When a writ of error shall be made a supersedeas, the clerk shall endorse upon said writ the following words: "The record in this cause having been filed in my office, with an order endorsed thereon that the writ of error herein be made a supersedeas according to law, this writ of error is therefore made a supersedeas, and shall operate accordingly"; which endorsement shall be signed by the clerk of this court.

23. WATER PRIORITIES-PROCEEDINGS ON REVIEW-ALIGNMENT OF PARTIES. Any party suing out a writ of error to review the whole or any part of a decree entered in any statutory proceedings adjudicating water priorities or the change of points of diversion thereof, shall file in this court a petition, as plaintiff in error, showing the priority and ditch rights claimed by such party, and making the assignments of error a part of the petition by reference only, and naming the ditches, reservoirs, pipe lines and other works, and the owners thereof who may be adversely affected by such proceedings in this court as defendants in error, and such alignment of parties in this court shall be according to such petition, and writ of error issued accordingly.

24. EXECUTION-RECALL OF.

Whenever execution or other final process shall be issued upon a judgment at law or decree in equity, and the record of such judgment or decree shall be removed into this court by writ of error operating as a supersedeas, such writ of error may be served upon the officer in whose hands such execution may be, and thereupon all proceedings under such execution shall be discontinued, and such officer shall return the same into the court from which it was issued, together with the copy of the writ of error served on him, and shall set forth in his return to such execution what, if anything, he hath done in obedience to the command thereto.

Such service of the writ of error and supersedeas may be made by delivering to the officer having such final process for execution a copy of such writ of error and the endorsements thereon, with the certificate of the clerk of the Supreme Court, or of the clerk of the inferior court to whom the same is directed, that the same is a true and perfect copy of the original of such writ of error and the endorsements thereon.

25. BOND-POWER OF ATTORNEY FILED EXCEPTION.

Whenever a bond is executed by an attorney in fact, the original power of attorney shall be filed with the bond in the office of the clerk of this court, unless it shall appear that the power of attorney contains other powers than the mere power to execute the bond in question; in which case the original power of attorney shall be presented to the clerk, and a true copy thereof filed, certified by the clerk to be a true copy of the original.

26. TRANSCRIPT OF RECORD BILLS OF EXCEPTION.

Clerks of inferior courts in making up an authenticated copy of the record in civil cases shall certify to this court so much of the record, arranged in chronological order, as the plaintiff in error may, by praecipe, indicate. If the record, so certified, shall be insufficient, it shall be perfected at his cost; and, if unnecessarily voluminous, the cost of the unnecessary parts shall be taxed against him. Carbon copies shall not be used in preparing the record. Bills of exception need not be copied but the original sent up.

27. RECORD OF ERROR-PARTIES MAY AGREE.

The parties to an action, after final judgment, may agree upon a record on error, which, when certified by the trial court, together with the assignment of errors, shall be certified by the clerk to the Supreme Court as the record on error.

28. TRANSCRIPT OF RECORD-ADDITIONAL-LEAVE TO FILE.

When a party to any cause pending in this court asks leave, without suggesting a diminution of record, to file an additional or supplemental transcript of the record, he shall give at least twenty-four hours' notice thereof to the opposite party. At the time of giving such notice the additional or supplemental transcript shall be deposited with the clerk of this court for the inspection of the opposite party. Such motion shall be submitted under Rule 11, supra, and, if leave is granted, the additional or supplemental transcript may be filed and considered in connection with the original transcript.

29. RECORD BINDING.

The transcript or agreed record shall be bound in half sheep or cloth, with substantial paper sides, thirteen inches in length and eight and one-quarter inches in width.

30. ASSIGNMENT OF ERRORS.

Plaintiff in error shall assign errors in writing at the time of filing the record and each error shall be separately alleged and particularly specified; Provided, That when errors are assigned upon exceptions to the ruling of the court in the admission or rejection of evidence, which go to the same point, it shall be sufficient to refer to the folio numbers of the record when such rulings and exceptions appear without particularly specifying the evidence admitted or rejected.

When the error alleged is to the charge of the court, the part of the charge referred to shall be quoted totidem verbis in the specifications; Provided, Where the charge is divided into separate paragraphs or instructions, which are each duly numbered, and error is assigned as to one or more entire paragraphs or instructions, it shall be sufficient to designate the part of the charge referred to by giving the number prefixed to each paragraph or instruction so assigned for

error.

The same shall be signed by an attorney of the court.

If the defendant in error desires to assign cross-errors, he shall do so at the time he files his brief, as hereinafter provided; the assignment of error shall be in writing and signed by an attorney of this court.

31.

ERRORS-FAILURE TO ASSIGN-WRIT DISMISSED.

If the plaintiff in error shall fail to assign error, the writ of error shall be dismissed.

32.

JOINDER OF ERROR NOT REQUIRED FILING BRIEF SUFFICIENT.

No formal joinder in error shall be required, but if the defendant in error shall not in any manner appear within the time allowed for filing brief in his behalf, the cause may be heard ex parte or the judgment or decree of the court below may, in the discretion of the court, be reversed without a hearing. (See Rule 18.)

33. DISCUSSION LIMITED ERRORS STATED.

Counsel will be confined to a discussion of the errors stated, but the court may, in its discretion, notice any other error appearing of record.

