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any such writ to serve or cause to be served | school, or law office and whether the same upon such party or parties in interest a true copy of the affidavit or petition, and of the writ issued thereon, in like manner as the same is required to be served upon the respondent named in the application in the proceedings, and to produce and file in the office of the clerk of this court the like evidence of such service.

was exclusive of other pursuits, the subjects embraced in the course of study pursued and books studied, and the period of the time devoted to each subject, so far as the same is possible, which facts shall be supported by the affidavit of the secretary or dean of the law faculty of the school attended by the applicant, or by affidavit of the attorney in whose office he studied, as the case may be, and in case all or a portion of such study was in an office the affidavit shall state that such attorney was during such period regularly engaged in the practice of law in this state, and stating that the applicant is of good moral character and any fact tending 3. Upon the return day of the alternative to show the character of the attainments of writ the respondent may make return, either the applicant, and also stating that in their by demurrer or by answer, or by both. If the opinion the applicant possesses, the requisite return be by demurrer alone, and the demur-qualifications in point of learning in the law rer is not sustained, the writ will be ordered to be entitled to be admitted to practice. to issue without further leave to answer.

2. All ex parte applications to the court for the issuance of writs in the exercise of its original jurisdiction shall be in writing and filed with the clerk, and the same shall be accompanied by a memorandum of points and authorities upon which the application is made.

4. When an application is made to this court for an alternative writ, an order staying the proceedings of any court or officer, until the return of the writ, will not be made unless due notice of the application for the writ shall have been given to all the parties interested in the proceedings.

Rule XL. [Attorneys-How Admitted.] Applications for admission to practice at the bar of this state, when made upon a certificate issued by the courts of any other state, may be made at any regular or special term of this court. Such application shall be upon written motion made by a member of the bar of this court and filed with the clerk, and with such motion shall be filed an affidavit, or the certificate of an attorney of this court, showing that the said applicant is at least twenty-one years of age, of good moral character, and an inhabitant of this state, and that such applicant practiced law regularly in the state where he was admitted for at least one year after such admission.

Applications for admission on examination shall be presented on the first day of any regular term of this court and shall be upon written motion. Applicants for license to practice as attorneys and counselors at law upon examination (except graduates of the law department of the state university of the state of North Dakota, the method of whose admission is governed by the provisions of chapter 23 of the Laws of 1901) will be examined in open court on the first day of each

regular term of court.

No applicant will be examined unless there shall have been filed with the clerk of the supreme court before the first day of the term, at which the application is made, a sworn statement by the applicant, setting

forth in detail the facts which entitle him

to be admitted to the examination, under the provisions of section 421, Revised Codes. Such application shall correctly set forth the period of time actually employed in the study of law by the applicant, whether in a law

In no case will applicants be admitted to the examination unless it shall appear that they have pursued a course of study equivalent to that required of candidates for graduation in the law department of the state university of North Dakota. If satisfied with the sufficiency of such affidavits or certificate the court shall, unless the judges prefer to conduct the examination personally in open court, appoint a committee of not less than three members of the bar of this court to examine such applicant touching his qualifications to practice as an attorney in the courts of this state. But any person who has been admitted to practice in the district courts of this state prior to July 1, 1891, in accordance with the law in force at the time of such admission, may hereafter be admitted to practice in this court under the rules heretofore existing.

Rule XLI. [Attorneys' Certificates of Clerkship.] It shall be the duty of attorneys in this state with whom law students shall commence a course of study to file a certificate in the office of the clerk of the supreme court, which certificate shall in each case state the date of the beginning of the period of clerkship, and such period shall be deemed to commence at the time of such filing and shall be computed by the calendar year; provided, that this rule shall be applicable only to determine periods of study in offices after the taking effect of these rules.

These rules as revised and amended are

hereby adopted as the "Revised Rules of Procedure of the Supreme Court of North Dakota." The clerk of this court is directed to spread the same upon the minutes of this court and also to cause the same to be published in pamphlet form at least thirty days prior to March 5, 1902, on which date these

rules shall take effect. All former rules of the court are abrogated except so far as it may be necessary to follow them upon appeals which shall be pending, when these

rules take effect.

Adopted October 9, 1901

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Becker v. Green (Wis.)..

650 Brady, State v. (Iowa).

801

Beedy v. Finney (Iowa).

Behnke, Merunde v. (Neb.).

Beebe v. Tolerton & Stetson Co. (Iowa)... 905 Brentlinger, Potter v. (Iowa).

Bell, City of Lincoln v. (Neb.)..

91 N.W.

.1069 Bressler, People v. (Mich.).
522 Briggs v. McKinlay (Mich.).
287 Bromley, Meigs v. (Mich.).

