MARSHAL 
 KFP 
 529 
 .A2 
 
 1912 
 
Olnrttpll Slam ^rl^nnl Htbrarij 
 
 iltar0l)aU iEquitg (Enllertton 
 
 (gift of 
 
 1. a. iHarBhall. IC.ffi. 1. 1894 
 
CORNELL UNIVERSITY LIBRARY 
 
 3 1924 085 500 860 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924085500860 
 
RULES 
 
 of the 
 
 Supreme Court of Pennsylvania 
 
 Adopted July 6, 1911, in force September 4, 1911, 
 amended November 3, 1911 
 
 and of the 
 
 Superior Court of Pennsylvania 
 
 Adopted October 3, 1911, in force November 6, 1911, 
 amended November 21, 1911. 
 
 Annotated by William D. Neilson, Esq., 
 
 of the Philadelphia Bar. 
 
 To which are appended the 
 
 Rules of Equity Practice 
 
 Adopted May 27, 1865, and amended by the orders of January IS, 1894, 
 October S, 1900, June 23, 1908, July 6, 1911. 
 
 The rules as printed in the following pages are certified from the records. 
 
 PHILADELPHIA 
 
 THE LEGAL INTELLIGENCER 
 1912 
 
Entered according to Act of Congress in thie year 1912, by 
 
 H. W. PAGE, ESQ. 
 
 in the office of the Librarian of Congress at Washington, D. C. 
 
Supreme Court of Pennsylvania 
 
 Hon. D. NEWLIN FELL, Chief Justice 
 
 Hon. J. HAY BROWN, 
 
 Hon. S. LESLIE MESTREZAT, 
 
 Hon. WILLIAM P. POTTER. \ Justices 
 
 Hon. JOHN P. ELKIN, 
 
 Hon. JOHN STEWART, 
 
 Hon. ROBERT von MOSCHZISKER, 
 
 PROTHONOTARIES 
 
 Eastern District, James T. Mitchell, Esq., Philadelphia 
 Middle District, William Pearson, Esq., Harrisburg 
 Western District, George Pearson, Esq., Pittsburgh 
 
 State Reporter, William I. Schaffer, Esq., Chester 
 
In the Supreme Court of the State of Pennsylvania : 
 
 IN THE MATTER OF THE REVISION OP THE RULES 
 OF THE SAID COURT. 
 
 And now to wit July 6, 1911, the Rules of this Court and the Rules of 
 Equity Practice in the following pages, are hereby adopted and promulgated 
 as to be in force from and after the first Monday of September, 1911. 
 
 PER CURIAM. 
 
Rules of the Supreme Court 
 
 of the 
 State of Pennsylvania 
 
 ATTORNEYS 
 
 RULE 1. No person shall be admitted to practice 
 as an attorney in this Court except upon the recommen- 
 dation of the State Board of Law Examiners. 
 
 RULE 2. Any applicant for admission to the Bar Superior 
 of this Court who, on the 1st Monday of January, 1903, Rule 2. 
 was a member of the Bar of a Court of Common Pleas 
 of this Commonwealth, and after he shall have prac- 
 ticed therein for at least two years, may be admitted, 
 without examination, upon the certificate of the State 
 Board of Law Examiners; and no such candidate shall 
 be required to advertise or pay any fee for reporting 
 upon his credentials. 
 
 .RULE 3. No person shall be registered as a. stu- 
 dent at law for the purpose of becoming entitled to ad- 
 mission to the Bar of the Supreme Court until he shall 
 have satisfied the State Board of Law Examiners that 
 he is of good moral character, and shall, have re- 
 ceived an academic degree from some college or 
 university approved for that purpose by the Court or 
 shall have passed a preliminary examination upon the 
 
 5 
 
Rules 3-4] SUPREME COURT RULES 
 
 Attorneys. 
 
 following subjects: (1) English language and litera- 
 ture; (2) Outlines of universal history; (3) History 
 of England and of the United States; (4) Arithmetic, 
 algebra through quadratics and plane geometry; (5) 
 Modern geography; (6) The first four books of Cae- 
 sar's Commentaries, the first six books of the Aeneid, 
 and the first four orations of Cicero against Catiline. 
 
 Every candidate shall pay to the State Board a fee 
 of twenty-five dollars, and upon receiving a certificate 
 recommending his registration and certifying that he 
 is qualified to begin the study of the law, shall cause 
 his name, age, place of residence, and the name of his 
 preceptor, or the law school in which he proposes to 
 pursue his studies, to be registered with the Prothono- 
 tary of the Supreme Court for the district to which his 
 county belongs. 
 
 RULE 4. Candidates for admission, who have 
 spent at least three years after registration in the study 
 of the law, either by attendance upon the regular course 
 of a law school offering at least a three years' course, 
 eight months in the year and an average of ten hours 
 per week each year, or partly in a law school and partly 
 in the office of a practicing attorney, or by the bona fide 
 service of a regular clerkship in the office of a practic- 
 ing attorney, shall be eligible to appear for examina- 
 tion for admission to the Bar of this Court upon com- 
 plying with the following requirements : 
 
 1. A candidate must advertise his intention to ap- 
 ply for admission, in a law periodical or a newspaper 
 
 6 
 
SUPREME COURT RULES [Rules 4-5 
 
 Attorneys, 
 
 published within the judicial district in which he re- 
 sides, and in the Legal Intelligencer, once a week for 
 four weeks immediately preceding the date of filing his 
 credentials with the Board. 
 
 2. He must file the necessarj' credentials with the 
 Board in such form as shall be prescribed at least twen- 
 ty-one days before the date of the examination and shall 
 pay to the Board a fee of twenty-five dollars. 
 
 3. He must file a certificate signed by at least three 
 members of the Bar in good standing in the judicial 
 district in which he has resided or intends to practice, 
 that he is personally known to them, and that they be- 
 lieve him to be of good moral character. 
 
 4. A certificate from the Dean of the Law School 
 or preceptor that he has been regular in attendance and 
 pursued the study of the law with diligence from the 
 time of his registration. 
 
 RULE 5. Every applicant for admission must sus- 
 tain a satisfactory examination in Blackstone's Com- 
 mentaries, constitutional law, including the Constitu- 
 tions of the United States and Pennsylvania, equity, the 
 law of real and personal property, evidence, decedents' 
 estates, landlord and tenant, contracts, commercial law, 
 partnership, corporations, crimes, torts, domestic rela- 
 tions, common law pleading and practice, Pennsylva- 
 nia practice, the Federal statutes relating to the judic- 
 iary and to bankruptcy, Pennsylvania statutes and deci- 
 sions and the rules of the Supreme and Superior Courts 
 
 7 
 
Rules 6-7] SUPREME COURT RULES 
 
 Attorneys. 
 
 and of the courts of the county in which the applicant 
 intends to practice.- 
 
 RULE 6. Examination for registration and admis- 
 sion to the Bar shall be conducted in writing, and shall 
 be held simultaneously, after due notice, twice a year, 
 in the cities of Philadelphia and Pittsburgh. 
 
 RULE 7. The State Board of Law Examiners 
 shall consist of five members of this Bar and shall be 
 appointed by the Court. They shall hold office during 
 the pleasure of the Court, for a term not exceeding five 
 years, except that of the members of the Board now ap- 
 pointed one shall withdraw at the end of each year, 
 such withdrawals to be made in the order of seniority 
 of admission to the Bar. The members of the Board 
 shall serve without compensation, but shall be reim- 
 bursed their traveling and other expenses. The Board 
 may, with the approval of the Court, appoint examiners 
 to superintend the conduct of the examinations and 
 to report upon the answers of the candidates, but the 
 members of the Board shall be responsible to the Court 
 for the enforcement of these rules, and the proper as- 
 certainment of the results of the examinations. The 
 Board may also, with the approval of the Court, ap- 
 point a secretary and a treasurer, or the same person 
 may hold both offices, and they may pay to each exam- 
 iner and to the secretary and treasurer out of the fees 
 received, and after deduction of the necessary expenses, 
 a reasonable compensation. When application is made 
 for a suspension of the rules in any particular case, the 
 
SUPREME COURT RULES [Rules 8-9 
 
 Attorneys. 
 
 Board of Examiners shall report such application to 
 the Supreme Court with a recommendation upon the 
 merits. 
 
 RULE 8. It shall be the duty of the State Board of 
 Law Examiners to prepare a paper for gratuitous dis- 
 tribution among intending applicants for registration 
 or admission containing detailed information as to the 
 subjects of examination. 
 
 RULE 9. Attorneys from other States, upon pre- 
 senting satisfactory evidence that they are members in 
 good standing of the Appellate Court of last resort of 
 the State from which they came; that they have prac- 
 ticed in a Court of Record of that State for at least five 
 years, and that they are of good moral character, may 
 be admitted to the Bar of this .Court without examina- 
 tion upon the recommendation of the State Board, pro- 
 vided, however, that the Board may, in its discretion, 
 require any such applicant to take a final examination. 
 
 Attorneys from other States, upon presenting satis- 
 factory evidence that they are members in good stand- 
 ing of a Court of Record of the State from which they 
 came, and have practiced therein for at least one year, 
 and that they are of good moral character, may, in the 
 discretion of the State Board, be permitted to take a fi- 
 nal examination without previous registration. 
 
 The State Board of Law Examiners may, in its dis- 
 cretion, permit an attorney from another State, without 
 regard to the period during which he has practiced law 
 in that State, to take a final examination without pre- 
 
 9 
 
Rules 10-14] SUPREME COURT RULES 
 
 Agreements of Attorneys, Criminal Cases, Errors and Appeals. 
 
 vious registration in this State, if he shall have served 
 a regular clerkship in the office of a practicing attor- 
 ney in this State for a period of at least one year prior 
 to said examination. 
 
 AGREEMENTS OF ATTORNEYS 
 
 Superior RULE 10. All agreements and notices of attorneys 
 Rule 6. touching the business of the Court shall be in writing, 
 otherwise the Court will not enforce them. 
 
 CRIMINAL CASES 
 
 RULE 11. The first Monday of each month shall 
 be a special return day in each district for all appeals in 
 cases of conviction and sentence of death for murder of 
 the first degree. The fifth Monday after issuing the 
 writ shall be assigned for the argument thereof. 
 
 RULE 12. Capital cases shall be placed at the head 
 of the list for argument. 
 
 RULE 13. The appellant shall serve his paper 
 books on the proper district attorney ten days before 
 the day assigned for the hearing, and the appellee shall 
 serve his three days before the hearing. 
 
 ERRORS AND APPEALS 
 
 Superior RULE 14. Counsel for the appellant shall, on or 
 Ru"e*8. before the return day of the term at which the case is 
 upon the list for argument, specify in writing the par- 
 ticular errors which he assigns, and file the same in the 
 
 10 
 
SUPREME COURT RULES [Rule 14 
 
 Errors and Appeals. 
 
 Prothonotary's office ; and on failure so to do the Court 
 may non pros, the writ. 
 
 Assignments of error must be filed, Landis vs. Maker, 1 W. N. C. 
 407, and must be printed, Speers vs. Knarr, i Pa. Superior 80. Matters 
 to -which error is assigned must be contained in the record, Thirty-fourth 
 St., 81 Pa. 27, and the facts upon wliich the assignments are based must 
 be set out. Gamble vs. Woods, 53 Pa. 158, Harris vs. R. R. Co., 156 Pa. 
 253. If the error complained of is not sustained by the record, it will 
 not be considered. Girts vs. Com., 23 Pa. 351. 
 
 Errors not assigned as required by the rules of the Supreme Court 
 will be held to be the same as no assignments at all. Thompson vs. 
 McConnell, 1 Grant, 396 ; Daniel vs. Daniel, 33 Pa. 198 ; Bull's Appeal, 34 
 Pa. 286. 
 
 An appeal from a decree entered in accordance with suggestion of 
 the Supreme Court will not be considered. Equitable Tr. Co. vs. Gaiis, 
 194 Pa. 435. 
 
 An appeal in name may be a certiorari in legal effect and inspection 
 of the record is necessary to determine. Diamond St., 196 Pa. 254. 
 
 Certiorari, not writ of error, is the remedy where a new jurisdiction 
 is created by law and the court exercises the jurisdiction in a manner dif- 
 ferent from the common law. Diamond St., 196 Pa. 354. 
 
 A certiorari does not bring up the testimony or opinion of the court 
 below. Diamond St. 196 Pa. 354. 
 
 Appeal under the Act of May 9, 1889, P. L. 158 is only common law 
 certiorari when it is taken from a final order of the quarter sessions in 
 a desertion case under the Act of April 13, 1867, P. L. 78. Com. vs. Smith, 
 300 Pa. 363. 
 
 An appeal from the order of the common pleas in habeas corpus is 
 in effect a certiorari, and, if the record is regular, no appeal will lie. Com. 
 et al vs. McDougall 303 Pa. 391. 
 
 An order discharging a rule to strike off an appeal from the report of 
 county auditors is interlocutory and non-appellable. Moore's Appeal, 203 
 Pa. 376. 
 
 An appeal from an order of court striking, off a satisfaction of a 
 judgment is in legal effect a common law certiorari and is to be dis- 
 posed of as such. Shoup vs. Shoup, 203 Pa. 23. 
 
 An appeal lies from the discharge of a rule to show cause why the 
 suit should not be dismissed for want of jurisdiction; the alleged want of 
 jurisdiction being based on an affidavit and plea that the same cause of 
 
 11 
 
Rules 15-17] SUPREME COURT RULES 
 
 Errors and Appeals. 
 
 Superior 
 Court 
 Rule 9. 
 
 Superior 
 Court 
 Rule 10. 
 
 Superior 
 Court 
 Rule 11. 
 
 action had been pleaded by plaintiiif on a set off in another suit between 
 same parties which is still pending. Such order is not final judgment. 
 Price vs. Davis Coal and Coke Co., 208 Pa. 395. 
 
 No appeal lies to the entering of a non-suit. Hallock vs. Lebanon. 215 
 Pa. 1. 
 
 When an appeal has been entered and the writ of certiorari filed in 
 the court below within six months of the date of the judgment or decree 
 appealed from, and it appears that there had been no execution issued or 
 distribution ordered when the appeal was perfected, the fact that a bond 
 was not entered until after the expiration of the six months is no ground 
 for quashing the appeal. Hanhauser vs. R. R. Co., 322 Pa. 240. 
 
 Compare notes to Rules 26 and 27. 
 
 JUDGMENT. N. O. V. 
 
 Formerly the refusal of the court to enter judgment for defendant 
 n. 0. V. was not assignable as error unless an exception had been taken. 
 Kaiser vs. Eberly, 226 Pa. 21 ; but it seems the Act of May 11, 1911, Sec. 
 6. P. L. 279, renders such exception unnecessary. 
 
 RULE 15. In all cases where the record is not re- 
 turned on the return day of the term at which the case 
 is upon the list for argument, it shall be the duty of the 
 Prothonotary to enter a non pros., which shall not be 
 taken ofif except by order of the Court. 
 
 RULE 16. The Prothonotary shall endorse on 
 each appeal or writ of certiorari to remove proceedings 
 a rule to appear and plead at the return day of the writ; 
 and in default of appearance when the cause is called 
 for argument, and on proof of ten days' service of the 
 rule on the appellee or his counsel below, the Court will 
 proceed ex parte. 
 
 RULE 17. In all cases where, in pursuance of the 
 judgment of this Court, a cause goes back to the court 
 below for further proceedings, it shall be the duty of 
 the Prothonotary to certify and send back with the or- 
 
 12 
 
SUPREME COURT RULES [Rules 18-19 
 
 Errors and Appeals. 
 
 der, decree or judgment a copy of the opinion of the 
 Court which shall have been filed. 
 
 Where the attention of the Supreme Court is called to a desire for 
 an opportunity for appeal by the winning party in the court below, in 
 case he should lose on the appeal by his opponent in the Suprerhe Court, 
 the practice is merely to reverse the judgment and send the record back 
 to the court below to enter such judgment as it should have entered in the 
 first instance. 
 
 The time for appeal by a different party will then begin to run from 
 such judgment, so that no one will be barred without a fair opportunity 
 to be heard. 
 
 Where the Supreme Court, in reversing the court below, inadvertently 
 enters judgment for the plaintiff on the verdict, and the time for de- 
 fendant's appeal has passed, it will subsequently, on a rule to open or 
 modify the previous judgment, rescind so much of it as gives judgment 
 for the plaintiff, but let the reversal of the judgment of the court below 
 stand, and remit the record of the court below for such judgment as law 
 and justice require. Hughes vs. Miller, 192 Pa. 365. 
 
 RULE 18. Motions for reargument or for any superior 
 other purpose, after judgment, order or decree, shall be •Euie*i2. 
 filed in the office of the Prothonotary of this Court for 
 the proper district, but the record shall not be retained 
 in any appeal beyond the limit of ten days provided by 
 the Act of May 19, 1897, unless upon an order from the 
 Court or one of the Justices thereof. Such motions must 
 be accompanied with a copy of the opinion of the Court. 
 
 RULE 19. Petitions for the allowance of an ap- 
 peal from the Superior or other court, or for special 
 supersedeas or other interlocutory order, must set forth 
 the question involved, the opinion of the court and the 
 grounds on which an appeal or other order is asked; 
 
 13 
 
Rules 20-21] SUPREME COURT RULES 
 
 Errors and Appeals. 
 
 and, where practicable, must be accompanied by copies 
 of the paper-books. 
 
 On an appeal from the judgment of the Superior Court, the question 
 for the decision of the Supreme Court is whether the judgment of the 
 Superior Court is correct on the record which was before it. If there 
 has been a misapprehension of the facts, through the inadvertent error 
 of counsel in presenting the case, the remedy is to be sought by an ap- 
 plication to that court and not by an appeal to the Supreme Court. Phila. 
 vs. Penna. Co. for Instruction of the Blind, 214 Pa. 138. Piatt Barber 
 Co. vs. Groves, 193 Pa. 175. 
 
