Page:1862 Territory of Dakota Session Laws.pdf/156

CHAP. VIII.] the district court, may be reversed, vacated, or modified by the supreme court, for errors appearing on the record.

. 520. A judgment rendered or final order made by any court, board, or tribunal, mentioned in the preceding sections, may be reversed, vacated, or modified, by the supreme court, for errors appearing on the record; but the petition in error, in such case, can be filed only by leave of the supreme court, or a judge thereof.

. 521. The proceedings to obtain such reversal, vacation, or modification, shall be by petition, to be entitled, "petition in error," filed in a court having power to make such reversal, vacation, or modification, setting forth the error complained, and there upon a summons shall be issued and served or publication made, as in the commencement of an action. A service on the attorney of record in the original case shall be sufficient. The summons shall notify the adverse party, that a petition in error has been filed in a certain case, naming it, and shall be made returnable on or before the first day of the term of the court, if issued in vacation; if issued in term time, it shall be returnable on a day therein named; if the last publication or service of the summons shall be made ten days before the end of the term, the case shall stand for hearing at the term.

. 522. The summons mentioned in the last section, shall, upon the written precipe of the plaintiff in error or his attorney, be issued by the clerk of the court in which the petition is filed, to the sheriff of any county in which the defendant in error or his attorney of record may be; and if the writ issue to a foreign county, the sheriff thereof may return the same by mail to the clerk, and shall be entitled to the same fees as if the same had been returnable to the district court of the county in which such officer resides. The defendant in error, or his attorney, may waive in writing the issuing or service of the summons.

. 523. The plaintiff in error shall file with his petition, a transcript of the proceedings containing the final judgment or order sought to be reversed, vacated, or modified.

. 524. Justices of the peace, and other judicial tribunals having no clerk, and the clerks of every court of record, shall upon request and being paid the lawful fees therefor,