SUPREME COURT OF ALABAMA New Supreme Court Rules adopted by the Supreme Court of Alabama, June 23, 1913, and which are to become operative as to cases tried by trial courts on and after September 1, 1913. EXPLANATORY.-It will be noted that all of the rules as they now appear in volume 2 of the Code of 1907 are still in force, except in so far as they may be amended by any of the rules hereinafter set out, or by either of the two rules numbered 41 and 42 in 175 Alabama Reports, and numbered 41 and 43 in 2 Appellate Court Reports (but which should be numbered 41 and 42 in said last report). See 56 South, vi; 57 South. vi. Rules 10, 11, 12 and 13, which take the place of rules of the same number as they appear in the Code of 1907: required of appellee's in answer to the assignment of errors. Reply briefs shall be prepared in manner like to answer briefs. 12. Succinct Statement of Points and Authorities. The briefs of any party may be followed by an argument in support of such briefs, which shall be distinct therefrom, but shall be bound with the same. The argument shall be confined to discussion and elaboration of the points contained in the briefs. The names of counsel shall be af fixed to all briefs filed by them. All briefs shall be printed or typewritten in a neat and workmanlike manner. 13. Briefs of Appellant to be Filed on Submission of Cause; Additional Briefs; Serv-' ice.-Counsel for appellant at the time of submission of any civil cause shall file his 10. Appellant's Briefs; How to be Pre- briefs and arguments, printed or typewritten pared.-A concise statement of so much of as now required by the rules on that subject, the record as fully presents every error and and place at least four copies thereof in exception relied on, referring to the pages the transcript. Upon his failure to comply and lines of the transcript. If the insufficien- with this rule, the case shall not be submitcy of the evidence to sustain the verdict orted or heard on his motion, and may be disfinding, in fact or law, is assigned, the state-missed on motion of the appellee; and prior ment shall contain a condensed recital of the to or upon submission, appellant's counsel evidence in narrative form so as to present the substance clearly and concisely. statement will be taken to be accurate and sufficient for a full understanding of the questions presented for decision, unless the opposite party in his brief shall make the necessary corrections or additions. The Following this statement, the brief shall contain, under a separate heading of each error relied on, separately numbered propositions or points, stated concisely, and without argument or elaboration, together with the authorities relied on in support of them; and in citing cases, the names of parties must be given, with the book and page where reported. shall serve a copy of his brief and argument on appellee's counsel, and appellee's counsel shall be required to file his brief and argument within ten days after service upon him of brief and argument by appellant's counsel, and failing, will not be heard upon the merits of the appeal, except by consent of the court. After a cause has been submitted or heard, no brief will be allowed to be filed or furnished except on the consent of a judge of the court upon satisfactory proof that a copy thereof has been furnished to the other side, and in such case the opposite party may reply to any new matter presented by such brief. Rules 26 and 27 shall remain as they are as to transcripts in equity cases, but are amended as to civil and criminal cases so as to read as follows: 11. Appellee's Brief.—The brief of appellee on the assignment of errors shall point out any omissions or inaccuracies in appellant's statement of the record, and shall contain a The matter of all appeals to this court and short and clear statement of the proposi- all applications for any original process or tions by which counsel seek to meet the al-action shall be plainly typewritten or printed. leged errors and sustain the judgment or On the back or binding of the transcript or decree, or by which such errors are obviated. application shall be endorsed the style of the Following this statement, the brief shall con- appeal or application; and, if an appeal, the tain the points and authorities relied on in court from which the appeal is presented. like manner as required in the appellant's The pages of the entire transcript or applicabrief. The brief of appellee on cross-errors tion shall be numbered consecutively throughshall be prepared in the manner required in out. In the front of the first part of the the case of appellant's brief. The brief of transcript or application there shall be made appellant, in answer to the cross-assignment a correct subject and page index of the entire of errors, shall be prepared in the manner transcript or application. At the beginning of the transcript for an appeal the following dicated after each pleading by the word “Filcaption, and none other (except as otherwise ed," followed by the date of the filing, omitparticularly provided hereinafter), shall