 On an appeal from the Superior Court to the Supreme Court, the 
 proper form of an assignment of error is that "the Superior Court erred 
 in not sustaining (or in sustaining as the case may be) the first assign- 
 ment of error to the judgment of the common pleas to wit," etc. If there 
 are any new and further matters raised by the judgment of the Superior 
 Court itself, they should be assigned separately in their due order. 
 
 An assignment merely specifying error in affirming the judgment of 
 the Court of Common Pleas, without more, and assignments merely alleg- 
 ing error by the court below and not by the Superior Court, are not in the 
 prescribed form. Griesmer vs. Hill, 225 Pa. 545. 
 
 See note on Rule 26, page 20. 
 
 RULE 20. All such petitions shall be filed with 
 the Prothonotary of the district in which the cause is 
 pending, and shall be presented by him to the Court or 
 the most convenient Justice thereof. For purposes of 
 computation of time, etc., the matter shall be deemed 
 to be sub judice from the date of such filing. 
 
 RULE 21. If the prayer of the petition be granted, 
 the Prothonotary shall notify counsel for the petitioner, 
 who must thereupon promptly file his praecipe and 
 perfect the appeal in accordance with the statute, or 
 take such action in cases not for appeal as may be ap- 
 propriate to the relief sought. 
 
 14 
 
SUPREME COURT RULES [Rules 22-23 
 
 Errors and Appeals. 
 
 RULE 22. All appeals in civil knd criminal cases 
 from the Superior Court to this Court shall be placed 
 at the head of the list for the third argument week af- 
 ter the appeal has been allowed, and if the Court is then 
 sitting in another district, the Prothonotary shall 
 promptly certify it to that district. 
 
 RULE 23. In mandamus proceedings, in actions 
 of ejectment, either legal or equitable, and in all other 
 actions or issues in the Common Pleas or in the Orphans' 
 Court which involve the possession of, or title to, real 
 property, or chattels, real or personal, the appellant 
 shall be required to file with his appeal a certificate of 
 the judge hearing the case that the value of the land 
 or of the interest or of the property really in contro- 
 versy is greater than fifteen hundred dollars. 
 
 An agreement that the amount in controversy is greater than the 
 jurisdictional amount is not the legal equivalent of the certificate pre- 
 scribed and required by the act. Matthews vs. Rising, 194 Pa. 217. 
 
 Where two claims against a decedent's estate are separate and dis- 
 tinct, and neither of them amount to $1500, tliey cannot be joined to make 
 up the amount requisite to give the Supreme Court jurisdiction over an 
 appeal by the executrix. Jenning's Estate, 195 Pa. 406. 
 
 The Supreme Court has no jurisdiction over an appeal where the 
 judgment of the court below is for an amount less than $1500, although 
 the judgment may incidentally settle the right to future sums which will 
 exceed $1500. Hosack vs. Crill, 197 Pa. 370. 
 
 On appeals from the orphans' court the jurisdiction of the appellate 
 court depends upon the amount of the separate interest of each appellant. 
 The jurisdiction of the Superior Court cannot be taken away by lumping 
 the claims of different appellants. Samson's Estate, 201 Pa. 590. 
 
 On appeal from a decree or judgment for the payment of money in 
 any court or any form of action, the amount in controversy is determined 
 for purposes of jurisdiction by the amount of the decree or judgment. 
 Prentice vs. Hancock, 204 Pa. 128. 
 
 15 
 
Missing Page 
 
SUPREME COURT RULES [Rules 24-26 
 
 Assignments of Error. 
 
 of the priority in distribution given to a mortgage, an appeal by the claim- 
 ant questioning the right of such priority lies within the jurisdiction of the 
 Superior Court. Green vs. Duffee, 231 Pa. 393. 
 
 RULE 24. If the facts on which to base the certi- gXt'*"" 
 ficate do not appear in the course of the trial or hear- Rule 21. 
 ing, the judge shall require the parties to produce evi- 
 dence thereof for his information in order to make 
 such certificate; and when counsel do not agree as to 
 the necessity for printing plans and drawings, the mat- 
 ter shall be submitted to the trial judge, whose decis- 
 ion shall be conclusive. 
 
 RULE 25. The return day of appeals for the sec- 
 ond period of Philadelphia County shall be the twelfth 
 Monday of the term. 
 
 ASSIGNMENTS OF ERROR 
 
 RULE 26. Each error relied on must be specified co^^t'°^ 
 particularly and by itself. If any specification em- Rule 14. 
 brace more than one point, or refer to more than one 
 bill of exceptions, or raise more than one distinct ques- 
 tion, it shall be considered a waiver of all the errors so 
 alleged. 
 
 ASSIGNMETJTS OV HBROB— EQ0ITT. 
 
 Assignments of error are an essential part of the pleadings, and as 
 such they should be so complete in themselves as to show the judgment 
 or decree of the Supreme Court, without reference to any other part of 
 the record, which is remitted to the court below after the disposal of the 
 appeal. Cessna's Estate, Kunkel's Appeal, 193 Pa. 14; North Mountain 
 Water Supply Co. vs. Troxel, 223 Pa. 315. 
 
 An assignment of error to a decree should set out the decree. 
 Cotmeaut Lake Ice Co. vs. Quigley, 255 Pa. 605. 
 
 17 
 
Rule 26] SUPREME COURT RULES 
 
 Assignments of Error. 
 
 On an appeal from a decree awarding a preliminary injunction, the 
 assignments of error must set out the decree. An assignment which mere- 
 ly avers "the court erred in granting the preliminary injunction" is in- 
 sufficient. North Mountain Water Supply Co. vs. Troxel, 223 Pa. 315 ; see 
 also Yerger vs. Hunn, 231 Pa. 245, and Conneaut Ice Co. vs. Quigley, 
 235 Pa. 605. 
 
 Assignment of error to the dismissal of exceptions to an executor's 
 account by the orphans' court must set forth the exceptions in their ex- 
 act words. Johnston's Estate, 322 Pa. 514. 
 
 An appeal from a decree in equity to which no exception was taken 
 in court below, even though assignments of error have been filed in 
 Supreme Court, will be quashed. Beatty vs. Harris, 205 Pa. 377. 
 
 An assignment of error to findings of fact and conclusions of law by 
 the court below sitting as a court of equity will not be considered where 
 no exceptions have been filed to such findings and conclusions. Wick- 
 ham vs. Taylor, 225 Pa. 246. 
 
 ASSIGNMENTS OF ERROR — ^liAW. 
 
 Proceedings in a court of error assimilate themselves to those in 
 courts of original jurisdiction. The writ of error in a general way recites 
 the cause of complaint, and it is left to the assignments of error to specify 
 it as a declaration does the cause of action. The assignment must be 
 complete in itself; that is, self-sustaining. Process to correct error is the 
 institution of a species of action in which there are pleadings. Burkholder 
 vs. Stahl, 58 Pa. 371. 
 
 An assignment of error to the opinion of the court is improper. It 
 is the decree, or judgment, and not the opinion of the court, which is as- 
 signable as error. Johnston's Estate, 322 Pa. 514; Seltzer vs. Boyer, 224 
 Pa. 369. 
 
 An assignment of error which raises three separate questions violates 
 this rule. Haley vs. American Agricultural Chem. Co., 334 Pa. 316. 
 
 An assignment of error to the admission of testimony will not be 
 considered if such an assignment refers to more than one bill of ex- 
 ceptions, and thus violates Rule 26. Chestnut Hill, &c., vs. Montgomery 
 County, 228 Pa. 1. 
 
 Where the only error assigned is the refusal to take off non-suit the 
 Supreme Court will not consider rulings of trial court excluding testimony 
 offered by plaintiff and not assigned for error. Scranton Trac. Co. vs. 
 Schlichter, 202 Pa. 6; Forrest vs. Buchanan, 303 Pa. 454; Albright vs. 
 Lehigh C. & N. Co., 203 Pa. 65. 
 
 Where the court enters judgment non obstante veredicto and twenty 
 days thereafter counsel for plaintiffs ask leave to file an additional ex- 
 
 18 
 
SUPREME COURT RULES [Rule 26 
 
 Assignments of Error. 
 
 ception containing new matter, and this is disallowed without any excep- 
 tion being taken to the order of disallowance, the appellate court has noth- 
 ing on the record before it which calls for consideration of the new 
 matter contained in the exception which was disallowed. Lewis vs. Penna. 
 R. R. Co., 220 Pa. 317. 
 
 An assignment of error to the answer to a point for charge must set 
 out both the point and answer. Whitmire vs. Montgomery, 165 Pa. 253. 
 
 An assignment of error to the refusal of the court to grant a change 
 of venue will not be considered where neither the order of the court, nor 
 an exception thereto, is set forth in the assignment ; and one which quotes 
 the ruling of the court upon one question, and gives the answer of the wit- 
 ness to another question, under another ruling, not assigned for error, is 
 improper and will not be considered. Sipe vs. P. R. R. Co., 222 Pa. 400 . 
 
 Ordinarily an appellate court is not concerned to inquire into errors 
 committed on the trial of a case not specifically assigned for review. 
 Canole vsl Allen, 222 Pa. 156. 
 
 Where the record shows departure from established rules and pro- 
 cedure, affecting only the rights of the parties to the action, and no 
 specific complaint is made with respect thereto, the court will assume that 
 the departure was made by and with mutual consent— conventio vincit 
 legem. Canole vs. Allen, 222 Pa. 156. 
 
 But when the departure manifests a clear disregard of recognized pub- 
 lic policy, or is a violation of express statutory provisions, the appellate 
 court will take notice of the error whether assigned or not. Restrictions 
 so imposed are not subject to the pleasure of the parties or the power of 
 the courts. Canole vs. Allen, 222 Pa. 156. 
 
 The court will take notice of such a flagrant error as permitting a 
 husband to testify against his wife, although the error is not covered by 
 an assignment. Canole vs. Allen, 222 Pa. 156. 
 
 An assignment of error to the action of the trial court in directing 
 a verdict for the defendant will not be considered by the appellate court 
 where the record shows that no exception was taken to the instruction at 
 the trial. Guemple vs. Phila. Rapid Transit Co., 224 Pa. 327. 
 
 Where the trial court directs a verdict for the defendant without ob- 
 jection or exception by defendant, an assignment of error by the plaintiff 
 to the disallowance of testimony cannot be considered. Guemple vs. Phila. 
 Rapid Transit Co., 224 Pa. 327. 
 
 An assignment of error to the dismissal of exceptions to a sheriff's 
 sale and a refusal of a motion to set the sale aside is improper where 
 none of the exceptions are set forth. The dismissal of each exception 
 should be set forth in a separate assignment. Seltzer vs. Boyer, 224 
 Pa. 369. 
 
 19 
 
Rule 27] SUPREME COURT RULES 
 
 Assignments of Error. 
 
 A single assignment of error to the refusal of the court below to 
 strike out the testimony of a large number of witnesses violates Rule 26. 
 Each error relied on must be made the subject of a separate assignment. 
 Catlin vs. Northern Coal & Iron Co., 225 Pa. 262. 
 
 The refusal of a motion for a new trial is not a proper subject for 
 an assignment of error. Weitz vs. Banfield, 226 Pa. 241 ; even in a mur- 
 der case, Com. vs. Lombardi, 221 Pa. 31. 
 
 An assignment of error will not be considered which does not point 
 out any error committed by the court below, is not based on any excep- 
 tion, and is an attempt to raise in the appellate court a question not raised 
 or considered in the court below. Lindsay vs. Button, :;27 Pa. 208. See 
 further as to exceptions the Act of May 11, 1911, P. L. 1'79. 
 
 GENEKAL PKIKCIPIES. 
 
 Assignments of error should be confined to the substantial and material 
 questions necessary to a proper determination of the issues in controversy. 
 Two assignments should never be madft when one will cover the ground. 
 Cooper vs. Altoona Concrete, Etc., Co., 231 Pa. 557. 
 
 Assignments of error merely alleging that the court erred in sustain- 
 ing the bill without setting forth the final decree, that the court erred in 
 dismissing defendant's exceptions without setting them forth, and that the 
 court erred in refusing to consider requests for findings of fact without 
 setting out the findings are bad. Yerger vs. Hunn, 231 Pa. 245. 
 
 SUPERIOR COURT — APPEALS FROM. 
 
 The practice in appeals from the Superior Court is the same as that 
 in the same proceeding from a lower court — assignment of error must 
 be made. Mellick vs. P. R. R., 203 Pa. 457. 
 
 On an appeal from a judgment of the Superior Court, assignments 
 of error are improper, which merely allege error upon the part of the 
 trial court, and not by the Superior Court. 
 
 On such an appeal an assignment of error is improper which specifies 
 error by the Superior Court, in not sustaining the assignments of error 
 filed in that tribunal, but includes eight assignments under the one head, 
 instead of assigning the over-ruling of each assignment separately. Gib- 
 son vs. Bessemer & Lake Erie R. R. Co., 226 Pa. 198. 
 
 See note to Rule 19, page 14. 
 
 Superioi RULE 27. When the error assigned is to the charge 
 Court ^ , • , ^ r 
 
 Rule 15. of the court, or to answers to points, the part ot the 
 
 charge or the points and answers referred to must be 
 
 quoted ipsissimis verbis in the specification, and the 
 
 20 
 
SUPREME COURT RULES [Rule 27 
 
 Assignments of Error. 
 
 parts of the charge assigned as error shall be enclosed 
 in brackets in the printed charge with the number of 
 the assignment noted. 
 
 The numeral to the right of the bracket should correspond with the 
 number of the assignment. 
 
 POINTS, ASSIGNMENTS OIT EKBOB TO ANSWERS. 
 
 The purpose of a point submitted to a trial court is to obtain special 
 instructions to the jury on the law applicable to the case. Where the 
 court itself applies the law by a binding instruction, the jury have no 
 duty of application left to them, and the answers to points become mere 
 theoretical discourses on the law, having no practical application to the 
 case, and, being wholly irrelevant, they should not be assigned for error. 
 Helzer vs. Helzer, 187 Pa. 243. 
 
 Points must be presented where specific instructions are desired. Buck- 
 holder vs. Stahl, 58 Pa. 371 ; Haley vs. American Agricultural Chemical Co., 
 224 Pa. 316. 
 
 An assignment of error to the answer to a point must set forth both 
 the point and answer. Whitmire vs. Montgomery, 165 Pa. 253; Morgan 
 vs. Gamble, 230 Pa. 164; and where a point has been refused, must show 
 an exception was taken to the refusal. Reiser vs. Eberly, 226 Pa. 21 ; Fow- 
 ler Waste Mfg. Co. vs. Otto Gas Engine Works, 227 Pa. 314. But compare 
 Act of May 11, 1911, Sec. 2 and 6, P. L. 279. 
 
 An assignment of error specifying that the court erred "in refusing 
 defendant's second and third points," both of which are recited therein, 
 oifends against Rule 26 in that it embraces ''more than one point," and is 
 therefore a waiver of both alleged errors. An assignment of error which 
 fails to quote "totidem verbis" the point, or the) court's answer thereto, 
 but in lieu thereof quotes a garbled extract from a sentence of the an- 
 swer, violates Rule 27. Crawford & Moyes vs. McKinney, 165 Pa. 605. 
 
 The Supreme Court will not consider an assignment of error to an 
 answer to a point where the assignment although containing the point, 
 does not quote the answer totidem verbis. Hall vs. Phillips, 164 Pa. 494. 
 
 CHARGE, ASSIGNMENTS OF ERROR TO. 
 
 Where error is assigned to the charge of the court, the part of the 
 charge referred to must be quoted in its exact words in the specification, 
 Walton vs. Hinnan, 146 Pa. 396 ; Com. vs. Lombardi, 221 Pa. 31 ; and 
 where the whole of the charge is referred to, it should be set out in full, 
 Udderzook vs. Harris, 140 Pa. 236; Morgan vs. Gamble, 230 Pa. 165, al- 
 though appearing elsewhere in the paper-book, Gilmore vs. R. R. Co., 104 
 Pa. 275. 
 
 21 
 
Rule 27] SUPREME COURT RULES 
 
 Assignments of Error. 
 
 Where a portion of the charge is assigned as error, such portion must 
 be set forth in the assignment totidem verbis, in accordance with Rule 
 37. Haley vs. Amer. Agricultural Chem. Co., 324 Pa. 316. 
 
 Disjointed portions of a charge should not be quoted as a continuous 
 sentence. Com. vs. Eckerd, 174 Pa. 137; Com. vs. Zappe, 153 Pa. 498. 
 
 No reversal for the court's failure to answer a point for charge if 
 the question has been substantially answered in the general charge. 
 Creachen vs. Bromley Bros., 314 Pa. 15. 
 
 Nor will a judgment on a verdict be reversed because of a detached 
 portion of the charge alleged as error when it appears that, taken in con- 
 nection with the rest of the charge, it could not have misled the jury, Karl 
 vs. Juniata, 206 Pa. 633. 
 
 Error cannot be assigned to what was not said by the judge below 
 without a request so to charge. Burkholder vs. Stahl, 58 Pa. 371. 
 
 An assignment of error which complains that the court erred in not 
 instructing the jury to find for the plaintiffs is bad, where the record 
 shows that no request for binding instructions in favor of plaintiff was 
 made. Haley vs. American Agricultural Chem. Co., 224 Pa. 316. 
 
 Excerpts from a charge are to be considered with the charge, and 
 those which ignore the parts of the charge immediately preceding and 
 following are not reliable without inspection of the charge in its entirety. 
 Tucker vs. Penn Bridge Co., 197 Pa. 442. 
 
 An assignment of error to the entire charge of the court without 
 pointing out any specific error will not be considered by the Supreme 
 Court. Drenning &• Long vs. Wesley, 189 Pa. 160 ; Card vs. Township, 
 191 Pa. 254. 
 
 Where a specific portion of a charge is assigned for error, a second 
 assignment, which alleges error in charging the jury "as follows" and fqr 
 specification thereof recites the entire charge bodily, including the para- 
 graph complained of in the first assignment, is bad. An assignment which 
 alleges error "in submitting the case to the jury under the evidence" is 
 equally defective. Voshamp & Co. vs. Connor, 173 Pa. 109. 
 
