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NATIONAL REPORTER SYSTEM-STATE SERIES

THE

SOUTHEASTERN REPORTER

VOLUME 94

PERMANENT EDITION

COMPRISING ALL THE DECISIONS OF

THE SUPREME COURTS OF APPEALS OF VIRGINIA AND WEST
VIRGINIA, THE SUPREME COURTS OF NORTH CAROLINA
AND SOUTH CAROLINA, AND THE SUPREME
COURT AND COURT OF APPEALS

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COPYRIGHT, 1917

BY

WEST PUBLISHING COMPANY

COPYRIGHT, 1918

BY

WEST PUBLISHING COMPANY

(94 S.E.)

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(v)

AMENDMENTS TO RULES

SUPREME COURT OF APPEALS OF VIRGINIA 1

II. BRIEFS.

Counsel for the appellant, or plaintiff in error, shall file in the clerk's office fifteen days before the argument of the case begins, a printed brief containing a concise abstract or statement of the facts of the case, and presenting succinctly the questions involved and the authorities relied on in support thereof, which brief shall be signed by some counsel practicing in this court. Counsel for the appellee or defendant in error, shall file his brief in the clerk's office at least eight days before the argument of the case begins. His

brief shall be of like character with that re

above required. If no brief be filed by either party, when a cause is called it shall stand continued until the next term, unless the

court shall otherwise order.

Counsel must mail or deliver to opposing counsel a copy of his brief within the prescribed time for filing briefs.

XIX. FOREIGN ATTORNEYS. 2 Foreign attorneys who desire to obtain a certificate from the Court of Appeals to practice law in the courts of this state as provided by section 3192 of the Code of 1904, without standing a law examination, must furnish a certificate from the court of last resort in the state, territory, or District of Columbia, wherein he has qualified, that he has practiced law for three or more years in said court, that he is of good moral character, and a proper person to be licensed to practice law. This certificate must be signed by the Chief Justice, or President, of said court, whose signature must be attested by the clerk of the said court and under the seal thereof.

In addition, a certificate must be furnished from two practicing attorneys of such state, territory, or District of Columbia, practicing in said court, that the applicant is of good moral character and a proper person to be licensed to practice law, whose signatures must be attested by the said clerk in like

quired of the appellant, or plaintiff in error, except that no statement of the facts of the case shall be necessary unless that presented by the appellant or plaintiff in error is controverted, in which case he shall either restate the facts as he views them, or point out the matters or things controverted, giving reference to the pages of the record bearing on the controverted points. If the brief of counsel for the appellee or defendant in error does not conform to this requirement, the court may, if it deems proper, accept the statement of counsel for the appellant or plaintiff in error as correct. The reply of the appellant or plaintiff in error shall be filed at least two days before the argument begins in which he shall insert all the authorities relied on by him; and no error other than such as shall be pointed out and insisted on in such brief, on the part of the plaintiff or appellant, shall (without leave of the court) be admitted as a ground for arguApplications addressed to this court for ment, on the hearing of the cause. No cause the issue of writs other than the writ of hashall be proceeded in without such brief. | beas corpus, by virtue of its original jurisBut a party who has prepared and filed a brief may insist on a hearing when the cause is regularly called, although no brief shall have been filed by his adversary. If one of the parties omits to file such a brief, he cannot be heard, and the case will be heard ex parte upon the argument of the party by whom the brief is filed. The plaintiff or appellant may adopt the petition as his brief, provided it contains the statement of facts

manner.

XX. MANDAMUS AND PROHIBITION.2

diction, will be placed upon the general docket as they mature, and be heard when reached, upon the regular call thereof; subject, however, to be advanced for good cause

shown in accordance with rule six.

The records shall be printed under the supervision of the clerk, as in other cases, and must be submitted upon printed briefs, unless the court shall otherwise direct. April 5, 1917.

1 For other rules, see 71 S. E. vii; 79 S. E. vii; 88 S. E. vi.

2 Rule xix was formerly numbered xx; rule xx was formerly numbered xix.

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