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 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.). (XV) 809 639 156 627 Burke, City of South Omaha v. (Neb.). 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.). 647 Butler, Templeton v. (Wis.). .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 273 615 791 582 287 998 527 Capital Fire Ins. Co., Matthews v. (Wis.).. 675 & Loan Ass'n, Estey v. (Mich.). 753 City of Watertown, Heyler v. (S. D.)... 334 923 & 134 Carmichael, Arpin Hardwood Lumber Co. v. (Wis.) Carney v. Reed (Iowa). 759 Clopton v. Clopton (N. D.) 46 Carpenter v. Wood (Mich.). Carter v. Town of Lineville (Iowa). 777 Case Threshing Mach. Co. v. Eichinger (S. Coldren v. Le Gore (Iowa). .1066 Cole v. Baker (S. D.).. 324 Case Threshing Mach. Co., Pengilly v. (N. 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 59 Cedar Rapids Water Co. v. City of Cedar .1081 Central City v. Engle (Neb.). Chamber of Commerce of Minneapolis, Evans v. (Minn.).. 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.).. 516 545 .1105 399 559 452 460 .1101 162 880 910 Chicago N. W. R. Co., Myers v. (Iowa)...1076 426 Chicago, R. I. & P. R. Co., Gloe v. (Neb.) 547 Coxe_ v. Anoka Waterworks, Electric Light 265 483 962 .1034 Chicago, R. I. & P. R. Co., O'Donnell v. (Neb.) Creedon v. Patrick (Neb.). 872 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.) 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 Dale v. Council Bluffs Sav. Bank (Neb.).. 526 125 Everett, Franklin County Bank v. (Neb.).. 495 ... 479 ...... 474 Farmers' Nat. Bank, Rodgers v. (Iowa)... 773 Dieters v. St. Paul Gaslight Co. (Minn.). .1125 District Court of Fourth Judicial District, ..1111 District Court of Ramsey County, State v. (Minn.) 300 Dittberner, Teske v. (Neb.)... 181 Dittman Boot & Shoe Co. v. Graff (Neb.) 188 543 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 Field, Wisner v. (N. D.).. 67 Doon, Johnson v. (Mich.). 742 Fireman's Fund Ins. Co., Magoun V. Douglas County, McCague v. (Neb.). 412 (Minn.) 5 330 First Nat. Bank v. Edgar (Neb.). 404 322 First Nat. Bank v. Flynn (Iowa). 784 Drake, Sherman County Irrigation & Wa- First Nat. Bank_v. Minneapolis & N. Elevator Co. (N. D.).. 436 .1001 First Nat. Bank v. Park (Iowa). 826 195 ... 595 .1076 551 .1101 633 534 ..1120 Duncan, Northern Pac. R. Co. v. (Minn.).. 271 Fitzgerald's Estate v. Union Sav. Bank (Neb.) 243 554 Dutton, Haskell v. (Neb.). 395 Fletcher's Estate, Borden v. (Mich.). 145 784 Dwinnell v. Minneapolis Fire & Marine Ford v. McLane (Mich.). 617 266 Dwinnell v. Minneapolis Fire & Marine Ft. Dearborn Nat. Bank v. Security Bank (Miun.) 257 .1098 Foss, Holmes v. (Mich.). ..1120 Foss, Theo. Hamm Brewing Co. v. (S. D.). 584 |