 Where the appellant fails to print in his paper-book the greater part 
 of the testimony, the Supreme Court will assume that the portions of the 
 charge assigned as error are fully warranted by the testimony. Bradley 
 vs. Vernon, 166 Pa. 603. 
 
 An assignment of error that "the trial judge erred in charging the 
 jury that the decedent was a passengrer," without quoting any of the charge, 
 offends against Rule 27, which provides that "the part of the charge re- 
 ferred to must be quoted totidem verbis in the specification." McNulty vs. 
 Pa. R. R. Co., 183 Pa. 479. 
 
 22 
 
SUPREME COURT RULES [Rule 28 
 
 Assignments of Error. 
 
 An appeal will be quashed where the only errors assigned are to the 
 charge of the court and it appears no exception was taken to the charge at 
 the trial. McConnell vs. R. R., 206 Pa. 370. 
 
 An assignment to a portion of the charge which fails to quote it 
 violates Rule 27, and will not be considered. So also with assignments 
 of error to points which do not set out answers. Morgan vs. Gamble, 
 230 Pa. 165. 
 
 It is improper to assign error as follows : "The court erred in omit- 
 ting in its general charge to instruct the jury as requested by the de- 
 fendant by his counsel as follows :" setting forth a mere suggestion of 
 counsel as to the duty of the court under the circumstances. Wirsing vs. 
 Smith, 223 Pa. 8. 
 
 It is erroneous and improper to assign error as follows : "The court 
 erred in charging the jury as follows, special attention being directed to 
 those portions of the charge inclosed in brackets :" setting forth the whole 
 charge. Wirsing vs. Smith, 222 Pa. 8. 
 
 An answer of the trial judge to a communication from the jury not 
 excepted to, cannot properly be assigned as error. Corrigan vs. Wilkes- 
 Barre &• Wyoming Val. Trac. Co., 225 Pa. 560. 
 
 An assignment of error to the charge of the court will not be con- 
 sidered where it appears that no exception was taken to the charge at the 
 trial. Lindsay vs. Button, 227 Pa. 208; Fowler Waste Mfg. Co. vs. Otto 
 G. E. Works Ibid, 314. 
 
 Error alleged to have been committed by the trial judge in referring 
 to testimony if not brought to his attention will not be considered in the 
 Supreme Court. Kunts vs. New York, Chicago & St. Paul R. R., 206 
 Pa. 162. 
 
 ACT OF MAT 11, 1911. 
 
 Section 2 of the Act of May 11, 1911, P. L. 279, abolishes the method 
 existing heretofore of taking exceptions to the charge of the court at a trial. 
 It is submitted, however, that this does not effect a variation in the pre- 
 vailing practice in assignments of error. Section 6 of the Act renders ex- 
 ceptions to a decision of the lower court unnecessary for the purpose of 
 assigning error if the decision appears in the proceedings. 
 
 RULE 28. When the en-or assigned is to the ad- Superior 
 
 ide 
 23 
 
 mission or rejection of evidence, or to the striking out ru"J jg. 
 
Rule 28] SUPREME COURT RULES 
 
 Assignments of Error. 
 
 or refusal to strike out evidence, the specification must 
 quote the questions or offers, the ruling of the court 
 thereon, and the evidence admitted or rejected, strick- 
 en out or which the court refuses to strike out, together 
 with a reference to the page of the paper-book or ap- 
 pendix where the matter may be found in its regular 
 order in the printed evidence or notes of trial. When 
 the error alleged is the admission or rejection of a writ- 
 ing, a full copy of the writing must be printed in the 
 paper-book. Any assignment of error not according 
 to this and the rule immediately preceding will be dis- 
 regarded. 
 
 The Supreme Court will not consider an assignment of error to the 
 admission of evidence, where there is nothing on the record to show that 
 an exception was taken to the admission of the evidence. Com. vs. Wil- 
 son, 186 Pa. 1 ; Mixel vs. Betg, 168 Pa. 328 ; Guemple vs. Philadelphia 
 Rapid Transit Co., 224 Pa. 327; Fowler Waste Mfg. Co. vs. Otto G. E. 
 Co., 227 Pa. 314. 
 
 A party complaining on appeal of the admission of evidence objected 
 to in the court below, will be limited to the specific objection made to it 
 at the trial, and this rule is not changed by the fact that it was made on 
 the argument for a new trial. Danley. vs. Danley, 179 Pa. 170; Benner 
 vs. Fire Asso., 229 Pa. 75. 
 
 If no exceptions are taken to the rejection by a referee of an offer of 
 evidence, the question whether the offer is erroneous cannot be considered 
 on appeal. Morgan vs. L. V. C. Co., 215 Pa. 443. 
 
 An assignment of error to the admission of testimony is not accord- 
 ing to rule, which, while containing the offer of evidence, does not include 
 any part of the testimony admitted under it. Sopherstein vs. Bertels, 
 178 Pa. 401. 
 
 An assignment of error to the admission of testimony which fails to 
 quote the testimony, violates Rule 28 and should be entirely disregarded. | 
 Raymond vs. Schoonover, 181 Pa. 352. See also Cornish vs. Hooker, 
 141 Pa. 138; McElroy vs. Braden, 152 Pa. 78; and Com. vs. McKwayne, 
 221 Pa. 449. 
 
 24 
 
SUPREME COURT RULES [Rule 28 
 
 Assignments of Error. 
 
 An assignment of error to the admission of testimony must set forth 
 the testimony and the rulings of the court thereon. Com. vs. McKwayne 
 S21 Pa. 449. 
 
 Assignments of error to the admission of evidence are defective if 
 they do not set forth the evidence admitted. Conneaut Lake Ice Co. vs. 
 Quigley, 225 Pa. 605. 
 
 An assignment of error to the admission of evidence will not be con- 
 sidered where the answers to questions and papers admitted are not set 
 forth in the assignments. Cunningham vs. Rogers, 225 Pa. 132. 
 
 An assignment of error to a ruling on evidence will not be considered, 
 where the assignment does not contain a reference to the page of the 
 paper-book where the matter complained of may be found in the printed 
 evidence. Fowler Waste Mfg. Co. vs. Otto Gas Engine Co., 227 Pa. 314. 
 Boyce vs. Union Drive P. L. A., 218 Pa. 494; Hobel vs. M. & S. R'y & 
 Light Co., 229 Pa. 508. 
 
 An assignment of error to the exclusion of testimony must refer to 
 the page of the appendix of the paper-book where the matter can be 
 found. Foringer vs. New Kensington Stone Co., 223 Pa. 425. 
 
 An assignment of error to the exclusion of testimony will not be 
 considered where the assignment fails to set forth the offer, the objec- 
 tions thereto, and the ruling of the court thereon. Gish vs. Brown, 171 
 Pa. 479. 
 
 An assignment of error to the exclusion of evidence will not be 
 considered, where the assignment does not refer to, the place where the 
 matter referred to appears in its regular order in the printed evidence 
 as required by Rule 28. Doiuney Bros. vs. Penna. R. R. Co., 219 Pa. 32. 
 
 An assignment of error to the admission of papers will not be con- 
 sidered where the record shows that there was no exception taken, bill 
 sealed, or objection made to the admission of the evidence at the trial. 
 Green & Co. vs. Thompson,- 172 Pa. 609. 
 
 An assignment of error to the exclusion of a paper violates Rule 
 28, where the assignment fails to set out either the offer or the objection, 
 and does not contain a copy of the paper excluded. Bower vs. Walker 
 220 Pa. 294. 
 
 25 
 
Rule 29] SUPREME COURT RULES 
 
 Paper-Books. 
 
 PAPER-BOOKS 
 
 Superior RULE 29. In all cases where the appeal is from a 
 Rule 17. judgment on a verdict, the paper-book of the appellant 
 
 shall contain the following matters in the following 
 
 order: 
 
 1. Names of all the parties as they stood on the record 
 
 of the court below at the time of the trial, with the 
 addition of the word "appellant" after the name of the 
 party taking the appeal, and the form of the action. 
 
 2. Copy of the docket entries. 
 
 3. Abstract of the proceedings showing the issue 
 and how it was made. 
 
 4. When necessary, a certificate of the trial judge 
 showing the amount in controversy (see Rule 23). 
 
 5. Statement of the questions involved (see Rule 
 34). 
 
 6. History of the case (see Rule 35). 
 
 7. Charge of the court, naming the judge, the 
 points, if any, which were submitted in writing to the 
 court, and the answers thereto. 
 
 8. Verdict of the jury and the judgment thereon. 
 
 9. Assignments of error. 
 
 26 
 
Supreme Court of Penna. 
 
 Modification and Changes in Rules 29 
 and 31. 
 
 And now, July 1, 1914, Rule 29 is 
 amended by striking from paragraph 
 
 11 thereof the following, "including 
 any opinion of the court below filed in 
 the case," and inserting as para- 
 graph 9 the following: "9. Any opin- 
 ion filed by the court below in the 
 case;" and numbering the three sub- 
 sequent paragraphs" 10, 11 and 12, re- 
 spectively. 
 
 And now, July 1, 1914, Rule 31 is 
 amended by striking from paragraph 
 
 12 thereof the following, ^'including 
 any other opinion of the court below 
 filed in the case," and changing para- 
 graph 9 so as to read as follows: 
 "9. Opinion of the court on the ex- 
 ceptions and the decree made, together 
 with any other opinion of the court 
 filed in the case." 
 
SUPREME COURT RULES [Rule 29 
 
 Paper-Books. 
 
 10. Brief of argument of the appellant (see Rule 
 36). 
 
 11. Appendix containing the evidence and the 
 pleadings in full, including any opinion of the court 
 below filed in the case, and copies of plans or draw- 
 ings, whenever they have been used in the court below 
 and are necessary for a correct or ready understand- 
 ing of the case (see Rules 24 and 39). 
 
 "We have frequently overlooked irregularities in paper-books and per- 
 mitted amendments at bar, but this is bad practice * * * We think the 
 time has come where we must insist upon compliance with our rules re- 
 latmg to assignments of error and the preparation of paper-books." 
 Sharswood C. J. in Dietrich -vs. Addams, 9 W. N. C. 492. 
 
 Failure to print the opinion of the court below on a motion for a new- 
 trial will result in the Supreme Court quashing the appeal of its own mo- 
 tion. Sanker vs. Pa. R. R. Co., 205 Pa. 609. 
 
 It is an imperative duty to print the docket entries exactly as they 
 appear on the record. Inaccuracies may be noted and attention attracted 
 to them. Trescolt vs. Co-operative Building Bank, 212 Pa. 47. , 
 
 Where the error assigned is the refusal of the court to submit the 
 case to the jury, the whole evidence must be printed. Davenport vs. 
 Wright, 51 Pa. 392; Sorg vs. German Congregation, 63 Pa. 156. 
 
 The Supreme Court will not hear argument upon, nor consider as- 
 signments of error, based upon testimony which the appellant, in violation 
 of the rules of court, has neglected to present accurately and fully in his 
 paper-book, although such omission has not been made for the purpose 
 of misleading the court. Brooks vs. Church, 135 Pa. 137. 
 
 An assignment of error to a ruling on evidence will not be considered where 
 the assignment does not contain a reference to the page of the paper-book where 
 the matter complained of may be found in the printed evidence. Fowler Waste 
 Mfg. Co. vs. Otto Gas Engine Co., 227 Pa. 314. Boyce vs. Union Drive P. 
 L. A., 218 Pa. 494. Foringer vs. New Kensington Stone Co., 223 Pa. 425. 
 
 See notes to Rules 30 and 31. 
 
 27 
 
Rule 30] SUPREME COURT RULES 
 
 Paper-Books. 
 
 gP^f °^ RULE 30. In all cases where the appeal is from a 
 Rule 18. final judgment at law in the Common Pleas, not 
 founded upon a verdict or on a case stated, the paper- 
 book of appellant shall contain: 
 
 1. Names of all the parties as they stood on the 
 record of the court below at the time of the entry of 
 the judgment, with the addition of the word "appel- 
 lant" after the name of the party taking the appeal, 
 and the form of the action. 
 
 2. Abstract of the record showing the exact ques- 
 tions presented for the decision of the court and how 
 disposed of. 
 
 3. When necessary, a certificate of the trial judge 
 showing the amount in controversy (see Rule 23). 
 
 4. Statement of the questions involved (see Rule 
 34). . 
 
 5. History of the case (see Rule 35). 
 
 6. Requests for findings of facts and law and the 
 answers thereto. 
 
 7. Report of facts and law by the judge sitting 
 without a jury. 
 
 8. Exceptions to the findings of the court. 
 
 9. Opinion filed. 
 
 10. Judgment of the court. 
 
 28 
 
SUPREME COURT RULES [Rule 31 
 
 Paper-Books. 
 
 11. Assignments of error. 
 
 12. Brief of argument of appellant (see Rule 36). 
 
 13. Appendix, containing the record in full, except 
 the parts thereof printed in the paper-book proper, 
 and unless dispensed with by the appellee, the evi- 
 dence submitted in the court below. 
 
 14. Copies of plans or drawings, whenever they 
 have been used in the court below and are necessary 
 for a correct or ready understanding of the case (see 
 Rules 24 and 39). 
 
 In a trial without a jury under the Act of April 33, 1874 (P. L. 190), 
 if the record shows no exception to the order of court over-ruling plain- 
 tiff's exceptions to the decision and directing judgment to be entered for 
 appellee, no exception having been taken or bill sealed in the court below 
 throughout the proceeding, resulting in judgment against appellant, the 
 appeal must be quashed. McDermot* vs. Blank, 330 Pa. 393. 
 
 See notes to Rules 39 and 31. 
 
 RULE 31. In all cases where the appeal is from Superior 
 
 , . . . r 1 • • r Court 
 
 a proceeding m equity or from a proceeding in the Rule 19. 
 nature thereof in the Court of Common Pleas, or from 
 the Orphans' Court, the appellant's paper-book shall 
 contain: 
 
 1. Names of the parties and the nature of the pro- 
 ceedings, including the docket entries. 
 
 2. When necessary, a certificate of the trial judge 
 showing the amount in controversy (see Rule 23). 
 
 3. Short abstract of the bill or petition and answer. 
 
 29 
 
Rule 31] SUPREME COURT RULES 
 
 Paper-Books. 
 
 4. Statement of the questions involved (see Rule 
 34). 
 
 5. History of the case (see Rule 35). 
 
 6. Report of the auditor, referee or master, if there 
 was one. 
 
 7. Requests for findings of fact or law with the 
 answers thereto, and the findings of the judge. 
 
 8. Exceptions taken to the report in the court be- 
 low. 
 
 9. Opinion of the court on the exceptions, and the 
 decree made. 
 
 10. Assignments of error. 
 
 11. Brief of argument of appellant. 
 
 12. Appendix containing pleadings in full, includ- 
 ing any other opinion of the court below filed in the 
 case, and such documentary and other evidence as 
 may be necessary (see Rule 46). 
 
 13. Copies of plans or drawings, whenever they 
 have been used in the court below and are necessary 
 for a correct or ready understanding of the case (see 
 Rules 24 and 39). 
 
 Where an auditor's findings of fact are based upon documentary and 
 other evidence taken by him, but not returned with his report printed in 
 appellant's paper-book, the case will be remitted to the court below foi 
 remedy of defect. Pittsburg Wagon Work Estate, 198 Pa. 250. 
 
 If the appellee objects to the omission by the appellant to print a 
 portion of the evidence taken in an equity proceeding, the Supreme Court 
 will affirm the decree. Wilson vs. Keller, 195 Pa. 98. 
 
 30 
 
SUPREME COURT RULES [Rules 32-33 
 
 Paper-Books. 
 
 In an appeal from a referee's findings of fact, the paper book must 
 print the evidence. Osterheldt vs. Phila. Ibid 355. 
 
 An appeal will be non suited where the paper-book of appellant in an 
 appeal from a decree dismissing exceptions to an auditor's report fails to 
 print auditor's findings, conclusions and discussion. Saxton's Est., 195 
 Pa. 459. 
 
 Or the exceptions. Manhs Est., 195 Pa. 483. 
 
 Where appellant has neglected to print the testimony or exhibits pro- 
 duced before an auditor, the Supreme Court will assume that all the find- 
 ings of fact by the auditor are correct. Stockdale vs. Maguin, 207 Pa. 327. 
 
 The appellate court cannot reverse a referee's finding of fact where 
 the appellant has failed to print the testimony in his paper-book. Thomp- 
 son vs. Prettyman, 231 Pa. 1. 
 
 For other notes applicable to this rule, see notes to Rules 29 and 30. 
 
 RULE 32. Where the judgment is on a case stated in Superior 
 the nature of a special verdict, the facts as agreed on by Rule 22. 
 the parties, the opinion of the court, statement of the 
 questions involved, assignments of error, and argument 
 of counsel will be sufficient. Paper-books in cases not 
 provided for in these rules shall conform as nearly to 
 said rules as circumstances will admit. 
 
 Where the paper-book in a case stated contains no docket entries, 
 opinion, judgment or assignments of error, the' appeal will be quashed. 
 Wernick Iron & Steel Co. vs. McKeag, 205 Pa. 490. 
 
 RULE 33. Paper-books on appeals from the Supe- 
 rior Court shall contain the petition and the order al- 
 lowing the appeal, the opinion of the Superior Court, 
 the dissenting opinion or opinions, if any, and assign- 
 ments of error to the judgment of the Superior Court. 
 If it is desired to use the paper-books used in the Su- 
 perior Court, they shall have a prefatory or supple- 
 
 31 
 
Rules 34] SUPREME COURT RULES 
 
 Paper-Books. 
 
 mentary addition containing the matters hereby re- 
 quired. 
 
