Imágenes de páginas
PDF
EPUB

NATIONAL REPORTER SYSTEM-STATE SERIES

THE

SOUTHERN REPORTER

VOLUME 70

PERMANENT EDITION

COMPRISING

THE DECISIONS OF THE SUPREME AND APPELLATE
COURTS OF ALABAMA AND THE SUPREME
COURTS OF FLORIDA, LOUISIANA
AND MISSISSIPPI

[blocks in formation]

COPYRIGHT, 1915

BY

WEST PUBLISHING COMPANY

COPYRIGHT, 1916

BY

WEST PUBLISHING COMPANY

(70 SO.)

[blocks in formation]

COURT RULES

SUPREME COURT OF MISSISSIPPI

Rules for Separating the Court into Two Permanent Divisions

ADOPTED JANUARY 31, 1916

1. For the more convenient dispatch of when sitting in banc which of the said judgbusiness the court shall be separated into es shall preside in the absence of the pretwo Divisions of three judges each, one from siding judge. each district, designated respectively as Divisions A and B.

2. Each of the judges shall be assigned to one of the Divisions by order entered upon the minutes of the court when sitting in banc, and shall thereafter, during his term of office, remain a member of such Division unless transferred to the other by order of the court entered upon its minutes when sitting in banc.

4. Each Division, except when prevented by the sitting of the court in banc or when the court in banc shall otherwise direct, shall sit during alternate weeks; the minutes of a Division shall be signed by the judge thereof then presiding.

5. The court in banc may sit on any day of a term without previous notice being given thereof; but when a case is ordered to be argued before the court in banc the clerk, at least one week before the day set for the hearing, shall mail a notice thereof to each attorney, or firm of attorneys, interested therein.

3. The Chief Justice shall be the presiding judge of the Division of which he is a member. The presiding justice of the other Division shall be judge thereof who has been for the longest time continuously a member of 6. In event any judge of either Division, the court; and in event no judge of a Divi- within fifteen days after a judgment has sion has been continuously a member of the been rendered or an order entered by either court for a longer time than the others, the Division or while a suggestion of error therein is pending, shall certify in writing filed court shall designate by order entered upon its minutes when sitting in banc which of with the clerk that in his opinion such order or judgment is in conflict with a prior dethe said judges shall be the presiding jus- cision of the court, or of either Division tice thereof. In the absence of the presiding thereof, the order or judgment shall be set judge, the judge of the Division who has aside by an order entered on the minutes of been for the longest time continuously a the first session thereafter of either the member of the court shall be the acting pre-court in bane or of a Division; and the Chief siding judge thereof; and in event the two Justice shall cause the full court, or a judges of a Division other than the presid-quorum thereof, to assemble in conference at ing justice thereof shall have had the same a convenient time for the decision of the period of continuous service, the court shall case; and the judgment agreed on shall be designate by order entered upon its minutes entered at any, sitting of the court in banc. (vi)

70 SO.

« AnteriorContinuar »