(XV)

809

639

156

627

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Burke, City of South Omaha v. (Neb.).
Burlington Relief Department of Chicago,

562

B. & Q. R. Co., Oyster v. (Neb.).

699

Burnett, City of Geneva v. (Neb.).

275

Burnham v. Meredith (Neb.)..

553

Burns, Security Land & Exploration Co. v. (Minn.)

304

Burtenshaw's Estate, Demary v. (Mich.).
Buth, Watier v. (Minn.)..

647

Butler, Templeton v. (Wis.).

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.1081 City of Cedar Rapids, Grunewald v. (Iowa)..1059 City of Dell Rapids, Bohl v. (S. D.).... 315 City of Eagle Grove, Padelford v. (Iowa).. 899 City of Geneva v. Burnett (Neb.). City of Kalamazoo, Hall v. (Mich.). City of Keokuk, Collins v. (Iowa). 756 City of Lead v. Klatt (S. D.). 969 City of Lincoln v. Bell (Neb.). 797 City of Milwaukee, Hall v. (Wis.). 511 City of Omaha, McIntosh v. (Neb.).

City of Cedar Rapids, Cedar Rapids Water
Co. v. (Iowa)

273

615

791

582

287

998

527

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Capital Fire Ins. Co., Matthews v. (Wis.).. 675
Capitol Investment, Building

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Ass'n, Estey v. (Mich.).

753

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City of Watertown, Heyler v. (S. D.)...
Clark v. Shannon & Mott Co. (Iowa)..
Clark, Mason & Co. v. Parker, Webb
Co. (Mich.)

334

923

&

134

Carmichael, Arpin Hardwood Lumber Co. v. (Wis.)

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Carney v. Reed (Iowa).

759 Clopton v. Clopton (N. D.)

46

Carpenter v. Wood (Mich.).

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Carter v. Town of Lineville (Iowa).

777

Case Threshing Mach. Co. v. Eichinger (S.
D.)

Coldren v. Le Gore (Iowa).

.1066

Cole v. Baker (S. D.)..

324

Case Threshing Mach. Co., Pengilly v. (N.
D.)

82

Cole, Allyn v. (Neb.).

505

Collins v. City of Keokuk (Iowa).

791

63

Collins, Oppenheimer v. (Wis.).

690

Cass County v. American Exch. State
Bank (N. D.)..

59

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Cedar Rapids Water Co. v. City of Cedar
Rapids (Iowa).

.1081

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Central City v. Engle (Neb.).

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Chamber of Commerce of Minneapolis, Evans v. (Minn.)..

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650

Chicago Brush Co., Ketelman v. (Neb.).. Chicago, B. & Q. R. Co. v. Dundy County (Neb.)

282

554

Chicago, B. & Q. R. Co. v. Krayenbuhl (Neb.)

Connell, Martin v. (Neb.)..
807 Conover v. Wright (Neb.).
687 Conroy v. Logue (Minn.)..
87 Consterdine v. Moore (Neb.).
Cook v. Gage County (Neb.).
Cook v. Sheehan (S. D.).
Cornelius v. Ferguson (S. D.).
Corser v. Scott (Minn.).
Coryell v. Hotchkiss (Mich.).

516

545

.1105

399

559

452

460

.1101

162

880

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910

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Chicago N. W. R. Co., Myers v. (Iowa)...1076
Chicago, R. I. & P. R. Co. v. Buckstaff
(Neb.)

426

Chicago, R. I. & P. R. Co., Gloe v. (Neb.) 547
Chicago, R. I. & P. R. Co., Martin v.
(Iowa)

Coxe_ v. Anoka Waterworks, Electric Light
& Power Co. (Minn.)..
Cram v. Thompson (Minn.).
Crane v. Odegard (N. D.).

265

483

962

.1034

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Chicago, R. I. & P. R. Co., O'Donnell v. (Neb.)

Creedon v. Patrick (Neb.).

872

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Chicago, R. I. & P. R. Co., Sankey v. (Iowa)

Croft, Browne v. (Neb.).

177

820

Chicago, St. P., M. & O. R. Co. v. Lagerkrans (Neb.)

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Epperly v. Ferguson (Iowa).

816

178 Erwin, Grainger v. (Neb.).

592

817

Eshelby, Bem-Way-Bin-Ness v. (Minn.). 862 Esper v. Miller (Mich.).

291

613

.1124 Estey v. Capitol Investment, Building & .1124 Loan Ass'n (Mich.)..

753

.1100 .1119

Evans v. Chamber of Commerce of Minneapolis (Minn.)