 Superior RULE 34. The statement of the question involved 
 Rude 23. is designed to enable the Court to obtain an immediate 
 view of the nature of the controversy. It must state the 
 question or questions in the briefest and most general 
 terms, without names, dates, amounts or particulars of 
 any kind whatever. It should not ordinarily exceed 
 ten lines, and must not, under any circumstances, exceed 
 half a page. This rule is to be regarded as in the high- 
 est degree mandatory and admitting of no exception. 
 
 A paper-book omitting a statement of question involved will be 
 suppressed. 5th Wd. B. & L. A. vs. Boylan, 198 Pa. 250. 
 
 A statement of question involved which contains 29 lines and oc- 
 cupies nearly a whole page of paper-book is a violation of the rule. Van 
 Sciver Company vs. McPherson, 199 Pa. 331. 
 
 For appellant to print the statement of the question involved in large 
 type and double space, occupying about a page and a half of the paper 
 book, is dangerously near a violation of the rule. Buckman vs. P. & R. 
 R. Co., 232 Pa. 351. 
 
 A statement of the question involved which extends over more than 
 a page and is merely a repetition of the specifications of, error is a viola- 
 tion of this rule. Creachen vs. Bromley Bros., 214 Pa. 15. 
 
 A paper-book, even in a murder case, may be suppressed and the ap- 
 peal quashed, if the statement of the question involved and the history 
 of the case are of unduly great length and filled with irrelevant and 
 argumentative matters. Com. vs. Strail, 220 Pa. 483. 
 
 The statement of the question or questions involved must include 
 any question unrelated to the main matter for decision, but considered 
 sufficiently important to be assigned for error, or the assignment will be 
 ignored. Willock vs. Beaver, &.C., 229 Pa. 526. Smith vs. Lehigh Valley 
 R. R., 232 Pa. 456 (p. 462). 
 
 The Supreme Court will not consider the question of compensation 
 and counsel fee of a deputy escheator where no such question was raised 
 in the court below and is not included in appellant's paper-book in the 
 statement of question involved. Bonsequet Estate, 206 Pa. 534. 
 
 32 
 
SUPREME COURT RULES [Rules 35-37 
 Paper-Books. 
 
 For a comprehensive form of the statement of the question involved 
 touching various matters of evidence, where a detailed statement would 
 necessarily be prolix, see suggestion of Mr. Justice von Mo.scpizisker in 
 Smith vs. L. V. R. R., 232 Pa. 462. 
 
 RULE 35. The history of the case must contain a Superior 
 closely condensed statement of all the facts of which a Ru^e 24. 
 knowledge may be necessary in order to determine the 
 points in controversy here, but must not contain any 
 argument or any portion of the testimony. 
 
 Before preparing this part of his paper-book, appellant should 
 review the testimony carefully so that a statement not justified shall not 
 be made in the history of the case. Levin vs. Second Ave. Traction Co., 
 194 Pa. 156. 
 
 A history of the case covering 22 pages of the paper-book is a fla- 
 grant violation of this rule. Rafferty vs. Donnelly, 127 Pa. 423. 
 
 A history of the case 23 pages long, with frivolous and irrelevant de- 
 tails and argumentative statements is in contravention of this rule. Slater 
 vs. Slater, 209 Pa. 194. 
 
 RULE 36. The brief of the argument must contain Superior 
 
 , , . 1-11 Court 
 
 a clear statement of the points on which the party re- Rule 25. 
 lies, with such reasons and arguments as he may see 
 proper to add, together with all the authorities which 
 he thinks pertinent. Where the error assigned is to the 
 finding of fact by an auditor or master, the printed ar- 
 gument shall contain a synopsis of all the evidence bear- 
 ing upon such disputed question of fact with reference 
 to the page or pages of the appendix of the paper-book 
 where such evidence may be found in extenso. 
 
 RULE 37. When authorities are cited the princi- Superior 
 pie intended to be sustained by each case must be Rule 26. 
 stated. Cases of this Court decided since the com- 
 mencement of the State Reports and cases of the Supe- ^ 
 
 33 
 
Rules 38-39] SUPREME COURT RULES 
 
 Paper-Books. 
 
 rior Court must be cited by the volume of the official 
 reports. Wherever decisions of said Courts are cited 
 from legal periodicals, they must be accompanied by 
 the certificate of counsel, inserted at the end of the ar- 
 gument but not in the body thereof, that said cases have 
 not been reported in the official reports. Whenever a 
 statute is cited, the reference shall be to the pamphlet 
 laws and also to a standard digest in which it may be 
 found. 
 
 See remarks of Mr. Justice Mitchell in Duggan vs. Baliiriwre & 
 Ohio R. R. Co., 159 Pa. 248; and those of Mr. Justice Dean in Tan- 
 ney vs. Tanney, Ibid 277. A violation of this rule invites the suppression 
 of the paper-book. Farquhar vs. McAlvey, 143 Pa. 233. 
 
 Superior RULE 38. The paper-book of the appellee may, 
 
 Rule 27. if he chooses, contain no more than his argument. But 
 
 he may at his option make a counter-statement of the 
 
 question involved, and also, separately, a history of the 
 
 case, with the facts as he claims them to be. 
 
 Superior RULE 39. When in the printed copy of the assign- 
 Eule 28. ments of error or in the printed argument reference is 
 made to the testimony, to the charge of the court, or 
 to other matter appearing upon the record, the pages 
 must be stated where the matter referred to is to be 
 found in the paper-book or appendix. Brief words 
 shall be printed at the top of each page of the paper- 
 book, indicating the character of the matter contained 
 therein; and in the appendix the name of the witness 
 or the character of the document shall so appear. The 
 pages of the paper-book shall be numbered in Arabic 
 figures, and not in Roman numerals, those in the ap- 
 
 34 
 
Superior 
 
 Rule 29. 
 
 SUPREME COURT RULES [Rules 40-41 
 
 Paper-Books. 
 
 pendix to be followed by a small a, thus : 100 a. When 
 possible, all plans and drawings accompanying a paper- 
 book shall be reduced to the size of a folio of not more 
 than three pages. 
 
 See note to Rule 46. 
 
 RULE 40. In cases returnable to the first argu- 
 ment period for the County of Philadelphia, the ap- Court 
 pellant shall serve a copy of his paper-book, on the op- 
 posite party, or his attorney, not later than December 
 17th. The appellee shall serve a copy of his paper- 
 book on the opposite party, or his attorney, at least five 
 days before the argument. 
 
 In cases returnable to the second argument period, 
 for the County of Philadelphia, appellant's paper-book 
 shall be served on or before the fifteenth day preceding 
 the first day of the said period, and the appellee's paper- 
 book shall be served within ten days thereafter. 
 
 RULE 41. In all cases, except those originating in 
 the County of Philadelphia, the appellant shall serve Superior 
 a copy of his paper-book on the opposite party, or his jj°"g gg 
 attorney, at least twelve days before the day appointed 
 for hearing the cases from the County where the cause 
 was tried; and the appellee shall serve a copy of his 
 paper-book on the opposite party, or his attorney, at 
 least five days before the time appointed for hearing as 
 aforesaid. But if the appeal shall have been taken thir- 
 ty days or more before the day assigned for the hearing 
 as aforesaid, the paper-book of the appellant shall be 
 served at least twenty days, and that of the opposite 
 
 35 
 
Rules 42-45] SUPREME COURT RULES 
 
 Paper-Books. 
 
 party at least five days, before the days assigned. for the 
 Hearing of said causes. 
 
 Court'""^ RULE 42. When a cause is called for argument 
 Rule 31. each party shall furnish one copy of his paper-book to 
 each of the Judges, and eleven to the Prothonotary — • 
 two for the Reporter, one for the Law Association of 
 Philadelphia, one for the State Library, one for the 
 Legal Intelligencer, one for the West Publishing Com- 
 pany, two for his office, one for the office of the Court 
 in each of the other districts, and one for the Records. 
 
 Court ""^ RULE 43. When the appellant is in default ac- 
 Rule 32. cording to these rules, he may be non-suited on motion ; 
 and when the appellee is in default, he will not be heard 
 except by special indulgence of the Court. 
 
 superior RULE 44. When paper-books are furnished which 
 Rule 33. differ in any material respect from those here pre- 
 scribed, the parties furnishing them shall be consid- 
 ered in the same default as if none had been furnished, 
 and on a proper occasion the Court will, of its own mo- 
 tion, non-suit or silence the defaulting party, or sup- 
 press the paper-book. 
 
 Superior RULE 45. Paper-books shall be furnished on un- 
 
 Court '^ 
 
 Rule 34. glazed book paper 9 in. x 6 in. in size, and printed from 
 small pica or long primer type, with a margin of not 
 less than one inch. The cover must be sufficiently light 
 in color and firm in texture to permit writing in ink 
 thereon to be easily read; it must show the number and 
 term of the case in this Court, the names of the parties 
 
 36 
 
SUPREME COURT RULES [Rules 46-47 
 
 Applications for Interlocutory Orders. 
 
 in the same order as they appear on the docket of the 
 court below, with the addition of the word "Appel- 
 lant" after the name of the party taking the appeal, and 
 the court from which the appeal is taken. Appeals 
 
 in the Orphans' Court shall be entitled "Estate of 
 
 , Appeal of " 
 
 RULE 46. All paper-books shall contain a full and superior 
 complete index, including an index of the appendix, £""3*35 
 which shall be on the inside of the front cover of the 
 book, or on the following pages thereof. The index 
 of the appendix shall contain a full and complete ref- 
 erence to its contents, including exhibits and the names 
 of witnesses and where the testimony is printed, indica- 
 ting in each instance where the examination, cross-ex- 
 amination and re-examination begins. If a paper- 
 book contain more than one hundred pages, the appen- 
 dix shall be printed in a separate book with a proper 
 index thereto. 
 
 The paging of every appendix should begin with "l a," whether the 
 appendix is bound with the paper-book or not. 
 
 APPLICATIONS FOR INTERLOCUTORY 
 ORDERS 
 
 RULE 47. In all applications for an order of super- superior 
 sedeas under the Act of May 19, 1897, P. L. 67, or for gX*37. 
 any interlocutory order, the applicant shall give notice 
 to counsel on the other side when and where the appli- 
 cation is to be made, unless the exigency of the case 
 be such as to impel the Court or Judge before whom 
 the application is made to dispense with such notice. 
 
 37 
 
Rules 20-21] SUPREME COURT RULES 
 
 Arguments and Argument Lists. 
 
 ARGUMENTS AND ARGUMENT LISTS 
 
 Superior RULE 48. All cases shall be placed upon the argu- 
 Ruie 38. merit list for the proper county next succeeding their 
 entry, unless otherwise specially ordered by the Court: 
 Provided, That no case shall be placed on the argument 
 list where the appeal shall not have been taken twenty 
 days before the return-day. 
 
 Superior RULE 49. Cases will be called for argument in 
 Rule 39. the order in which they stand on the printed argument 
 list. If neither party be present or ready to proceed 
 with the argument the case shall be non pressed, unless 
 reason to the contrary be shown to the satisfaction of 
 the Court. 
 
 RULE 50. The argument of each cause shall be 
 limited to one hour, unless the Chief Justice, upon an 
 examination of the paper-books, shall consider more 
 time to be necessary. 
 
 Superior RULE 51. Sixty causes shall be assigned to each 
 Rule 40. week, and a list thereof shall be made up and published 
 by the Prothonotary on the Saturday preceding; said 
 causes shall be set down in the order of their term and 
 number, and shall be numbered on said list consecu- 
 tively. The first twelve cases on said weekly list shall 
 be assigned for argument on Monday, and for each suc- 
 ceeding day of the week, except Saturday, the first 
 twelve cases theretofore undisposed of on said list 
 shall be assigned for argument. No cause on said list 
 
 38 
 
SUPREME COURT RULES [Rules 52-56 
 
 Arguments and Argument Lists. 
 
 shall be continued when reached, except by leave of the 
 Court upon cause shown. Engagements of counsel in 
 the lower courts will not be recognized as a reason for 
 the continuance or postponement of a cause, except 
 when they are actually engaged in a trial which has 
 been commenced in a previous week and is unfinished. 
 
 RULE 52. When it is desired, for any reason what- Superior 
 
 1 1 , • , , Court 
 
 ever, that a case be passed at its regular turn on the Rule 4i. 
 list, the Prothonotary must be notified before the case 
 is put on the daily list. Engagement of counsel in other 
 courts, or agreement of parties, is no ground of excep- 
 tion to this requirement. The rule is for the conduct of 
 the Court's business, and is not subject to variation by 
 counsel for any cause. 
 
 RULE 53. The list shall be made up each day at Superior 
 3 o'clock for the following day, and cases on that list Ruie^ 42. 
 must be argued or non-prossed when called. 
 
 RULE 54. The Prothonotary of each district shall 
 keep a separate list for short causes. 
 
 RULE 55. To this list all causes shall be transfer- 
 red in which the attorney of either party shall certify 
 that it is a short cause. Notice of such transfer shall 
 be given forthwith by the Prothonotary to the other 
 party. 
 
 RULE 56. The causes on this list shall have pre- 
 cedence over all others on Wednesday of the week in 
 which the same causes would be heard, if they had 
 
 39 
 
Rules 57-58] SUPREME COURT RULES 
 
 Arrangement of Districts. 
 
 remained on the general list and had been reached in 
 their order. 
 
 RULE 57. Where a cause has been certified to be 
 a short cause by the attorney of one party, and the at- 
 torney of the other party shall object in writing, it shall 
 be put back again on the regular list : Provided, That 
 such objection shall be made within three days from 
 notice, and before the short list is taken up on Wednes- 
 day morning. 
 
 RULE 58. On the hearing of short causes the time 
 of counsel shall be limited to fifteen minutes on each 
 side. 
 
 ARRANGEMENT OF DISTRICTS 
 
 Eastern District 
 
 Adams, 
 
 Delaware, 
 
 Monroe, 
 
 Bedford, 
 
 Elk, 
 
 Montgomery, 
 
 Berks, 
 
 Erie, 
 
 Montour, 
 
 Blair, 
 
 Fayette, 
 
 Northampton, 
 
 Bradford, 
 
 Franklin, 
 
 Northumberland, 
 
 Bucks, 
 
 Huntingdon, 
 
 Perry, 
 
 Cameron, 
 
 Juniata, 
 
 Philadelphia, 
 
 Carbon, 
 
 Lackawanna, 
 
 Pike, 
 
 Centre, 
 
 Lancaster, 
 
 Potter, 
 
 Chester, 
 
 Lebanon, 
 
 Schuylkill, 
 
 Clearfield, 
 
 Lehigh, 
 
 Snyder, 
 
 Clinton, 
 
 Luzerne, 
 
 Sullivan, 
 
 Columbia, 
 
 Lycoming, 
 
 Susquehanna, 
 
 Crawford, 
 
 McKean, 
 
 Tioga, 
 
 Cumberland, 
 
 Mifflin, 
 
 40 
 
 Union, 
 

 SUPREME COURT RULES 
 
 Supreme Court Argument Weeks. 
 
 Warren, 
 
 
 Wayne, Wyoming, 
 York. 
 
 Middle District 
 
 Dauphin 
 
 , Fulton. 
 
 
 
 Western District 
 
 Allegheny, 
 
 Armstrong, 
 
 Beaver, 
 
 Butler, 
 
 Cambria, 
 
 
 Forest, Mercer, 
 Greene, Somerset, 
 Indiana, Venango, 
 Jefferson, Washington, 
 Lawrence, Westmoreland. 
 
 Clarion, 
 
 
 
 SUPREME COURT ARGUMENT WEEKS 
 
 Eastern District 
 The first, second, third and fourth Mondays of Jan- 
 uary for the county of Philadelphia. 
 
 The fourth Monday following the first Monday of 
 January in each year for the counties of Lehigh and 
 Montgomery. 
 
 The fifth Monday following the first Monday of Jan- 
 uary for the counties of Chester, Delaware and Bucks. 
 
 The sixth Monday following the first Monday of 
 January for the counties of Schuylkill, Lebanon and 
 Lycoming. 
 
 The seventh Monday following the first Monday in 
 
 January for the counties of Lackawanna, Wayne, Pike 
 
 and Wyoming. 
 
 41 
 
SUPREME COURT RULES 
 
 Supreme Court Argument Weeks. 
 
 The eighth Monday following the first Monday in 
 January for the counties of Berks, Montour and Adams. 
 
 The ninth Monday following the first Monday in 
 January for the counties of Northampton, Carbon, 
 Monroe and Franklin. 
 
 The tenth Monday following the first Monday in 
 January for the counties of Bradford, Clinton, Cam- 
 eron, Sullivan and Susquehanna. 
 
 The eleventh, twelfth and thirteenth Mondays fol- 
 lowing the first Monday of January for the county of 
 Philadelphia. 
 
 The fourteenth Monday following the first Monday 
 in January for the counties of Luzerne and Columbia. 
 
 The fifteenth Monday following the first Monday in 
 January for the counties of Blair, Centre, Clearfield 
 and Huntingdon. 
 
 The sixteenth Monday following the first Monday in 
 January for the counties of Crawford, Erie and Cum- 
 berland. 
 
 The seventeenth Monday following the first Monday 
 in January for the counties of Warren, McKean, Tioga, 
 Potter and Elk. 
 
 The eighteenth Monday following the first Monday 
 in January for the counties of Bedford, Fayette, Union, 
 Snyder, Northumberland, Juniata, Mifflin and Perry. 
 
 The nineteenth Monday following the first Monday 
 in January for the counties of Lancaster and York. 
 
 42 
 
SUPREME COURT RULES 
 
 Supreme Court Argument Weeks. 
 
 Middle District ; 
 
 The twentieth Monday after the first Monday of 
 January for the counties of Dauphin and Fulton. 
 
 Western District 
 
 The first Monday in October for the counties of Arm- 
 strong, Cambria, Clarion, Forest, Jefferson, Mercer, 
 Somerset, Venango and Westmoreland. 
 
 The second Monday in October for the counties of 
 Beaver, Butler, Greene, Indiana, Lawrence and Wash- 
 ington. 
 
 The third Monday in October, and continuing until 
 the list has been heard, for the county of Allegheny. 
 
