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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

OF GEORGIA

WITH KEY-NUMBER ANNOTATIONS

DECEMBER 8, 1917 — MARCH 9, 1918

135
:(

ST. PAUL

WEST PUBLISHING CO.

1918

COPYBIGÅT, 1917

BY
WEST PUBLISHING COMPANY

COPYRIGHT, 1918

BY
WEST PUBLISHING COMPANY

(94 S.E.)

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD

COVERED BY THIS VOLUME

GEORGIA-Supreme Court.
WILLIAM H. FISH, CHIEF JUSTICE.
MARÇUS W. BECK, PRESIDING JUSTICE.

ASSOCIATE JUSTICES.
SAMUEL C. ATKINSON.

S. P. GILBERT.
H, W, HILL

WALTER F. GEORGE.

Court of Appeals.

Division No. 1.
PEYTON L. WADE, CHIEF JUDGE.

JUDGES.
W. F. JENKINS.

ROSCOE LUKE.

Division No. 2.
NASH R. BROYLES, PRESIDING JUDGE.

JUDGES.
O. H. B. BLOODWORTH,

FRANK HARWELL

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CHARLES W. LYNCH, PRESIDENT,1
GEORGE POFFENBARGER, PRESIDENT.2

JUDGES.
GEORGE POFFENBARGER.2 L. JUDSON WILLIAMS.
WILLIAM N. MILLER.

CHARLES W. LYNCH.1
HAROLD A. RITZ.

Ceased to be President January 9, 1918.

? Became President January 9, 1918.

(v)

AMENDMENTS TO RULES

SUPREME COURT OF APPEALS OF VIRGINIA 1

II. BRIEFS.

above required. If no brief be filed by either Counsel for the appellant, or plaintiff in party, when a cause is called it shall stand error, shall file in the clerk's office fifteen continued until the next term, unless the days before the argument of the case begins, court shall otherwise order. a printed brief containing a concise abstract

Counsel must mail or deliver to opposing or statement of the facts of the case, and counsel a copy of his brief within the prepresenting succinctly the questions involved scribed time for filing briefs. and the authorities relied on in support there

XIX. FOREIGN ATTORNEYS.2 of, which brief shall be signed by some counsel practicing in this court. Counsel for the

Foreign attorneys who desire to obtain a appellee or defendant in error, shall file his certificate from the Court of Appeals to pracbrief in the clerk's office at least eight days tice law in the courts of this state as probefore the argument of the case begins. His vided by section 3192 of the Code of 1904, brief shall be of like character with that re

without standing a law examination, must quired of the appellant, or plaintiff in error, furnish a certificate from the court of last except that no statement of the facts of the resort in the state, territory, or District of case shall be necessary unless that present- Columbia, wherein he has qualified, that he ed by the appellant or plaintiff in error is has practiced law for three or more years in controverted, în which case he shall either re

said court, that he is of good moral charstate the facts as he views them, or point acter, and a proper person to be licensed to out the matters or things controverted, giving practice law. This certificate must be signreference to the pages of the record bearing ed by the Chief Justice, or President, of said on the controverted points. If the brief of court, whose signature must be attested by counsel for the appellee or defendant in error the clerk of the said court and under the does not conform to this requirement, the

seal thereof. court may, if it deems proper, accept the

In addition, a certificate must be furnished statement of counsel for the appellant or from two practicing attorneys of such state, plaintiff in error as correct. The reply of territory, or District of Columbia, practicing the appellant or plaintiff in error shall be in said court, that the applicant is of good filed at least two days before the argument moral character and a proper person to be begins in which he shall insert all the au- licensed to practice law, whose signatures thorities relied on by him; and no error oth must be attested by the said clerk in like er than such as shall be pointed out and insisted on in such brief, on the part of the

XX. MANDAMUS AND PROHIBITION.2 plaintiff or appellant, shall (without leave of the court) be admitted as a ground for argu- the issue of writs other than the writ of ha

Applications addressed to this court for ment, on the hearing of the cause. No cause shall be proceeded in without such brief. I beas corpus, by virtue of its original jurisBut a party who has prepared and filed a diction, will be placed upon the general dockbrief may insist on a hearing when the cause

et as they mature, and be heard when reachis regularly called, although no brief shall ed, upon the regular call thereof; subject, have been filed by his adversary. If one of however, to be advanced for good cause the parties omits to file such a brief, he can- shown in accordance with rule six. not be heard, and the case will be heard ex

The records shall be printed under the parte upon the argument of the party by supervision of the clerk, as in other cases, whom the brief is filed. The plaintiff or ap- and must be submitted upon printed briefs, pellant may adopt the petition as his brief, unless the court shall otherwise direct. provided it contains the statement of facts April 5, 1917.

manner.

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

? Rule xix was formerly numbered xx; rule xx was formerly numbered xix. 94 S.E.

(vi)

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