ON Appellate Procedure AND Trial Practice Incident to Appeals BY BYRON K. ELLIOTT AND WILLIAM F. ELLIOTT, AUTHORS OF "THE WORK OF THE ADVOCATE" AND "A TREA- INDIANAPOLIS : THE BOWEN-MERRILL COMPANY. Entered according to the Act of Congress in the year 1892, by THE BOWEN-MERRILL COMPANY, In the Office of the Librarian of Congress at Washington, D. C. CARLON & HOLLENBECK, PRINTERS AND BINDERS, INDIANAPOLIS, ELECTROTYPED BY INDIANAPOLIS ELECTROTYPE FOUNDRY, INDIANAPOLIS, IND. PREFACE. There seems to be a sort of neutral ground between appellate procedure and trial court practice which authors do not permanently occupy, although they do transiently enter upon it, so that many matters of procedure lying within this neutral strip are not much considered, and, indeed, are not often noticed. It has seemed to us that appellate procedure can not be properly treated, nor well understood, without combining with it such matters of trial court practice as are incident to appeals. A separation is, we venture to say, practically impossible, inasmuch as the entire groundwork is laid in the trial court. In truth, the appeal is little else than a continuation of the same cause, although the cause is carried to a different forum. Acting upon the theory indicated, we have treated procedure on appeal and appendant or incidental matters of trial practice as blended in one system. Our effort has been to make a practical treatise that will be of every-day use, and one that will, if it does nothing more, at least supply hints and point the way to authorities which will enable the lawyer to find what he needs in the cases he is called upon to prepare for appeal and to conduct in the appellate tribunals. BYRON K. ELLIOTT. Indianapolis, May 1, 1892. (iii) |