CERTIFICATE 
 
 State of Pennsylvania, 
 Eastern District : 
 
 I, ALFRED B. ALLEN, Deputy Prothonotary 
 of the Supreme Court of Pennsylvania, in and for the Eastern 
 District, do hereby certify that the above and foregoing is a 
 true copy of the Rules of the Supreme Court, as adopted and 
 promulgated July 6, 1911, as to be in force from and after the 
 first Monday of September, 1911, and as amended by the order 
 of November 3, 1911. 
 
 In Testimony Whereof I have here- 
 unto set my hand and affixed the seal 
 of said Court at Philadelphia this 21st 
 day of December, A. D. 1911. 
 
 ALFRED B. ALLEN, 
 
 Deputy Prothonotary. 
 
INDEX 
 
 to 
 
 Rules of the Supreme Court 
 
 ABSTRACT OF PROCEEDINGS— RULE 
 
 Statement in paper-book 29, 30, 31 
 
 ADMISSIONS— 
 
 Of attorneys 1-9 
 
 ADVERTISEMENTS- See Publication. 
 
 Of law students 4 
 
 AGREEMENTS— 
 
 Agreements and notices of attorneys to be in writ- 
 ing- 10 
 
 AMOUNT IN CONTROVERSY— 
 
 Certificate of 23, 24 
 
 Production of evidence before trial judge 24 
 
 APPEALS— 
 
 See Errors and Appeals, Paper-Books. 
 
 From Superior Court 22 
 
 APPEARANCE— 
 
 Rule to appear and plead 16 
 
 APPELLANT— 
 
 Paper books 29-37 
 
 APPELLEE— 
 
 Paper-books 38 
 
 47 
 
48 INDEX TO SUPREME COURT RULES 
 
 APPENDIX— RULE 
 
 Paper-books 29, 30, 31, 36, 39, 46 
 
 If more than 100 pages, to be printed in a separate 
 
 book 46 
 
 References to pages 3^ 
 
 APPLICATIONS FOR SUPERSEDEAS OR INTER- 
 LOCUTORY ORDERS— 
 
 See Interlocutory Orders, Supersedeas. 
 
 ARGUMENTS— 
 
 See Argument Lists, Paper-books. 
 
 Criminal cases 12 
 
 Brief of argument 36 
 
 Statutes, how cited 37 
 
 Cases, how cited 37 
 
 How cases called for argument 49 
 
 Continuance only by leave of court 51 
 
 Engagement of counsel in lower court not cause for 
 
 continuance 51-52 
 
 Prothonotary to be notified when it is desired that 
 
 a case be passed at its turn 52 
 
 ARGUMENT LISTS— 
 
 Rules 12-48-58 
 
 No case placed on list where appeal not taken 20 
 
 days before return day 48 
 
 Cases from Superior Court placed at head of list . 22 
 
 Order of calling , 48-49 
 
 Capital cases to be at head of list 12 
 
 Hour limit, discretion of Chief Justice 50 
 
 Entry of non pros for failure of party to be ready 
 
 at argument 49 
 
 Publication of lists by prothonotary 51 
 
 Order of assignment for argument 51 
 
 Number assigned per week 51 
 
 No case to be continued except by leave of court. . 51-52 
 Engagement of counsel, when cause for continuance 51-52 
 Notice to prothonotary when it is desired that a case 
 be passed at its regular turn 52 
 
INDEX TO SUPREME COURT RULES 49 
 
 ARGUMENT LIST {Continued) RULE 
 
 To be made up daily S3 
 
 Short causes. Prothonotary to keep separate list of 54 
 
 Short list, when cause placed on 55 
 
 Short list to have precedence on Wednesdays .... 56 
 
 Certification and objection to short list 57 
 
 Time limit, short list 58 
 
 Arrangement of, pages 38-39 
 
 ARGUMENT WEEKS— 
 
 Arrangement of for different districts, pages . .41-43 
 
 ARRANGEMENT OF DISTRICTS— 
 
 What counties in each — Argument weeks — pages 40- -tS 
 
 ASSIGNMENTS OF ERROR— 
 
 Rules 26-28 
 
 How and when filed 14-26 
 
 Non pros upon default 14-26 
 
 Statement of, in paper-book 29, 30, 31 
 
 Each assignment to be confined to one point or to 
 
 one bill of exceptions 26 
 
 Waiver of all error assigned in violation of rule 26 
 Assignment not made according to rules to be dis- 
 regarded 28 
 
 To charge of the court or answers to points 27 
 
 To the admission, rejection, striking out or refus- 
 ing to strike out evidence 28 
 
 Questions and offers and rulings of court must be 
 quoted with reference to pages of paper-book 
 
 or appendix 28 
 
 Writing admitted or rejected must be printed in 
 
 paper-book 28 
 
 ATTORNEYS— 
 
 Admission-Rules 1-9 
 
 Recommendation of the State Board of Law Ex- 
 aminers 2 
 
 Practitioner of Common Pleas for two years prior 
 
 to 1903, how admitted 2 
 
 From other States n 
 
50 INDEX TO SUPREME COURT RULES 
 
 ATTORNEYS (^Continued)— RULE 
 
 Agreements of, to be in writing lO 
 
 Engagement, when case called for argument, when 
 
 cause for continuance 51-52 
 
 Certificate in argument as to cases not officially re- 
 ported . 37 
 
 To give notice of application for supersedeas for any- 
 interlocutory order 47 
 
 AUDITOR'S report- 
 To be printed in paper-book 31 
 
 authorities- 
 How to cite 37 
 
 BOARD OF LAW EXAMINERS— 
 
 See State Board of Law Examiners. 
 
 BRIEF OF ARGUMENT— 
 
 In paper-books 36-37 
 
 CAPITAL CASES— 
 
 See Criminal Cases. 
 
 cases- 
 How cited 37 
 
 CASE STATED— 
 
 Requisite of paper-book, where judgment below is 
 
 on 32 
 
 CERTIFICATE— 
 
 Of amount involved — jurisdiction 23-24 
 
 Paper-books. Citation of cases not officially re- 
 ported require certificate of counsel 37 
 
 CERTIFICATION— 
 
 When court sitting in another district, prothono- 
 
 tary to certify appeals from Superior Court .... 22 
 
 CERTIORARI— 
 
 Rule to appear and plead 16 
 
INDEX TO SUPREME COURT RULES 51 
 
 CHARGE OF THE COURT— RULE 
 
 Assignments of error, — parts referred to must be 
 
 quoted ipsissimus verbis 27 
 
 CITATION OF authorities- 
 How to cite 37 
 
 CONTINUANCE— 
 
 Leave of court required 51-52 
 
 Engagement of counsel 51-52 
 
 Counsel to notify prothonotary before daily list is 
 
 made up, when case is not to be argued in turn 52 
 
 COVER OF PAPER-BOOKS— 
 
 Color, texture and contents 45 
 
 CRIMINAL CASES— 
 
 Capital cases. Return days 11 
 
 Assignment for argument 11 
 
 To be placed at head of list 12 
 
 Service of paper-book on District Attorney 13 
 
 Applications for Supersedeas 47 
 
 DAILY lists- 
 How made up 53 
 
 Cases to be argued or non-prossed 53 
 
 If case is to be passed, prothonotary must be noti- 
 fied before list is made up 52 
 
 DECREES— 
 
 See Judgments. 
 
 DIGESTS— 
 
 Statutes cited. Reference to standard digest 37 
 
 DISTRICTS— 
 
 Arrangement of — Argument weeks — pages 40-43 
 
 DOCKET ENTRIES— 
 
 Copy of, in paper-book 29-31 
 
52 INDEX TO SUPREME COURT RULES 
 
 DRAWINGS AND PLANS— RULE 
 
 Copies in paper-books 24, 29, 30, 31, 39 
 
 In case of disagreement as to printing, decision of 
 
 trial judge to be conclusive 24 
 
 To be reduced in size 39 
 
 ERRORS AND APPEALS— 
 
 Rules 14-25 
 
 Assignments, when to be filed 14 
 
 Upon default, writ to be non-prossed 14-15 
 
 Record to be returned on return day 15 
 
 Where record not returned, prothonotary to enter 
 
 non-pros 15 
 
 Prothonotary to endorse rule to appear and plead 16 
 
 In default Court to proceed ex parte 16 
 
 Prothonotary to certify opinion back with record. 17 
 
 Re-argument, motion for 18 
 
 Motions after judgment, order or decree 18 
 
 Record will not be retained beyond 10 days unless 
 
 by order of court or one of the justices 18 
 
 Superior Court, appeals from, requisites of petition. 19 
 Supersedeas or interlocutory order, petition for 19-21-47 
 
 When petition to be filed 20 
 
 When allowed, prothonotary to notify -counsel who 
 
 must proceed promptly 21 
 
 Superior Court, appeals to head argument list 22 
 
 Prothonotary to certify to district in which court is 
 
 sitting 22 
 
 EX PARTE HEARINGS— 
 
 Upon default of appearance 16 
 
 FINDINGS OF FACT OR LAW— 
 
 Statement of in paper-books 31 
 
 HISTORY OF THE CASE— 
 
 Statement in paper-book 29, 30, 31 
 
 Closely condensed statement in paper-book 35 
 
 Must not contain argument 35 
 
 Nor any portion of testimony 35 
 
 Counter statement 38 
 
INDEX TO SUPREME COURT RULES 53 
 
 INDEX— RULE 
 
 Complete index on inside of front cover 46 
 
 Appendix, contents of index 46 
 
 Where paper-book more than lOO-pages, appendix 
 
 with index to be separate 46 
 
 INTERLOCUTORY ORDERS— 
 
 Applications for 18-21-47 
 
 JUDGMENTS— 
 
 Non-pros for failure to file assignments of error . . 14 
 
 Where record is not returned on return day 15 
 
 Duty of prothonotary to enter 15 
 
 For failure to be ready at argument 49 
 
 Default in paper-books 43-44 
 
 Motions for re-argua^nt after judgment 18 
 
 JURISDICTION— 
 
 Certificate of trial judge as to amount involved. . . . 23-24 
 
 LAW ASSOCIATION OF PHILADELPHIA— 
 
 Paper-books to be furnished for 42 
 
 LAW EXAMINERS— 
 
 See State Board of Law Examiners. 
 
 LEGAL INTELLIGENCER— 
 
 Paper-books for 42 
 
 Law students to advertise application for Admission 4 
 
 LEGAL PERIODICALS— 
 
 Citations from require certificate of counsel 37 
 
 MASTER'S REPORT— 
 
 Copy to be printed in paper-book 31 
 
 NAMES OF PARTIES—. . 
 
 See Parties. 
 
 NON-PROS— 
 
 For failure to file assignments of error 14 
 
 For failure to return record on return day 15 
 
 Duty of prothonotary to enter i c 
 
 For failure of parties to be ready at argument 49 
 
54 INDEX TO SUPREME COURT RULES 
 
 NON-SUIT— RULE 
 
 Default in paper-books 43-44 
 
 NOTICES— 
 
 Of applications for admission to the bar 4 
 
 Of attorneys, to be in writing * 10 
 
 Rule to appear and plead 16 
 
 Notice of allowance of appeal 21 
 
 Applications for supersedeas or interlocutory or- 
 ders 47 
 
 Notice to prothonotary when it is desired that a case 
 
 be passed at its regular turn .■ 52 
 
 Of transfer of cases to short list 55 
 
 OFFICIAL reports- 
 How to cite ^^ 37 
 
 OPINION OF THE COURT— 
 
 Copy in paper-book 3^ 
 
 Copy to be certified when case remanded for further 
 
 proceedings I7 
 
 Copy to accompany applications for re-argument . 18 
 
 ORDER— 
 
 See Judgments. 
 
 pages- 
 How to print in paper-book and appendix 39 
 
 PAMPHLET LAWS— 
 
 How to cite 37 
 
 PAPER BOOKS— See Assignments of Error. 
 
 Rules 13, 19, 29-46 
 
 Service in capital cases 13 
 
 Copy to accompany petition for appeal from Superior 
 Court or for Supersedeas or other interlocutory 
 
 order ig 
 
 Where appeal is from a judgment on a verdict . . 29 
 Where appeal is from a final judgment at law in the 
 Common Pleas not founded upon a verdict or 
 on a case stated 30 
 
INDEX TO SUPREME COURT RULES 55 
 
 PAPER BOOKS {Continued)— RULE 
 
 Where appeal is from a proceeding in equity or in 
 
 the nature thereof 31 
 
 Appeals from Orphans Court 31 
 
 Where appeal is from judgment on a case stated 32 
 In cases not otherwise provided for to conform to 
 
 rules as nearly as circumstances will permit ... .32 
 
 Where appeal is from Superior Court 33 
 
 Appellees' book, contents of 38 
 
 Shape, size, type, quality, cover and essential details 45-46 
 
 Index 46 
 
 Brief of Argument : 36 
 
 Authorities, how to cite 37 
 
 Legal periodicals, citations from, certificate of coun- 
 sel 37 
 
 Statutes, how to cite 37 
 
 History of the case 35, 38 
 
 Questions involved, how to state 34 
 
 Counter statement of questions involved and history 
 
 of the case 38 
 
 Plans and drawings 24, 29, 30, 31, 39 
 
 In case of disagreement as to printing plans and 
 
 drawings, decision of trial judge to be conclusive 24 
 . Copy of writing referred to in assignment for ad- 
 mission or rejection to be printed in full 28 
 
 Reference to testimony, charge of court or other 
 matter of record, must state pages of paper-book 
 
 or appendix 39 
 
 References to pages in assignments of error 28 
 
 Pages to be numbered in arable figures and not in 
 
 Roman numerals 39 
 
 Contents of each page to be indicated by brief words 
 
 printed at the top of each page 39 
 
 Pages in appendix to be followed by a small "a"' , 39 
 Contents of each page of appendix to be indicated 
 
 by brief words printed at the top of each page . 39 
 Appendix of more than 100 pages to be printed sep- 
 arately 46 
 
 Service in Philadelphia 4q 
 
56 INDEX TO SUPREME COURT RULES 
 
 PAPER BOOKS {Continued) RULE 
 
 Service outside of Philadelphia 41 
 
 Service in capital cases 13 
 
 Number of copies to be furnished to the Judges. . . 42 
 Prothonotary and the Law Association and for re- 
 porters 42 
 
 Default in preparing or serving books, penalty for 43-44 
 
 Printing. Type and margin 39, 45 
 
 Index 46 
 
 PARTIES— 
 
 Statement of, in paper-books 29, 30, 31, 45 
 
 PETITIONS— 
 
 For allowance of appeal from Superior Court 19-22 
 
 For supersedeas or interlocutory orders 19-21, 46 
 
 For re-argument 18 
 
 Matters to be deemed sub judice from time of fil- 
 ing petition 20 
 
 POINTS AND ANSWERS— 
 
 Assignment of Errors to Answers 27 
 
 PLANS AND DRAWINGS— 
 
 Copies to be printed in Appendix of paper books 29, 30, 31 
 In case of disagreement as to printing, decision of 
 
 trial judge to be conclusive 24 
 
 To be reduced in size 39 
 
 PLEADING— 
 
 Rule to appear and plead 16 
 
 Upon default, case to proceed exparte 16 
 
 PRINTING— 
 
 Of paper-books — type and margin 39, 45 
 
 PROTHONOTARY— 
 
 To enter non-pros for failure to return record on 
 
 return day 15 
 
 To endorse rule to appear and plead 16 
 
 To certify copy of opinion when cause returned for 
 
 further proceedings 17 
 
 To notify counsel of decision upon petition for ap- 
 peal 21 
 
INDEX TO SUPREME COURT RULES 57 
 
 PROTHONOTARY {Continued)— HULE 
 
 To publish argument lists 48-57 
 
 To be given notice when it is desired that a case on 
 
 the argument list shall be passed 52 
 
 Copies of paper-books to be furnished to Prothono- 
 
 tary 42 
 
 PUBLICATION— 
 
 Notices of law students 4 
 
 Of subjects of examination by State Board of Law 
 
 Examiners 8 
 
 Of argument list by Prothonotary 51 
 
 QUARTER SESSIONS— 
 See Criminal Cases. 
 
 QUESTIONS INVOLVED— 
 
 Statement in paper-books 34 
 
 Counter-statement 38 
 
 RE-ARGUMENT— 
 
 Motions for, to be filed with the Prothonotary and 
 
 to be accompanied with a copy of the opinion 18 
 Record not to be retained beyond ten days 18 
 
 RECORD— 
 
 See Prothonotary. 
 
 Non-pros for failure to return record on return day 15 
 Upon motion for re-argument, record not to be re- 
 tained beyond ten days 18 
 
 REPORTS— 
 
 How to cite official reports 37 
 
 REPORTS OF AUDITOR, REFEREE OR MASTER— 
 
 Copy in paper-book 31 
 
 REGISTRATIONS— 
 
 See Attorneys. 
 
 RETURN DAYS— 
 
 See Terms and Return Days. 
 
 RULE TO APPEAR AND PLEAD— 
 
 Prothonotary to endorse on appeal or writ of error 16 
 
M i^^DEt to SlJPRfiMfi COURt RULES 
 
 SERVICE^ RULE 
 
 Paper-books in capital cases 13 
 
 Paper-books in Philadelphia 4° 
 
 In other counties 41 
 
 SHORT LISTS— 
 
 Rules 54-58' 
 
 Notice of transfer of cases to 55 
 
 When to have precedence 56 
 
 When cases certified to this list to be restored to 
 
 regular list 57 
 
 SPECIFICATIONS OF ERRORS— 
 
 See Assignment of Errors. 
 
 STATE BOARD OF LAW EXAMINERS— 
 
 Admissions of attorneys 1-9 
 
 To consist of five members appointed by the Court 7 
 To hold office five years, serve without compensa- 
 tion and be reimbursed for expenses 7 
 
 Secretary, Treasurer and Examiners, how appoint- 
 ed and compensated 7 
 
 To issue paper for information of applicants for 
 
 registration and admission 8 
 
 Recommendations as to attorneys of other states. . 9 
 
 STATE LIBRARY— 
 
 Paper-books for 42 
 
 STATE REPORTER— 
 
 Paper-books for 42 
 
 STATEMENT OF QUESTIONS INVOLVED— 
 
 See Questions Involved. 
 
