THE

SOUTHEASTERN REPORTER,

VOLUME 45,

CONTAINING ALL THE DECISIONS OF THE

SUPREME COURTS OF APPEALS OF VIRGINIA AND WEST

VIRGINIA, AND SUPREME COURTS OF NORTH
CAROLINA, SOUTH CAROLINA, GEORGIA.

COPYRIGHT, 1944,

BY

WEST PUBLISHING COMPANY,

SOUTHEASTERN REPORTER, VOLUME 45.

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

JUDGES.
HENRY BRANNON.

GEORGE POFFENBARGER.
MARMADUKE H. DENT.

WARREN MILLER.

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597711

COURT RULES.

SUPREME COURT OF APPEALS OF VIRGINIA.

I. MOTIONS.

III. ATTORNEYS AND ARGUMENTS. No affidavits shall be read in support of, or When there are two or more counsel on opposition to, any motion hereafter made to the same side, no one of them shall argue the court, unless reasonable notice in writ-| twice, except by the leave of the court; nor ing be given to the opposite party of the shall more than two counsel, representing the time and place of taking the same; and same interest of one or more party or parevery motion which is not a motion of course ties, be permitted to argue for such a party shall be supported by affidavit

or parties.

II. BRIEFS.

IV. AS TO READING RECORDS AND CIT.

ING AUTHORITIES. A clear and concise printed brief of the points intended to be insisted on by each In all cases it is recommended to the genparty in an appeal, writ of error, or super- tlemen of the bar to select and cite first the sedeas, and the authorities in support there decisions of this court, and in any case only of, signed by his counsel, on the part of the the most pertinent authorities. appellant, shall be filed in the clerk's office ten days before the argument of the case be- V. ARGUMENT UPON EXCEPTIONS TO gins; and the appellee's brief shall be filed

REPORTS. with the clerk at least five days before the

No oral argument will be permitted upon argument begins; and no reply of the ap. exceptions to a master commissioner's repellant shall be filed after the case is called; port, except upon naked questions of law, and no error other than such as may be without reference to details of evidence; or pointed out and insisted on in such brief. (without leave of the court) be admitted as quire new or additional security upon, or to on the part of the plaintiff or appellant, shall upon any motion to advance a cause to the

privileged docket; or upon any motion to rea ground for argument, on the hearing of the cause. No cause shall be proceeded in sedeas bond. Counsel are required to state

increase the penalty of an appeal or superwithout such brief. But a party who has the grounds for and against such motions in prepared and filed a brief may insist on a

writing. hearing when the cause is regularly called, although no brief shall bave been filed on VI. CAUSES HEARD OUT OF COURSE. the part of his adversary. If one of the parties omits to file such a brief, he cannot be No cause shall be taken up out of the order heard, and the case will be heard ex parte on the docket, or be set down for any parupon the argument of the party by whom the ticular day, except under special and pe. brief is filed. The plaintiff or appellant may culiar circumstances, to be shown to the adopt the petition as his brief. If no brief court, by motion, in writing, after notice of be filed by either party when a cause is at least two days to the opposite party. called, it shall stand continued until the next term, unless the court shall otherwise order: VII. TIME ALLOWED ON REVIVALS. provided, that in every such case the appellant shall ile his brief at least two days death of a party, either plaintiff or defend

Where any process to revive a suit on the before the argument begins, in which he shall

ant, shall be returned executed, there shall insert all the authorities relied on by him. The briefs sball be printed in type not

be at least sixty days allowed to the party less in size than small pica, and shall be or parties in whose name or names such suit nine inches in length and six inches in width, may be revived, to prepare for the trial

thereof. so as to conform in dimensions to the printed records along with which they are to be

VIII. CERTIFICATES OF JUDGMENTS, bound in accordance with an act of assem

DECREES, ETC. bly approved March 16, 1903, and the clerks of this court are directed not to receive or No certificate of a judgment or decree of file a brief not conforming in all respects the Court of Appeals sball, without the speto the aforementioned requirements.

cial direction of the court, be transmitted to 45 S.E.

(V)