34. ABSTRACT OF RECORD CONTENTS.

Plaintiff in error shall within sixty days after the return day file with the clerk fifteen printed copies of an abstract of the record. Such abstract shall contain a brief statement of the contents of the pleadings, the judgment, the assignments of error relied on, and such other parts of the record as may be essential; but when for a proper understanding and determination of the questions raised it may be necessary, such matters may be stated fully or in the exact words of the record. If anything necessary to a determination of the case is omitted it may be supplied; defendant in error may, within the time allowed him for his brief, file fifteen copies of a supplemental abstract, and when the same is essential to a proper understanding of the case the cost thereof shall be charged to the plaintiff in error; otherwise, to him. The abstract shall be indexed and the folio numbers of the record shown on the margin thereof. It shall bear, on the front cover, the number and title of the case, the court to which the writ of error lies and the name of the trial judge.

35.

ABSTRACTS AND BRIEFS-HOW PRINTED.

Abstracts and briefs shall be printed on blue, white wove, antique finish, book paper of a weight the basis of which shall be eighty pounds to the ream, 25x38 inches in size. They shall be printed on pages 9x71⁄2 inches when trimmed, in small pica type, leaded, face of type page 22x40 ems pica, so printed as to leave an inside side margin of 11⁄2 inches, and an outside side margin of 2% inches, and a bottom margin of 2 inches. Extracts and quotations must be in the same type, either solid or indented, in the discretion of counsel. The number of the case in this court must be printed in large figures at the top of the outside cover.

36.

BRIEFS-WHEN FILED-SERVICE ON OPPOSITE PARTY.

The brief of plaintiff in error shall set forth the propositions to be argued and the authorities in support thereof, and be filed within forty days after the day fixed by rule for filing the abstract.

If it shall be filed in compliance with this rule the defendant in error shall file his brief within forty days after the expiration of the time for filing the brief of plaintiff in error.

Thirty days thereafter shall be allowed for the reply of plaintiff in error.

Fifteen copies of every brief shall be filed and two copies of every abstract and brief shall be served upon the opposing party or his counsel, if appearance shall have been entered. Proof of such service shall be filed with the clerk.

37.

SUPPLEMENTAL BRIEFS-LIMITATION

OF DISCUSSION-WHEN FILED.

Either party may, not less than ten days prior to the submission of a cause for final determination, file a supplemental brief and the opposite party may, within five days thereafter, file a brief in answer thereto. Such briefs shall be confined solely to the citation and discussion of new authorities upon the propositions covered in the original briefs.

38.

ABSTRACT OR BRIEF-FAILURE TO FILE-EFFECT OF.

In case the plaintiff in error shall neglect to file an abstract and brief as required, or either of them, the opposite party may proceed ex parte or the court may dismiss the writ of error without notice. 39. ABSTRACTS AND BRIEFS-TIME FOR FILING-EXTENDED OR ABRIDGED.

No stipulation or motion shall suspend the operation of the rules, but for good cause shown the court, or a Justice thereof in vacation, may extend or abridge the time for filing the abstracts, briefs, or other papers.

40. CASES CITED TITLE, VOLUME AND PAGE GIVEN.

In citing cases from published reports, the title of the case shall be given as well as the volume and initial page and also the page whereon the matter for which the citation is made may be found. If a case is published in more than one series of reports, the citation to the official report should be given, if possible.

41. ORAL ARGUMENT-WHEN ALLOWED.

Oral argument upon final hearing may be had by order of court, sua sponte, or upon written request therefor filed with the clerk at or before the filing of the first brief of the moving party. Due notice of the time set for the argument will be given by the clerk.

42. MOTIONS HOW MADE-BRIEFS THEREON.

All motions shall be in writing. After appearance the opposite party shall be entitled to notice of motions not of course.

The party filing any such motion shall have three days in which to file briefs in support thereof; the party opposing shall have five days after service of copy upon him to answer, and three days shall then be allowed after like service for reply. The motion shall then stand submitted.

All such briefs may be typewritten. Copies of the same shall be served upon the opposite party or his attorney.

43.

RECORD OR PAPERS FROM FILES-WITHDRAWAL OF.

No paper shall be taken from the files, without leave of court, except the record, which may be withdrawn by counsel for fifteen days and no more, for the purpose of making abstracts.

Every paper taken from the files, by leave of court or otherwise, must be retained in the custody of the party withdrawing it and must not be in any manner mutilated, taken apart, cut or marked.

44.

REHEARING-APPLICATION FOR-WHEN FILED.

Application for rehearing shall be by petition, signed by counsel, briefly stating the points wherein it is alleged that the court has erred. Such petition shall be filed within fifteen days after the filing of the opinion. Counsel shall present with such petition a brief of the authorities in support thereof.

A copy of such petition and brief shall be served upon the opposing counsel forthwith, who, if he desires, shall have ten days after service within which to file an answer thereto, and petitioner five days for reply. Such petition and briefs shall be printed and conform to the rules as to other printed briefs.

45.

REHEARING-FILING PETITION FOR-EFFECT OF.

The filing of a petition for a rehearing shall suspend proceedings under the decision until the petition is disposed of, unless the court in term time, or one of the Justices in vacation, shall otherwise order. 46.

REMITTITUR-WHEN ISSUED.

Upon the denial of a petition for rehearing, or if within fifteen days after final judgment, no such petition shall have been filed, the clerk shall, except in an original proceeding, issue remittitur to the court below.

The clerk, unless otherwise ordered, shall tax as costs a printer's fee of one dollar per page of one copy of any abstract, to be recovered by the party furnishing the same, if successful.

The clerk shall be entitled to receive the fees allowed by law for copies of records before delivering the same, except in criminal cases where the defendant is unable to pay for a transcript of the record and such court shall have ordered the same to be furnished without charge.