1077 City of Springville v. Fullmer (Utah)............ Browning, Davis v. (Cal.)........ Bryant, Watkins v. (Cal.). Budd, Howell v. (Cal.)... Budd, Simpson v. (Cal.).. Buffington v. Grosvenor (Kan.). 937 Clancy, Ex parte (Cal.)... 758 Clarke, Murdock v. (Cal.).. 19 Clendennin, People v. (Cal.). 137 Cloherty. In re (Wash.).. 137 Cloverdale Banking & Commercial Co., Carrie v. (Cal.). 940 52 Coffey v. Carter (Kan.).. 527 Coffey, Arnett v. (Colo.).. 300 Cohen v. Knox (Cal.). . Burt v. C. W. Cook Sheep Co. (Mont.).... 399 Burton, State v. (Kan.). 577 411 759 375 860 724 275 418 1064 58 128 614 215 Cohn, Pico v. (Cal.).. 537 Bush, In re (Kan.). Bush, Rice v. (Colo.). .1003 Coler v. Board of County Com'rs of Santa Fe County (N. M.)... 619 ..1089 787 834 Collins. Atchison, T. & S. F. R. Co. v. (Kan.).. 99 Butte & Montana Commercial Co., Heaney Colorado Milling & Elevator Co., Hunt v. (Colo.). Buttner, Smith v. (Cal.).. 29 Byrd, Miller v. (Cal.). 51 Byrum v. Stockton Combined Harvester & Agricultural Works (Cal.).. .1093 873 Colorado M. Ry. Co. v. Croman (Colo.).... 256 Colorado M. Ry. Co. v. O'Brien (Colo.).... 701 Colorado M. Ry. Co. v. Trevarthen (Colo.)..1012 Colorado M. Ry. Co., Twin Lakes Hydraulic Gold Mining Syndicate v. (Colo.).. 258 Colorado Nat. Bank of Texas, Perea v. (N. M.). 322 Combs. State v. (Kan.).. 818 Canavan v. Gray (Cal.).. 788 Candelaria v. Atchison, T. & S. F. R. Co. (N. M.)... Cannon Coal Co. v. Taggart (Colo.).. Carr v. Huffman (Kan.)..... Carrie v. Cloverdale Banking & Commercial Co. (Cal.).. Carter v. City Council of City of Durango (Colo.).... Commercial Mut. Fire Ins. Co., Manlove v. (Kan.). 979 497 Condon v. Kemper (Kan.). 238 Connell v. Warren (Idaho). 248 Connolly, Carty v. (Cal.). 829 730 599 827 Connor, France v. (Wyo.). 569 Carter, Coffey v. (Kan.).. Carty v. Connolly (Cal.). Caruthers v. Hensley (Cal.). . Case v. Daniels (Colo.). Cook v. Oregon S. L. & U. N. Ry. Co. (Utah) 5 128 Cook v. Port of Portland (Or.).. 263 599 Cook v. Rice (Cal.)...... .1081 Cowling, Pendleton v. (Mont.). Page 386 Dunn, Ternes v. (Utah). 692 785 Durein, State v. (Kan.). 148 163 Durfee, Granite Mountain Min. Co. v. 4 (Mont.)... 919 891 Durham v. Hadley (Kan.). 105 20 Dwelling-House Ins. Co. v. Johnson (Kan.) 100 713 Dye, Blakeslee v. (Colo.).. 881 716 Dye, Sharp v. (Cal.)... 789 169 Dyer v. Leach (Cal.).. 598 156 Dyer v. Placer County (Cal.). 197 . 304 735 Cuelho, Miller v., two cases (Cal.).. Cummings v. Ross (Cal.).. Curry v. City of Spokane Falls (Wash.). Curtis v. Paggett (Kan.). Curtiss v. Etna Life Ins. Co. (Cal.). C. W. Cook Sheep Co., Burt v. (Mont.).. Dalles City, Craft v. (Or.)... Dalton, Nye & Cannon Co., Hirschberg Daniels, Case v. (Colo.).. Davis v. Browning (Cal.)..... .... Davis' Estate, In re (Mont.).. Day. Seattle Land Co. v. (Wash.)....... Deal, Cribben v. (Or.)... ...... ......... De Amador, United States v. (N. M.).. ......... Deardorff v. Guaranty Mut. Acc. Ass'n (Cal.)..... 695 Easton v. Montgomery (Cal.). 530 Eaves, Wilhelm v. (Or.). 62 Eberline, State v. (Kan.). 887 Eddy, Jones v. (Cal.).. 949 Edison Electric Illuminating Co. v. Need140 bam (Wash.).. ..... 477 Edman, Union Coal Co. v. (Colo.). 732 Edwards v. Smith (Colo.). 109 Edwards, Niles v. (Cal.). 211 Edwards, Niles v. (Cal,). 399 Egan v. Egan (Cal.)... Elliot, People v. (Cal.). ... 511 Emigh v. State Ins. Co. (Wash.). 74 Epstein v. State Ins. Co. (Or.)... .1046 Esmeralda County v. State (Nev.).. 488 Estep v. Armstrong (Cal.)...... 423 Estlinbaum, State v. (Kan.).. 676 Etchepare v. Aguirre (Cal.).. Etchepare v. Aguirre (Cal.),.. Ewing, Mott v. (Cal.)... ....... .....1045 ... 869 ...1091 .1087 191 280 .1053 839 190 271 ..1060 809 159 296 22 433 Ellis v. Newbrough (N. M.). 490 Eltzroth v. Ryan (Cal.).. 932 83 Elwood, German Nat. Bank v. (Colo.).. 886 Ely v. Ferguson (Cal.).. 705 587 737 Emeric v. Alvarado (Cal.).. 356 Drake v. Gilpin County Min. Co. (Colo.)... 708 Fisk, Cosgrove v. (Cal.). Duane, Newman v. (Cal.). Dunlap, Hughes v. (Cal.).. 223 Fisk, Veeder v. (N. M.). 64 Fitzgerald v. Neustadt (Cal.). 66 Flynn v. Dougherty (Cal.).. .1044 Ford v. Gladfelter (Kan.).. 642 Ford, McGarvey v. (N. M.). 240 711 1 56 642 936 1080 111 415 |