 STATUTES— 
 
 Citations must refer to both pamphlet laws and to 
 
 a standard digest 37 
 
INDEX TO SUPREME COURT RULES 59 
 
 STUDENTS AT LAW— RULE 
 
 See Attorneys. 
 
 SUPERSEDEAS— 
 
 Applications for -19-21, 47 
 
 TERMS AND RETURN DAYS— 
 
 Special return days for capital cases 11 
 
 Return day of Appeals for second period for Phila- 
 delphia County 25 
 
 Arrangement of districts — Argument weeks- 
 pages 40-43 
 TIME— 
 
 See Terms and Return Days. 
 
 Argument limited to one hour, unless Chief Justice 
 
 considers more time necessary 50 
 
 Short causes, time limited to fifteen minutes on each 
 
 side 58 
 
 Matter deemed sub judice from time of filing of 
 
 petition 20 
 
 VERDICT— 
 
 Paper-book where appeal is from judgment upon a 
 
 verdict 29 
 
 WEEKLY LISTS— 
 
 Prothonotary to make and publish 51 
 
 WEST PUBLISHING COMPANY— 
 
 Paper-books for 42 
 
 WRITINGS— 
 
 Copy referred to in assigninent of error to be print- 
 ed in full 28 
 
Superior Court of Pennsylvania 
 
 Hon. CHARLES E. RICE, President Judge 
 
 Hon. JOHN J. HENDERSON, 
 
 Hon. GEORGE B. ORLADY, 
 
 Hon. JOHN B. HEAD, 
 
 Hon. WILLIAM D. PORTER, 
 
 Hon. JOHN W. KEPHART, 
 
 Hon. FRANK M. TREXLER, 
 
 Judges 
 
 PROTHONOTARIES 
 At Philadelphia, James T. Mitchell, Esq. 
 At WiUiamsport, Benjamin S. Bentley, Esq. 
 At Scran ton, Samuel H. Stevens, Esq. 
 At Hamsburg, William Pearson, Esq. 
 At Pittsburg, George Pearson, Esq. 
 
 State Reporter, William I. Schaffer, Esq., Chester. 
 Assistant State Reporter, Albert B. Weimer, Esq., Philadelphia. 
 
SUPERIOR COURT RULES [Rule 1 
 
 Terms and Return Days 
 
 The first Monday of December, for the Counties of 
 Lehigh, Montgomery, Northampton, Schuylkill and 
 Monroe. 
 
 The second Monday of December, for the Counties 
 of Philadelphia and Carbon. 
 
 Second — At Williamsport: 
 
 The first Tuesday after the last Monday of Febru- 
 ary, for the Counties of Cameron, Clinton, Elk, Lycom- 
 ing, Sullivan, Tioga and Union. 
 
 Third — At Scranton : 
 
 The first Monday of March for the Counties of Co- 
 lumbia, Lackawanna, Luzerne, Montour, Pike, Sus- 
 quehanna and Wayne. 
 
 Fourth — At Harrisburg: 
 
 The second Monday of March, for the Counties of 
 Adams, Cumberland, Dauphin, Juniata, Mifflin, Perry, 
 Snyder and York. 
 
 Fifth — At Pittsburg: 
 
 The second Monday of April, for the Counties of Al- 
 legheny, Crawford, Erie, Forest, Venango and War- 
 ren. 
 
 The third Monday of April, for the Counties of Fay- 
 ette, Greene, Washington and Westmoreland. 
 
 The fourth Monday of April, for the County of Al- 
 legheny. 
 
 The first Monday of May, for the Counties of Cam- 
 bria, Clarion, Indiana, Jeflfierson, Somerset and Alle- 
 gheny. 
 
 64 
 
Rules 2-5] SUPERIOR COURT RULES 
 
 Attorneys. 
 
 The second Monday of May, for the Counties of 
 Armstrong, Beaver, Butler, Lawrence and Mercer. 
 
 ATTORNEYS 
 
 RULE 2. Any applicant for admission to the Bar of Supreme 
 this Court, who, on May 22, 1903, was a member of the Rule 2. 
 Bar of a Court of Common Pleas of this Commonwealth ^ 
 and after he shall have practiced therein for at least 
 two years, may be admitted, without examination, upon 
 the certificate of the State Board of Law Examiners; 
 and no such candidate shall be required to advertise or 
 pay any fee for reporting upon his credentials. 
 
 RULE 3. Any person desiring to be formally ad- 
 mitted to the Bar of this Court, who, at the date of his 
 application, shall have been admitted to practice at the 
 Bar of the Supreme Court of this Commonwealth and 
 is in good and regular standing, may be admitted and 
 sworn upon exhibiting the certificate of the Prothono- 
 tary of the Supreme Court of these facts. 
 
 RULE 4. Every applicant for admission,- not with- 
 in the class described in Rule 2, and not having been 
 admitted to practice as an attorney at the Bar of the Su- 
 preme Court, shall be required to present the certificate 
 of the State Board of Law Examiners, of his eligibility 
 for admission to the Bar of that Court; and any appli- 
 cant, being a person of good moral character, who shall 
 present the aforesaid certificate, shall be eligible for ad- 
 mission to practice as an attorney at the Bar of this 
 Court. 
 
 RULE 5. Attorneys from other States may be ad- 
 
 65 
 
SUPERIOR COURT RULES [Rules 6-8 
 
 Agreements of Attorneys — Criminal Cases. — Errors and Appeals 
 
 mitted upon compliance with the provisions of Rule 9 
 of the Supreme Court relative to that subject. 
 
 AGREEMENTS OF ATTORNEYS 
 
 Supreme t^ttt t^ /% a ,, % ■ r 
 
 Court RULE 6. All agreements and notices of attorneys 
 
 Rule 10. (-Qucj^ing the business of the Court shall be in writing, 
 otherwise the Court will not enforce them. 
 
 CRIMINAL CASES 
 RULE 7. The first Monday of each month shall be 
 a special return day for all appeals in criminal cases. 
 The fifth Monday after issuing the writ shall be as- 
 signed for the argument thereof, provided the Court 
 shall then be in session. If then in session in a place 
 other than that in which the writ issued, the Prothono- 
 tary issuing such writ shall certify the record to the 
 place in which the Court shall be sitting. If the Court 
 shall not be in session at that time, the case shall be cer- 
 tified to the place in which the next term shall be held. 
 Such cases shall be placed at the head of the list for ar- 
 gument. The appellant shall serve his paper-books on 
 the proper district attorney or in case of appeal by the 
 Commonwealth on defendant or his counsel, ten days 
 before the day assigned for hearing, and the appellee 
 shall serve his three days before the hearing. 
 
 ERRORS AND APPEALS 
 
 Court RULE 8. Counsel for the appellant shall, on or be- 
 
 Ruie 14. fQ^g |.jjg return day of the term at which the case is upon 
 
 the list for argument, specify in writing the particular 
 
 errors which he assigns, and file the same in the Pro- 
 
 66 
 
Rule 8] SUPERIOR COURT RULES 
 
 Errors and Appeals. 
 
 thonotary's office ; and on failure so to do the Court may 
 non pros, the writ. 
 
 Inasmuch as the authorities cited in these notes are derived exclusive- 
 ly from the Reports of the Superior Court of Pennsylvania, the same 
 will be indicated by merely volume and page. 
 
 Appeal is a generic term, including writs of error, certiorari and 
 appeal, and while a certiorari may be called an appeal, the proceedings 
 will determine its true nature, so though the Act of April 17, 1876, P. L. 
 29 does not allow an appeal from the action of the court below refusing 
 an allocatur to the judgment of a magistrate to the common pleas, yet 
 as a certiorari would be proper the appeal to this court will be entertained 
 as a certiorari. Thompson vs. Preston, 5 — 154. 
 
 The terms of this rule must be strictly complied with or the appeal 
 will be dismissed. Lowenstein vs. Bache, 37 — i26. 
 
 An appeal will be quashed where the appellant fails to file in the ap- 
 pellate court written assignments of error on or before the first day of the 
 term in which the case is assigned for argument as provided by Rule 8. 
 Com. vs. Owen, 32 — 420; National Lumber Co. vs. Mehaffy, 30 — 544. 
 
 Where an appeal is not perfected by the filing of the writ in the of- 
 fice of the prothonotary of the court from which the appeal is taken with- 
 in six months from the entry of the decree, order or judgment, or within 
 reasonable time thereafter, and where appellant omitted to file his assign- 
 ments of error as provided in Rule 8, the appeal will be quashed. Mehaf- 
 fy vs. Fink, 13 — 534. 
 BIGHX OF APPEAI,. 
 
 In statutes limiting the right to appeal, the accepted rule of construc- 
 tion makes the limitation run from the time when the cause of action is 
 first subjected to the operation of the statute. Shelly vs. Dampman, 1 — 
 115. 
 
 An appeal not taken within six months from date of final decree 
 will be quashed. A motion for a rehearing and proceedings thereon does 
 not have the effect of tolling the statute, there having been no stay of 
 proceedings pending the rule. Brazier's Estate, 7 — 473. 
 
 An appellant must not only establish the existence of an error in the 
 proceedings below, but that the error tended to his injury. Com. vs. 
 Craig, 19 — 81; Com. vs. Railroad Co., 23 — 235. 
 
 Where on an appeal from a judgment of the common pleas affirming 
 a judgment of a justice of the peace brought before the common pleas by 
 certiorari, the record shows jurisdiction in the justice and a proper service 
 
 67 
 
SUPERIOR COURT RULES [Rule 8 
 
 Errors and Appeals. 
 
 of process upon the defendant the appeal to the Superior Court will be 
 quashed. The judgment of the common pleas in such a case is final. Fry 
 vs. Spats, 29—593. 
 
 A refusal to grant a compulsory nonsuit is not reviewable on appeal. 
 Cox vs. Wilson, 35 — 636; Morgan N Duquesne Boro., 39 — 100. A refusal 
 to take off nonsuit is the only action respecting it which can be reviewed. 
 Reece vs. Rodgers, 40 — 171. And such refusal must be duly excepted to. 
 School District vs. School District, 8 — 233; but compare Act of May 11, 
 1911, P. L., 279, Sec. 6. 
 
 A refusal of a new trial is not assignable as error. Brown vs. Waite, 
 38 — 216; nor is the granting of a new trial assignable as error, except 
 where it is made to appear that there was a clear, manifest and undoubt- 
 ed abuse of judicial discretion. Stern vs. Johnson, 38 — 1. 
 
 The general rule is that no appeal lies from the refusal to stay or set 
 aside an execution, where the application is based on facts outside the 
 record. Hanscom vs. Chapin, 27 — 546; Stephens vs. Addis, 19 — 185. 
 
 A waiver of a right of appeal in a lease does not apply to an appeal 
 from a judgment of a justice of the peace where the controversy before 
 the justice was as to the existence of a new contract by which the tenant 
 agreed to pay an increased rental. Peters vs. Dalton, 27 — 285. 
 
 On an appeal in an action of replevin the only error assigned was a 
 conditional verdict, which was quoted. No exception had been taken to 
 the charge, nor was any final judgment entered. The evidence was not 
 brought up, nor was there anything in the record to connect the appellant 
 with the suit. Held, that the appeal should be quashed. Delaware County 
 Trust, Safe Deposit & Title Insurance Company vs. Lee, 34 — 74. 
 
 An assignment of error which relates to the time and circumstances 
 under which the verdict was received, will not be considered by the ap- 
 pellate court where the assignment is not sustained by anything appearing 
 in the record proper. Kinney vs. Burnhorn, 23 — 583. 
 
 No appeal lies from a mere order to pay made by the orphans' court 
 in accordance with a previous decree of distribution made by the same 
 court, from which no appeal was taken. The decree of distribution cannot 
 be collaterally attacked on an appeal from an order to pay. Jenning's Es- 
 tate, 38—522. 
 
 No appeal lies from a judgment of the common pleas affirming upon 
 certiorari the judgment of a justice of the peace in an action of assump- 
 sit. Allegheny Loan & Trust Company vs. Gundling, 33 — 621. Or in an 
 action of trespass, Yost vs. Yost, 38 — 464. 
 
 68 
 
Rule 8] SUPERIOR COURT RULES 
 
 Errors and Appeals. 
 
 Although executors and administrators as such have no right to ap- 
 peal from a decree distributing the funds in their hands, yet if such a 
 person takes an appeal, not only as administrator d. b. n. c. t. a., but also 
 as testamentary trustee, the appeal may be sustained. Carman's Estate, 
 32—494. 
 
 The appellate court will not entertain an appeal which in effect is an 
 attempt by an amicable collateral proceeding to obtain from the court an 
 opinion upon a question of law, which arose in a dispute which has been 
 terminated by a judgment which stands unreversed and unappealed from. 
 Borough of Duquesne vs. Cole, 7 — 474. 
 
 Where the orphans' court orders a decree to be modified, along lines 
 indicated by the opinion, but no such decree appears to have been en- 
 tered, the omission to prepare and secure the entry of the decree, as di- 
 rected, is fatal to an appeal taken. The appellate court, even though it 
 may infer from the opinion the character of the decree intended cannot 
 either affirm or reverse a decree which has never in fact been entered. 
 Dorscheimer's Estate, 9 — 432. 
 
 An appeal from an order in extradition proceedings takes up only 
 the record, and not the evidence. The fact that the judge of the quarter 
 sessions granted a bill of exceptions, is immaterial, since it is based on 
 no statutory authority. Com. ex rel vs. Superintendent of County Prison, 
 33—594. 
 
 An exception must be taken to an order discharging a rule for judg- 
 ment for want of a sufficient affidavit of defense and the order of the 
 court set forth in the assignment of error, or the appeal will not be en- 
 tertained. Erie vs. Grant, 24 — 109.; Chantbers vs. McLean, 33 — 551, and 
 Monongahela Nat. Gas Co. vs. Ellwood Nat. Gas & Oil Co., 43 — 619; but 
 see Brainerd vs. Davis, 21 — 599. 
 
 An appellant must file the certificate provided for by the Act of June 
 24, 1895, section 8, with the Prothonotary of the Superior Court within 
 a reasonable time. Neglect to do so will be considered cause for quashing 
 the appeal. Ferree vs. Bradenhurg Co., 1 — 21. 
 
 An appeal will be quashed where it appears that the signature of the 
 trial judge was pasted on the record of the notes of evidence and charge, 
 instead of the record itself being signed. Yost vs. Clark, 25 — 144. 
 
 FINAI, AND INTEBLOCUTOBT JODGMEIfTS AND OBDEBS. 
 
 No appeal lies from an interlocutory order. Com. vs. McGee, 33 — 
 257; Grimms' Estate, Ibid 587; Breitweiser Co. vs. Scott, Ibid 637. 
 
 An order discharging a rule to show cause why a subpoena in divorce 
 should not be set aside is interlocuotry. Tobin vs. Tobin, 33 — 186. 
 
 So is an order made on petition for an appeal from an assessment 
 
 69 
 
SUPERIOR COURT RULES [Rule 8 
 
 Errors and Appeals. 
 
 of taxes. Chew vs. Philadelphia, 35 — 66; and making absolute a rule to 
 strike off an issue in an appeal from the report of county auditors. 
 Huntingdon Co. vs. Mason, 21 — 148; so also one by an executor from a 
 decree directing him to make return to the court of an order of sale of 
 real estate for payment of debts. Walker's Estate, 25 — 256. 
 
 No appeal lies from an order allowing a scire facias to issue on a 
 judgment entered by warrant of attorney in a tax collector's bond, as 
 it is interlocutory. Com. vs. Maxwell, 34 — 636. 
 
 An order discharging a rule to strike off a mechanic's lien is an in- 
 terlocutory order from which no appeal can be taken until after final 
 judgment in the case. After final judgment the order may be reviewed. 
 Miller vs. Fits, 41—582. 
 
 An order striking off a mechanic's lien after a scire facias has been 
 issued on it is a final judgment frpm which an appeal lies. Orr vs. Rog- 
 ers, 39—175. 
 
 The refusal to quash a writ of foreign attachment is not a final judg- 
 ment and therefore is not the subject of an appeal. Dempsey. vs. Peters- 
 burg Savings and Insurance Company, 26 — 633. 
 
 Where the court of common pleas makes an order directing a re- 
 taxation of costs by the prothonotary, no appeal will lie to the Superior 
 Court until such retaxation has been made. Such an order of the com- 
 mon pleas is not a final decree from which an appeal will lie. Klugh vs. 
 Pennsylvania' Railroad Co., 29 — 583. 
 
 CERTIORARI— APPEALS IN NATURE OF. 
 
 An appeal from an order of support in a desertion case is in the 
 nature of certiorari only, and does not take up the evidence. The appel- 
 late court cannot therefore review a finding of fact by the court below 
 that the parties were in fact husband and wife. Com. vs. Isaacman, 33 — 
 384. 
 
 No appeal, using that term in the sense applied tc it prior to the Act 
 of May 9, 1889, P. L. 158, lies from the order of the court of quarter 
 sessions approving or refusing to approve the report of the commission- 
 ers appointed under the Act of April 17, 1876, P. L. 42, to fix a boundary 
 line of adjoining counties, and no mode has been provided by law for bring- 
 ing on the record the evidence received and considered by the court upon 
 the hearing of exceptions to the report. The jurisdiction of the Superior 
 Court is simply that which the Supreme Court had on certiorari and is 
 restricted to a review of the record proper. It fellow's that the determin- 
 ation by the quarter sessions of disputed questions of fact raised by the 
 
 70 
 
Rule 8] SUPERIOR COURT RULES 
 
 Errors and Appeals. 
 
 exceptions and depending on evidence outside the record is not the proper 
 subject of an assignment of error. Huntingdon County Line, 14 — 571. 
 