8

778
35

Dale v. Council Bluffs Sav. Bank (Neb.).. 526
Dale, Becker v. (Neb.).
Danes v. Slitor (Iowa).
Dargan v. Williams (Neb.).
Davidson, In re (Minn.).
Davidson v. Hanson (Minn.).
Davies v. Thomas (Minn.).
Davis, Adams County v. (Iowa).
Davis, Baldwin v. (Iowa).
Deacon v. Mattison (N. D.).
Demary v. Burtenshaw's Estate (Mich.).. 647
Dempster Mill Mfg. Co. v. Lofquist (Neb.) 524
Detroit Citizens' St. R. Co., Board of Wa-
ter Com'rs of City of Detroit v. (Mich.) 171
Detroit Citizens' St. R. Co., Boettcher v.
(Mich.)

125

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Everett, Franklin County Bank v. (Neb.).. 495
Everson v. Woodbury County (Iowa).. 900
Ewert v. Mallery (S. D.)..........
Ewert, Hyde v. (S. D.)..

...

479

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474

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Farmers' Nat. Bank, Rodgers v. (Iowa)... 773
Farmers' & Traders' Bank v. Johnson
(Iowa)
.1074
Farnsworth v. Commonwealth Title Ins. &
Trust Co. (Minn.).

Dieters v. St. Paul Gaslight Co. (Minn.).
Dillon v. Shiawassee Circuit Judge (Mich.).1029
Dillon, Bradbury v. (Neb.).
.1126

.1125

District Court of Fourth Judicial District,
Turnblad v. (Minn.)

..1111

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District Court of Ramsey County, State v. (Minn.)

300

Dittberner, Teske v. (Neb.)...

181

Dittman Boot & Shoe Co. v. Graff (Neb.) 188
Dodd v. Skelton (Neb.).

543

Doe v. United States (Neb.).

Doering v. Grebe (Neb.).

Doering v. Jensen (S. D.).

F. C. Austin Mfg. Co. v. Twin Brooks Tp., Grant County (S. D.). Feldheim, Harmon v. (Mich.). Fergen, Friedrich v. (S. D.). Ferguson, Cornelius v. (S. D.). 519 Ferguson, Epperly v. (Iowa). 498 Ferree, Herbage v. (Neb.). 343 Fethers, Williams v. (Wis.).

470

744

328

460

816

408

676

Dompier v. Lewis (Mich.).

152

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Field, Wisner v. (N. D.)..
Finnegan, Hamilton v. (Iowa).
Finney, Beedy v. (Iowa).

67

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Doon, Johnson v. (Mich.).

742

Fireman's Fund Ins. Co., Magoun V.

Douglas County, McCague v. (Neb.).
Dowagiac Mfg. Co. v. Higinbotham (S. D.)
Doyle v. Edwards (S. D.)..

412

(Minn.)

5

330

First Nat. Bank v. Edgar (Neb.).

404

322

First Nat. Bank v. Flynn (Iowa).

784

Drake, Sherman County Irrigation & Wa-
ter Power & Improvement Co. v. (Neb.). 512
Draper v. Brown (Wis.).

First Nat. Bank_v. Minneapolis & N. Elevator Co. (N. D.)..

436

.1001

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First Nat. Bank v. Park (Iowa).
First Nat. Bank v. Peterson (Neb.).
First Nat. Bank v. Sargent (Neb.).
First Nat. Bank v. Stone (Iowa).
First Nat. Bank v. Tompkins (Neb.).
First State Bank, Yoki v. (Minn.).
Fischer v. Fischer (Mich.)..
Fishburn, Meyer v. (Neb.).

826

195

...

595

.1076

551

.1101

633

534

..1120

Duncan, Northern Pac. R. Co. v. (Minn.).. 271
Dundy County, Chicago, B. & Q. R. Co. v.
(Neb.)

Fitzgerald's Estate v. Union Sav. Bank (Neb.)

243

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554

Dutton, Haskell v. (Neb.).

395

Fletcher's Estate, Borden v. (Mich.).
Flynn, First Nat. Bank v. (Iowa)..

145

784

Dwinnell v. Minneapolis Fire & Marine
Mut. Ins. Co. (Minn.).

Ford v. McLane (Mich.).

617

266

Dwinnell v. Minneapolis Fire & Marine
Mut. Ins. Co. (Minn.)...

Ft. Dearborn Nat. Bank v. Security Bank (Miun.)

257

.1098

Foss, Holmes v. (Mich.).

..1120

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Foss, Theo. Hamm Brewing Co. v. (S. D.). 584
Foster & Smith Lumber Co. v. Leisure

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