Page:Hardin's Reports of Kentucky Court of Appeals, 1805-1808.djvu/23

Rh ABATEMENTS AND REVIVALS.

13. When an appeal or writ of error shall abate by the death of either party, a subpoena may be taken out in favor of, or against the legal representatives of the deceased, as the case may be, directed as above prescribed, summoning the defendant, or appellee, to show cause why the suit should not be revived: which being returned executed, the cause shall stand revived, without further order, unless cause be shown against the revival; in which case, such order will be made as the nature of the case may require.

14. Or on the motion of the proper party, the cause may be revived in the names of the representatives of the deceased, without any previous process. But in such case, a copy of the order of revivor shall be served on the defendant, or defendants, before the hearing of the cause.

DOCKETING SUITS FOR HEARING.

15. The clerk shall set the causes for hearing in the order they come into his office, except those hereinafter provided for.

16. Causes which require oral testimony, shall be set for trial by the clerk, on such days of the term, as may appear to him proper, having regard to the times such causes came into his office, and to the number of suits in the court.

17. Causes to which the commonwealth is a party, shall be set to the fifteenth day of the term.

ASSIGNMENTS OF ERROR.

18. In writs of error not operating as a supersedeas, and in appeals, the plaintiff or appellant, shall, within eight days after filing of the record, assign, in writing, and file with the clerk, the particular error or errors of which he complains. No other errors shall afterwards be alleged by the party, or examined into by the court.

19. If the party fail to assign errors, as aforesaid, a rule to assign errors shall be given; and if errors be not assigned by the expiration of the rule, the cause may, on motion, be dismissed.

20. The plaintiff or appellant shall be allowed four days after the return to a certiorari shall be filed, to assign errors in the record brought up by the certiorari, and which were not contained in the record first filed.

ORDER OF PROCEEDING WITH THE SUITS ON THE DOCKET, &c.

21. Suits set for a particular day, will be taken up and disposed of on that day, or as soon thereafter as may be practicable.

22. The other suits shall be called, and heard, continued, or dismissed, in the order they stand docketed: saving, however, to