 No appeal lies from an order of the court of quarter sessions made 
 under section 28 of the Act of June 13, 1836, P. L. 547, directing a father 
 to pay the overseers of the poor a certain sum per month for the support 
 of his son. The appellate court is restricted on certiorari to an examina- 
 tion of the record only, and cannot review the evidence. Overseers of 
 the Poor vs. Knisely, 17 — 415. 
 
 An appeal from an order in extradition proceedings takes up only 
 the record, and not the evidence. The fact that the judge of the quarter 
 sessions granted a bill of exceptions, is immaterial, since it is based on 
 no statutory authority. Com. ex rel vs. Superintendent of County Prison, 
 33—594. I ! I 
 
 An order in habeas corpus proceedings discharging the relator from 
 the custody of a deputy sheriff is a final order or decree which will en- 
 title such officer to remove the proceedings to the, Superior Court for re- 
 view on certiorari. Com. ex rel. Smith vs. Butler, 19 — 636. 
 
 No appeal lies from an order of a judge taxing costs in impeach- 
 ment proceedings against a justice of the peace instituted under the Act 
 of January 14, 1804, 4 Sm. L. 107. All that the certiorari takes up is the 
 record proper. Kelly's Impeachment, 17 — 344. 
 
 AMOUNT IN CONTROVBRST— MANDAJIUS. 
 
 No appeal lies to the Superior Court from a judgment in mandamus 
 proceedings commanding the defendants to permit the plaintiffs to inspect 
 the books of a corporation. In such a case the subject of controversy is 
 not the ownership or possession of real or personal property, or any 
 right, the value of which is admitted or asserted to be less than $1500. 
 Ncubert vs. Armstrong Water Co., 26 — 608. 
 
 CERTIFYING APPEALS TO 'THE SUPREME COURT. 
 
 Where an appeal is erroneously taken to the Superior instead of the 
 Supreme Court, the writ will not be quashed, but the case will be certified 
 to the Supreme Court for hearing and decision. Neubert vs. Armstrong 
 Water Company, 26 — 608. 
 
 Where questions raised on a motion to quash are so difficult and im- 
 portant as to make it expedient that they should be decided by the Su- 
 preme Court, the Superior Court will certify the case upon the questions 
 raised to the Supreme Court under section 10 of the Act of June 24, 1895, 
 P. L. 212. Melon St., 9—18. 
 
 71 
 
SUPERIOR COURT RULES [Rule 8 
 
 Errors and Appeals. 
 
 TRIAL WITHOUT JURY . 
 
 An appeal lies regularly after exceptions filed to findings of fact on 
 a trial without a jury under the Act of April 23, 1874, P. L. 109, have been 
 passed upon by the judge, and final judgment has been entered. Insur- 
 ance Company vs. Keefer, 9 — 186. 
 
 An appeal taken before exceptions have been filed to the decision of 
 the court in a case tried by the court without a jury will be quashed, un- 
 less the order of the court below is so drawn as to raise the presumption 
 that the court intended the prothonotary to enter a final and absolute 
 judgment forthwith, and to deny to the parties the right to file excep- 
 tions, and to a hearing thereon. Miller vs. Cambria County, 25 — 591. 
 
 The appellate court will not review findings of fact and conclusions of 
 law in a case tried by the court below without a jury in accordance with 
 the provisions of the act of April 22, 1874, where no exceptions have been 
 filed to the findings of fact or conclusions of law as required by that court. 
 As the proceedings in such a case is out of the course of the common law, 
 the statute must be strictly followed. Flerr vs. Reagan, 34 — 170. 
 
 CONSOLIDATION OF APPEALS— JOINT AND SEPARATE APPEALS. 
 
 It is error to combine in one appeal independent and collateral pro- 
 ceedings in which only two of several appellants are concerned, and an 
 assignment of error and appeal so far as relating thereto will be dismissed. 
 Stout vs. Quinn, 9 — 179 : Pottsville Bank vs. Cake, 12 — 61. 
 
 Where three separate and distinct cases are tried in the common pleas 
 at one time and before the same jury, but with no consolidation of the 
 action, the records in the three casps cannot be brought up for review by 
 a single appeal and writ. McCosh vs. Myers, 35 — 61. 
 
 It is improper practice to take one appeal where three indictments 
 against the same person are tried before the same jury, buti separate ver- 
 dicts and judgments are entered. Com. vs. SchoUenberger, 17 — 318. 
 
 Where a decree of the orphans' court directs distribution of testator's 
 estate into five equal parts among his children, three of the children can- 
 not take a, joint appeal, and procure a review of the decree of the court 
 below upon their distinct individual claims. Samson's Estate, 23 — 93. 
 
 Where several feigned issues, in each of which there is a different 
 plaintiff, are tried before the same jury, separate appeals should be taken 
 in each case. Kimmel vs. Johnson, 18 — 429. 
 
 An appeal from a decree of the orphans' court taken jointly by eleven 
 individuals who claim to have been second cousins of the decedent, and 
 her next of kin at the time of her death, but who do not claim in a joint 
 right, and are not all even children of the same parents, will be quashed 
 
 72 
 
Rule 8] SUPERIOR COURT RULES 
 
 Errors and Appeals. 
 
 as the appellants have no standing to maintain a joint appeal. May's Es- 
 tate, 32-77. 
 
 A husband and wife are not entitled to a joint appeal from a decree 
 of the orphans' court, where it appears that the wife appealed as a dis- 
 tributee, and the husband as a disappointed claimant, and that the matters 
 of complaint were entirely separate and distinct. Bitler's Estate, 30—84. 
 
 Parties making separate and distinct claims on a fund with no joint 
 or common right in the claims, have no right to take a' joint appeal from 
 a decree disallowing the claims. Com. vs. Union Sur. & Guar. Co., 37 — 
 167. 
 
 If one appeal is taken from two judgments of conviction on two in- 
 dictments charging separate and distinct offenses, and no election is made 
 to have the appeal confined to one of the cases, the appeal will be quash- 
 ed. Com. vs. Pilnik (No. 1) 29 — 285. 
 
 CASES STATED— APPEALS IN. 
 
 An appeal from a judgment on a case stated will be quashed where 
 there is nothing to show the existence of a pending suit. Dougherty 
 vs. Cumberland County, 22 — 591. 
 
 Where the only allusion to the right to take an appeal is by way of 
 recital in the body of a case stated, and there is no expressed stipulation 
 reserving the right, the appeal will be quashed. Morgan vs. Mercer County, 
 8—96. 
 
 UQUOR lilCENSES. 
 
 An appeal from an order of quarter sessions transferring a liquor li- 
 cense will be dismissed if it comes on to be heard after license expires, 
 because it is impossible to grant relief. Reichard's License, 45 — 606. 
 
 Affidavits filed in support of an application for a rehearing of a pe- 
 tition for a liquor license, are not part of the record, and the allegation of 
 the fact therein contained cannot be reviewed on appeal to impeach the 
 record, or to rebut the presumption flowing therefrom that the court per- 
 formed its duty by fixing a time at which all applicants had an opportunity 
 to be heard, and that the license was refused for a legal reason and not 
 arbitrarily. 
 
 It does not necessarily follow that an applicant is entitled to a license 
 as matter of right because no proof is given of the charges contained in a 
 remonstrance. 
 
 The appellate court will not review the action of the court of quarter 
 sessions in refusing a liquor license where the record showed that the li- 
 cense was refused "after hearing." Chuya's License, 20 — 410. 
 
 73 
 
SUPERIOR COURT RULES [Rules 9-10 
 
 Errors and Appeals 
 
 The discretion of the quarter sessions once exercised in disposing of 
 an application for a liquor license is not renewable, but the reasons 
 given by the court for refusing the application are subject to review. 
 Donoghue's License, 5 — 1. 
 
 Supreme RULE 9. In all cases where the record is not re- 
 
 Court 
 
 Rule 15. turned on the return day of the term at which the case is 
 upon the list for argument, it shall be the duty of the 
 Prothonotary to enter a non pros., which shall not be 
 taken off except by order of the Court. 
 
 An appellant must file the certificate provided for by the Act of June 
 24, 1895, section 8, with the Prothonotary of the Superior Court within 
 a reasonable time. Neglect to do so will be considered cause for quashing 
 the appeal. Ferree vs. Bradenhurg Co., 1 — 21. 
 
 An appeal will be quashed where it appears that the signature of the 
 trial judge was pasted on the record of the notes of evidence and charge, 
 instead of the record itself being signed. Yost vs. Clark, 25 — 144. 
 
 An appeal from an order refusing to open a judgment entered on an 
 ejectment clause in a lease will be quashed where it appears that the lease 
 contained a waiver of a right to appeal, and the contention of the defend- 
 ant that the lease had expired and a different contract existed between the 
 parties, is not established by anything appearing in the record. If in such 
 a case the defendant relied upon what was contained in depositions to 
 overcome the waiver, it was his duty, having ample time, to suggest a 
 diminution of the record^ and have the depositions brought up. Seagrave 
 vs. Lacy, 28 — 586. 
 
 Where the transcript of the notes of testimony and charge are prop- 
 erly certified, approved and filed, but a carbon copy of the transcript with- 
 out the judge's approval noted thereon, is sent up with the record, the ap- 
 pellant may, after motion to quash, bring up the original transcript with 
 the approval of the court below, and file it with the record with the ap- 
 proval of the appellate court; and the result of such action will be the 
 same as that which would have been reached by the more formal proceed- 
 ing of suggestion of diminution of record. Ripka vs. Mut. Fire Ins. Co., 
 36—517. 
 
 Supreme RULE 10. The Prothonotary shall indorse on each 
 
 Eu"e 16. appeal or writ of certiorari to remove proceedings a 
 
 rule to appear and plead at the return day of the writ; 
 
 74 
 
Rule 11-13] SUPERIOR COURT RULES 
 
 Errors and Appeals 
 
 and in default of appearance when the cause is called 
 for argument, and on proof of ten days' service of the 
 rule on the appellee or his counsel below, the Court will 
 proceed ex parte. 
 
 RULE 11. In all cases, where in pursuance of the supreme 
 judgment of this Court, a cause goes back to the court RuTe*i7. 
 below for further proceedings, it shall be the duty of the 
 Prothonotary to certify and send back with the order, 
 decree or judgment, a copy of the opinion of the Court 
 which shall have been filed. 
 
 An erroneous sentence will be reversed without affecting a trial and 
 conviction, and the case sent back for another sentence. Com. vs. Barge, 
 11—164. 
 
 RULE 12. Motions for reargument or for any other supreme 
 purpose, after judgment, order or decree, shall be filed £°ie*i8_ 
 in the office of the Prothonotary of this Court for the 
 proper district, but the record shall not be retained in 
 any appeal beyond the limit of ten days provided by the 
 Act of May 19, 1897, unless upon an order from the 
 Court or one of the judges thereof. Such motions must 
 be accompanied with a copy of the opinion of the Court. 
 
 RULE 13. Every judgment, order, or decree of this 
 Court shall be noted by the Prothonotary on the minute 
 book kept at the place where the Court shall be in ses- 
 sion, at the time, and, together with the opinion or opin- 
 ions filed therewith, be forthwith transmitted to, and 
 entered of record by the Prothonotary in whose office 
 the appeal was entered. 
 
 75 
 
SUPERIOR COURT RULES [Rule 14 
 
 Assignments of Error. 
 
 ASSIGNMENTS OF ERROR 
 
 Supreme RULE 14. Each error relied on must be specified 
 Ru"e 26. particularly and by itself. If any specification em- 
 brace more than one point, or refer to more than one bill 
 of exceptions, or raise more than one distinct question, 
 it shall be considered a waiver of all the errors so al- 
 leged. 
 
 ASSIGNMENTS TO BE TO ONE POINT OB ONE TSITJL ONLY 
 
 Specifications of error which contain more than one point offend 
 against Rule 14 of the Superior Court and will not be considered. Sloan 
 vs. James, 13 — 399 ; Reading Co. vs. Seip, 30 — 330 ; Ripka vs. Mutual 
 Fire Ins. Co., 36 — 517; Grayhill vs. Deitrick, 32 — 483; Com. vs. Swarts, 
 40—370. 
 
 An assignment of error which embraces more than one point or refers 
 to more than one bill of exceptions violates Rule 14. Commonwealth vs. 
 Campbell, 31—9 ; Brainerd vs. Davis, 31 — 599 ; Erie City vs. Grant, 34 — 109. 
 Reading Co. vs. Seip, 30 — 330. 
 
 An appeal will be quashed when the only assignment of error em- 
 braces three distinct points. Loewehe vs. Lumberman' s B. & L. Ass'n> 
 21-389. 
 
 ASSIGNMENTS MUST BE SELF SUSTAINING. 
 
 Each assignment of error must be self-sustaining and embody every- 
 thing necessary to its determination in the appellate court; a mere refer- 
 ence to a page elsewhere, on which some of the essential matters relating 
 to the specifications appear, is not sufficient. Vanderslice vs. Donner, 
 26—319. 
 
 Assignments of error must be so complete in themselves as not to re- 
 quire reference to other parts of the record. Com. vs. Mackey, 34 — 1. 
 
 An assignment of error to the action of the court in overruling a 
 demuner to an indictment should indicate the grounds upon which the 
 demurrer is based. Co»t. vs. Shoener, 25 — 536. 
 
 An assignment of error of the following form, "The learned court 
 below erred in overruling the defendant's motion to quash the indictment," 
 without more, violates this rule and will not be considered. Com. vs. 
 Stambaugh, 33 — 386; see also Com. vs. Yocwn, 37 — 337; Altoona vs. 
 Morrison, 24 — 417. 
 
 76 
 
Rule 14] SUPERIOR COURT RULES 
 
 Assignments of Error. 
 
 An assignment of error to the granting an injunction is insufficient 
 if it does not set forth the decree itself. McConahy vs. Western Allegheny 
 R. R. Co., 31—215. 
 
 An assignment of error to rulings on exceptions to an auditor's report 
 are not in accordance with the rule where they do not set forth the de- 
 cree of the court, or the exceptions, or the rulings thereon. Prudential 
 vs. Hildebrand, 34 — 249. 
 
 On an appeal from an ordeV discharging a rule for judgment for want 
 of a sufficient affidavit of defense, the order of the court below should be 
 set forth in the assignment of error, and not merely counsel's summary of 
 what the court did. Monongahela Nat. Gas Co. vs. Ellwood Nat. Gas & 
 Oil Co., 43 — 619 ; and an exception must be taken and the order set forth 
 in the assignment, Erie vs. Grant, 24 — 109 ; Chambers vs. McLean, 23 — 551 ; 
 Monongahela Nat. Gas Co. vs. Ellwood Nat. Gas & Oil Co,, 43 — 619 ; but 
 see Brainerd vs. Davis, 21 — 599. 
 
 BOAD CASES. 
 
 An assignment of error to the effect that the court erred "in dismiss- 
 ing the exceptions to the report of the viewers," without setting forth any 
 of the exceptions, violates Rule 14 of the Superior Court. Wabash Ave- 
 nue, 26 — 305; and the appeal may be quashed. Barr Township Road, 
 29—203. 
 
 An assignment of error "That the report of viewers and reviewers 
 abounds in material alterations and interlineations which are not shown to 
 have been made or inserted prior to the time of fixing of the viewers' or 
 reviewers' signatures thereto" will not be considered where the record does 
 not show an exception was taken in the court below. Ross Township, 
 5—85. 
 
 On an appeal from a judgment on a ve'rdict, an assignment of error 
 to the effect that the court erred in holding that a certain matter was a fact, 
 without showing where or how or when or in what manner the court so 
 held, is defective. Wymard vs. Deeds, 21 — 332. 
 
 An appeal from an order overruling exceptions to an auditor's report 
 will be quashed where the only assignment of error is that "the court erred 
 in dismissing the exceptions filed to the report of the auditor, to wit," 
 followed by numerous exceptions raising both questions of law and fact 
 Moore vs. Bischoff, 25 — 1. 
 
 On an appeal from a judgment on a verdict in favor of plaintiff in a 
 suit on a fire insurance policy, the question whether the policy was not 
 avoided by the stoppage of work in the factory insured for more than ten 
 days, will not be considered by the appellate court, where the question 
 
 77 
 
Rule 15] SUPERIOR COURT RULES 
 
 Assignments of Error. 
 
 was not raised in the court below in such a way as to require the appellate 
 court to pass upon it as a question of law. Ulysses Elgin Butter Company, 
 Limited, vs. Hartford Fire Insurance Company, 20 — 384. 
 
 The court below ordered judgment^ for the plaintiff on a case stated, 
 but no judgment was actually entered, nor was exception taken to the de- 
 cree, nor any assignment of error filed; there was nothing of record for 
 the appellate court to decide. Roller et al. vs. Meredith, 4 — 461. 
 
 JUDGMENT ON VEKDICT— ASSIGNMENT TO ENTRY OF. 
 
 Where plaintiff's statement sets forth a good cause of action, and 
 where a verdict has been rendered for the plaintiff and a question of law 
 has not been reserved, a general assignment of error alleging error in en- 
 tering judgment on the verdict is not good. Wills vs. Hardcastle, 19 — 525; 
 Cotn. vs. Shoener, 25 — 526. 
 
 IMPROPER REMARKS OF COUNSEL. 
 
 Improper remarks of counsel are not subject of an assignment of er- 
 ror, unless they have been brought upon the record by the attention of 
 the court being called to them, and a ruling obtained in relation to them. 
 Kalin vs. Wehrle, 36 — 305 ; But see Commonwealth vs. Kloss, 38 — 307. 
 
 c"urt™^ RULE 15. When the error assigned is to the charge 
 Rule 27. of the court, or to answers to points, the part of the 
 charge or the points and answers referred to must be 
 quoted ipstssimis verbis in the specification, and the 
 parts of the charge assigned as error shall be inclosed in 
 brackets in the printed charge, with the number of the 
 assignment noted. 
 
