Dating lntim ru

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The court then decides the law applicable to these facts Such a procedure will be used only when the facts are clear and the dispute centres on a question of law. The steps which a party, by his attorney, must take to bring his case before the appellate court are many and technical.

An analogous method is to permit the two opposing counsel at the trial to submit an agreed statement of facts to the supreme court.

To do this he must take 134 APPEAL an oath that he is financially incapable of providing proper security. Execute a supersedeas bond In most Stales such a bond is required to prevent the execution of the judgment appealed from By the bond the appellant binds himself to pay the full amount of such judgment as may be finally rendered against him 5 Prepare a bill of exceptions It is by means of this device that a review of errors occurring during the trial may be secured on a writ of error. This record con- tains, in addition to the record proper, the bill of exceptions, and a report of the testimony given at the or so much of it as is relevant to the errors assigned.

Author of The Mastery of the Arts ^ Antioch College. This security, ordinarily a bond with two sureties is required unless the appellant appeals in forma pauperis.

This writ can be used only when a writ of error could not be issued, as when an accidental destruction of the record proper prevents its certification to the appellate court.

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