be ting the name and office of the officer filing written: "At a regular, adjourned or special the pleading. If the appeal is in an action term of Court of ...... (insert in the at law and there is a bill of exceptions, the blanks the legal name of the court from final judgment shall precede the bill of exwhich the appeal is prosecuted), at which ceptions in the transcript. In copying the the officers authorized by law to hold or bill of exceptions which shall then be set in, serve such court were serving, the following the style of the case shall be omitted, and proceedings were had in the cause styled the bill shall be immediately preceded by the (insert the style of the words, in capitals, BILL OF EXCEPTIONS, ...... V. ...... cause as it appears on the docket of the in the center of the page. Following the bill court from which the appeal is taken). of exceptions in the transcript there shall Referring to the exception above mentioned, be inserted, without styling of case, the the order of organization of the court, or its prayer for the appeal (if one was filed), the organization as shown by the minutes there-bond therefor, the citation of appeal with acof, shall only be set out in the transcript on ceptance of service or of service by the offian appeal when a question was made against cer, the certificate of the clerk to the correctthe constitution of the court to try that case ness of the transcript. An ample number of or against the lawful power of the court to blank pages, at the end of the transcript, for try that case at that term or at that time." assigning errors shall be bound with the Following the caption provided, the plead- transcript. Unless some particular question ings shall be set out in the order of time of is raised in respect thereto and decided in their filing. If the judgment of the court the primary court, the transcript, whether was taken upon the pleadings forming a part in a civil or criminal appeal, shall not conof the transcript at a different time or times | tain in any instance: (a) Subpoenas or sumfrom the entry of the final judgment or de-mons for any witness or for any defendant cree, such intermediate judgment or decree, where there is an appearance by such deif separately entered on the minutes, shall be fendant; (b) orders of continuance; (c) set in the transcript following the pleading commission to examine a witness or certifiinviting the judgment or decree. In copying cate of a commissioner to a deposition, or the pleadings in the transcript, the clerk shall affidavit made to obtain such commission. put, in capital letters, in the center of the And in criminal cases the transcript shall not page just above each pleading its nature, contain the organization of the grand jury such as COMPLAINT; DEMURRER; which found the indictment, nor the venire, PLEA; DEMURRER; AMENDMENT TO, special (in a capital case) or general, for OR AMENDED, COMPLAINT; AMEND- any grand or petit jury, nor the organizaMENT TO, OR AMENDED, PLEA. The tion of regular juries for the week or term style of the case at the head of pleadings at which the case was tried, unless some shall not be copied in the transcript. The question thereon was raised before the trial filing of each pleading shall be accurately in-court and there decided. New Rules ant was convicted and whether or not the sentence has been suspended by the court; and immediately forward the same, by mail, to the clerk of the Supreme Court or of the Court of Appeals, of the state, to which the appeal is, under the law, returnable. Upon the receipt of such certificate the clerk of the Supreme Court or of the Court of Appeals, as the case may be, shall docket the appeal in the proper place on the trial docket. RULE 43. Appeals; Certificates Thereof | character of the offense of which the defendin Civil or Criminal Cases (Criminal Cases). -When a defendant has been adjudged guilty of a criminal offense in any of the courts of the state, from which judgment an appeal lies to the Supreme Court or to the Court of Appeals; and such convict desires to take an appeal under the statute of this state to the appellate court to which an appeal may be by him taken from that judgment, he or his counsel must file with the clerk of the trial court a truly dated written statement, signed by him or his counsel for him, to the effect that he appeals from the judgment against him in the case of the state of Alabama against him, giving the style of the case on the trial court docket and its docket number thereon. Within twenty days after such statement is filed as afore.provided, the clerk shall make out a certifi-er such appeal bond is approved and filed cate of appeal, in the form now employed in RULE 44. (Civil Cases).-When a party to a civil case has executed, had approved and filed an appeal bond for an appeal from a judgment or decree from which an appeal lies to the Supreme Court or to the Court of Appeals, the clerk, register, or judge of probate, of the court rendering such judgment or decree shall within twenty days aft make out a certificate of appeal and immedi |