 ASSIGNMENTS O F ERROR TO THE CHARGE MUST BE BASED ON 
 EXCEPTIONS —ACT MAT 11, 1911, P. L,. 879 
 
 The second section of the Act of May 11th, 1911, P. L. 279, pr-ovdies : 
 "Exceptions may be taken, without allowance by the trial judge, to any 
 part or all of the charge, or to answers to points, for any reason that may 
 be alleged regarding the same in the hearing of the court, before the 
 jury retires to consider its verdict or thereafter, by leave of the court; 
 and they shall be thereupon noted by the official stenographer, and there- 
 after have all the effect of exceptions duly written out, signed, and sealed 
 by the trial judge at the time of trial." This, it will be observed, simplifies 
 the method of taking such exceptions and, it is submitted, will have the 
 effect of making the appellate courts the more rigorous in enforcing the 
 
 78 
 
Rule 15] SUPERIOR COURT RULES 
 
 Assignments of Error. 
 
 rule in respect to taking such exceptions. It also appears to repeal, by im- 
 plication, the Act of March 34, 1877, P. L. 38. 
 
 An assignment of error to the answer of the court to any inquiry 
 made by the jury after the charge has been completed, and the jury had re- 
 tired, will not be considered where it appears that the assignment was not 
 based on an exception. Cutter vs. Pierson, 26 — 10. 
 
 On an appeal in an action of replevin the only error assigned was a 
 conditional verdict, which was quoted. No exception had been taken to 
 the charge, nor was any final judgment entered. The evidence was not 
 brought up, nor was there anything in the record to connect the appellant 
 with the suit. Held, that the appeal should be quashed. Del. Co. Tr., 
 S. D. & Title Ins. Co. vs. Lee, 24 — 74. 
 
 An appeal will be quashed where error is assigned to oral instruc- 
 tions, but no exception has been taken to such instructions. Petri vs. 
 Carracciolo, 33 — 312. 
 
 Where the record on an appeal fails to show that the charge of the 
 court was excepted to, the appellate court will not consider assignments 
 of error based upon the charge. Sternberg vs. Sklaroff, 32 — 116. 
 
 The record failing to show any request made, before verdict, to have 
 the judge's charge filed, or that any written requests for instructions were 
 presented to the court or any suggestion of an exception to the action of 
 the court in failing to answer points, it follows that the assignment of er- 
 ror to the charge and answers to the points have no foundation in the 
 record and the appeal must be quashed. Scott S- Roberts vs. Smaltz, 
 10—44. 
 
 Where a defendant does not except generally to the charge and an- 
 swers to points, but excepts merely to portions of the charge and to an- 
 swers to certain of the points,' he cannot assign as error an answer to a 
 point, as to which he took no exception. , Wills vs. Hardcastle, 19 — 525. 
 
 XBBOBS IN CHABGE— ASSIGNMENTS OF. 
 
 Assignments of error based upon the charge will be dismissed where 
 the appellant did not except to the charge, or request that it be reduced to 
 writing and filed, before verdict rendered, or those based on answers to 
 points and the admission of testimony will not be considered where the 
 points and the/ testimony referred to are not set out in the assignments. 
 Mathusek Piano Co. vs. Engberry, 30 — 543. 
 
 An assignment of error which sets forth a portion of one sentence of 
 the charge without anjrthing to indicate its bearing, or its alleged injury 
 to the appellant, or one setting forth a single sentence of the charge, sev- 
 ered from the context, or setting forth points and answers thereto which 
 
 79 
 
SUPERIOR COURT RULES [Rule 15 
 
 Assignments of Error. 
 
 are not self-explanatory, or self-sustaining, will not be considered. Cox 
 vs. Wilson, 25—635. 
 
 A specification of error, where it mingles the charge of the court and 
 a ruling upon the rejection of evidence, offends against this rule, and can- 
 not be considered. Com. vs. Light, 10 — 66. 
 
 Rule 15 is violated by an assignment which generalizes error on the 
 part of the court and then specifies error in thirty-seven distinct ways. 
 Com. vs. Yocum, 37 — 237. 
 
 So also by one to an instruction which does not quote the instruction 
 totidem verbis. Reading Co. vs. Seip, 30 — 330. 
 
 On the trial of an indictment for a crime, the trial judge cannot be 
 convicted of error by excerpts taken from his charge, which were not com- 
 plete paragraphs or represented separate and entire instructions on essen- 
 tial phases of the case, where the charge considered as a whole fully and 
 fairly presented the defendant's case in an adequate manner. — Com. vs. 
 D'Angelo, 29—378. 
 
 An assignment of error violates this rule, which specifies "the learned 
 judge erred in submitting the case to the jury in contradiction to the plain- 
 tiff's theory." Ludwig Piano Company vs. Browne, 33 — 81. 
 
 An extract from the charge alleged to be error is not a proper basis 
 for an assignment of error, where the extract taken in connection with the 
 context, and the charge is general, was a proper instruction. Mapes vs. 
 Pittsburg Provision & Packing Co., 31 — 453. 
 
 Part of a charge, which, takenby itself could be considered objection- 
 able, may not be so considered when taken in connection with other por- 
 tions of the charge. The trial court will be reviewed on the general effect 
 of the charge and not upon sentences or paragraphs disconnected from the 
 context which qualifies and explains them. Com. vs. McManiman, 27 — 304. 
 Where special instructions were not asked for at the trial, and par- 
 ticular error of law or material misstatement of the evidence cannot be 
 pointed out, the court will be reviewed on the general effect of the charge, 
 and not upon sentences or paragraphs disconnected from the context which 
 qualifies and explains them; if, as a whole, the charge was calculated to 
 mislead there is error in the record; if not, there is none. Rider-Ericsson 
 Engine Co. vs. Fredericks, 25 — 72; Com. vs. D'Angelo, 29 — 278. 
 
 Where both sides withdrew points for charge or the charge was sat- 
 isfactory to them, assignments alleging omissions in the charge will have 
 no weight with appellate court. Light vs. R. R., 4 — 427. 
 
 An assignment of error quoting the whole charge of the trial judge, 
 and alleging that the charge was partial, without pointing out in what re- 
 
 80 
 
Rule 15] SUPERIOR COURT RULES 
 
 Assignments of Error. , 
 
 spect the charge was partial, is erroneous practice. Wood vs. Schomacker 
 Piano Forte Mfg. Co., 32—138; O'Donnell vs. Gaffney, 23—316; Com. 
 vs. Rossi, 47 — 297. 
 
 Where all the assignments of error relate to instructions of the court 
 at the trial, but none of them quote totidem verbis the portions of the 
 charge or the points and answers referred to, the appeal will be quashed. 
 Mitchell vs. Jodon, 22 — 304. 
 
 Error cannot be assigned of what was not said by the judge below 
 without a request so to charge. Mitchell vs. Jodon, 22 — 304; Weiss vs. 
 Swift & Co., 36—376. 
 
 The court below having refused the plaintiff's points and having given 
 binding instructions for the defendant, such action cannot be reviewed 
 when neither the general charge nor the evidence given below have been 
 brought up with the record. Long vs. Shull et al., 7 — 476. 
 
 An assignment of error complaining of a portion of the charge will 
 not be considered where the portion of the charge complained of is not 
 quoted totidem verbis in the assignment. Com. vs. Houghton, 22 — 52. 
 
 The appellate court will not review a case which was submitted with- 
 out argument upon the charge of the court, which involved no question of 
 law, and which was fairly submitted to the jury. St oner vs. Honse, 
 28—485. 
 
 The appellate court will not reverse a judgment because the trial 
 judge did not quite accurately quote some of the evidence, where the varia- 
 tion is so slight as to do the plaintiff no harm ; and this is especially so 
 where the trial judge does not attempt to control the jury in their recol- 
 lection of what was said. Abington Dairy Company vs. Reynolds, 
 34—632. 
 
 It is not error for a judge to express his opinion upon the facts if 
 done fairly, provided he does not give binding instructions nor is he re- 
 quired to repeat all the testimony but only in so far as he attempted to do 
 so accurately and impartially. Com. vs. Warner, 13 — 461. 
 
 Where it does not appear affirmatively from the record that an ex- 
 ception was noted to the charge before verdict, or that the defendant re- 
 quested before verdict that the charge be reduced to writing from the 
 stenographer's notes and filed of record, and there is no ground for in- 
 ferring with any degree of certainty that the proceedings were had before 
 verdict, an appeal based upon them will be quashed. Leonard vs. Leslie, 
 23—63; Corkery vs. O'Neill, 9—335. 
 
 81 
 
SUPERIOR COURT RULES [Rule 15 
 
 Assignments of Error 
 
 An assignment of error which omits a part of a sentence in the 
 charge, which explains the part assigned for error, violates this rule and 
 will not be considered. Springer vs. Stiver, 16 — 184. 
 
 Where the charge as a whole was a correct exposition of the law &nd 
 an adequate and impartial presentation of the case without any tendency 
 to mislead or confuse the jury, it is not to be reviewed upon sentences or 
 paragraphs disconnected from the context which qualifies or explains them. 
 Com. vs. Warner, 13^461. 
 
 A trial judge has authority to correct the stenographer's report of his 
 charge, and the appellate court cannot go outside of the charge as cor- 
 rected and certified by him. Toddes vs. Hafer, 25 — 78. 
 
 Unless an assignment of error sets out the charge of the court totidem 
 verbis, even though the assignment of error contains the point, it will not 
 be considered. B. P. Lee Co. vs. Sherman, 43 — 557. 
 
 Specifications of error are defective, and violate this rule, which 
 challenge, in general terms, the charge of the court in not deciding 
 given questions of law, without reciting the charge or disclosing specific 
 requests to so charge. Fry vs. Flick, 10 — 362. 
 
 An assignment of error setting forth a single sentence of the charge> 
 severed from the context, will not be considered. Co.ii; vs. Wilson, 
 35—635. 
 
 Assignments of error are defective which challenge parts of the 
 charge of the court, where the record shows neither an exception to the 
 charge, nor a request that the court order the charge to be filed. Corkery 
 vs. O'Neill, 9—335. 
 
 An assignment of error is defective and offends against Rule 15, 
 which alleges error in the charge to the jury and does not quote the charge 
 totidem verbis. Ewing vs. Cottman, 9 — 444. 
 
 HABMrESS XBBOB 
 
 Where the one question of fact upon which the jury were called upon 
 to pass was presented to them in terms which could not have been misun- 
 derstood, the appellate court will not reverse for harmless error in admis- 
 sion of testimony; nor for specification of error as to a portion of the 
 charge which wrested from its context might seem to be inaccurate, but 
 when considered in connection with the language which accompanied it was 
 not improper to be used. Winans vs. Bunnell, 13 — 445. 
 
 The appellate court will not reverse for error in the charge of the 
 court where it was manifest that appellant was not injured by such error. 
 Ferrell vs. Reed, 14 — 27. 
 
 82 
 
Rule 16] SUPERIOR COURT RULES 
 
 Assignments of Error 
 
 POINTS FOK CHARGE— ASSIGNMENT OF ERROR TO ANSWERS. 
 
 A party is entitled to a clear and distinct statement of the law in an- 
 swer to every point properly drawn that is material and applicable to the 
 case and warranted by the facts and the evidence, if not covered in the 
 general charge. Volk vs. Beatty, 40 — 628. 
 
 Where counsel omits to present points for charge at the trial, it is too 
 late to complain on appeal that the charge was one-sided and omitted to 
 prevent essential features of appellant's case raised by evidence. Craw- 
 ford vs. Wittich et al, 4 — 585; Mitchell vs. Jodon, 22 — 204; Weiss vs. 
 Swift &■ Co., 36—376. 
 
 Where the assignments of error on an appeal are to answers to points, 
 the appeal will be quashed where no bill of exceptions has been taken. An 
 indorsement on plaintiff's points or on opinion, refusing new trial, that bill 
 was "sealed for defendants in all generally," is not sufficient. Harton vs. 
 Harton, 28—492. 
 
 When an assignment of error is to an answer to a point, both the 
 point and the answer must be set forth in the assignment, and one relat- 
 ing to the charge of the court is improper if it assigns a portion of the 
 charge relating to a distinct subject, but does not give the entire portion 
 of the charge relating to that subject. Simpson vs. Carroll, 41 — 343. 
 
 An appeal will be quashed where the record fails to show that any ex- 
 ceptions were taken to answers to points or to portions of the charge as- 
 signed as error. Com. vs. Johnston, 44 — 218; Long vs. Shull, 7 — 476; 
 Wills vs. Hardcastle, 19 — 525. 
 
 An appellate court will not consider an assignment of error to an an- 
 swer to a point, where the assignment, although containing the point, does 
 not quote the answer totidem verbis. Com. vs. Simon, 44 — 538. 
 
 An assignment of error will not be considered which does not quote 
 the judge's answer to a point totidem verbis, although it contains the point. 
 Batterer vs. Scott, 29—553. 
 
 RULE 16. When the error assigned is to the ad- Supreme 
 mission or rejection of evidence, or to the striking out Rule 28. 
 or refusal to strike out evidence, the specification must 
 quote the questions or offers, the ruling of the court • 
 
 thereon, and the evidence admitted or rejected, stricken 
 out or which the court refuses to strike out, together 
 with a reference to the page of the paper-book or ap- 
 
 83 
 
SUPERIOR COURT RULES [Rule 16 
 
 Assignments of Error 
 
 pendix where the matter may be found in its regular 
 order in the printed evidence or notes of trial. When 
 the error alleged is the admission or rejection of' a writ- 
 ing, a full copy of the writing must be printed in the 
 paper-book. Any assignment of error not according to 
 this and the rule immediately preceding will be dis- 
 regarded. 
 
 Sections 3 and 4 of the Act of May 11, 1911, P. L. 279, make a rad- 
 ical change in respect to the transcription of the evidence in trials, and 
 section 6 relieves counsel from the necessity of taking formal exceptions 
 to the decision of a court of record where it "'shall appear in the pro- 
 ceedings of a case." Section 5 of same act provides a means for omit- 
 ting such parts of the evidence taken at the trial in the transcript of the 
 record which goes to the appellate court in appeals. 
 
 Assignments of error to rulings on evidence to which no exceptions 
 have been taken will not be considered. Cutter vs. Pierson, 36 — 10. 
 
 Where no exceptions have been taken to the rulings of the trial court 
 in the exclusion of testimony, assignments of error to the action of the 
 court will not be considered. Com. vs. Wilkinsburg, 37 — 160. 
 
 It is too late on appeal to object to a variance between the statement 
 and the evidence where it appears that no objection was made to the evi- 
 dence by the defendant at the trial, nor was surprise expressed nor a con- 
 tinuance asked for. Where such a variance appears, the trial court may 
 permit an amendment to the statement. Elder Township School District 
 vs. Pennsylvania Railroad Company, 36 — 112. 
 
 An assignment of error to the admission of evidence, which does not 
 quote the evidence, nor refer to the page of the paper-book where it may be 
 found, will not be considered. Anspach vs. Christman, 44 — 99. 
 
 Where no full offer is required as to testimony, and no request is sub- 
 sequently made to strike out the testimony, the appellate court cannot con- 
 vict the trial court of error in regard to the admission of the testimony. 
 Baker vs. Moore, 29—301. 
 
 An assignment of error to the admission of testimony is defective 
 which fails to set forth the evidence admitted. Bleadingheiser vs. Crum- 
 rine, 34 — 241 ; Brouse vs. Oliger, 36 — 399 ; Ripka vs. Mutual Fire Ins. Co., 
 36 — 517; Whaley vs. Citizens N. Bank, 28 — 531; Com. vs. Richardson, 
 40—85. 
 
 84 
 
Superior Court of Penna. 
 
 Sitting at Philadelphia. 
 
 In re Change of Rules Nos. 17 and 19. 
 
 And now, July 15, 1914, Rule 17 is 
 amended by striking from paragraph 
 10 thereof the following, "including 
 any opinion by the court below filed in 
 the case," and inserting as para- 
 graph 8 the following: "8. Any opin- 
 ion filed in the court below in the 
 case;" and numbering the three sub- 
 sequent paragraphs 9, 10 and 11 re- 
 spectively. 
 
 And same day. Rule 19 is amended 
 by striking from paragraph 11 thereof 
 the following, "including any other 
 opinion of the court below filed in the 
 case," and changing paragraph 8 so as 
 to read as follows: "Opinion of the 
 court on the exceptions, and the de- 
 cree made, together with any other 
 opinion of the court filed in the case." 
 By the Court. 
 
 Attest: Alfred B. Allen, 
 [Seal] Deputy Prothonotary. 
 
Rule 17] SUPERIOR COURT RULES 
 
 Paper-Books. 
 
 An assignment of error to the rejection of a paper offered in evidence 
 fails to comply with the rules, if the paper is not printed in connection 
 with the assignment. R. & W. Jenkinson Co. vs. Eggers, 28 — 151. 
 
 An assignment of error to the effect that "the court erred in per- 
 mitting counsel for the defendant to repeatedly ask his own witness lead- 
 ing questions" is without merit where it appears that the plaintiff has print- 
 ed in connection with this assignment four pages of questions and an- 
 swers which he permitted to proceed without objection. McCullough vs. 
 Seits, 28—458. 
 
 Where the assignments of error depend for their correct determin- 
 ation upon the consideration of the evidence, Rule 16 will be strictly 
 enforced. Crane Marks Co. vs. Gordon, 33 — 315. 
 
 Assignments of error in an appeal from the orphans' court to the 
 effect that the court erred in allowing certain claims, and that the court 
 erred in "holding" that the claims were properly proved, without more, 
 are insufficient under this rule, and will not be considered. Ramschasel's 
 Est., 21— i97. 
 
 Where assignments of error relating to the admission of testimony 
 do not quote the question or answers, the ruling of the court thereon and 
 the testimony or evidence admitted, with reference to the pages of the 
 paper-book. Loeweke vs. Lumberman's B. & L. Ass'n, 21 — 389; Com. vs. 
 ■Powell, 33—370. 
 
 An assignment of error to a ruling admitting or rejecting evidence is 
 defective which fails to set forth the evidence admitted or offered and 
 rejected. It is not enough that the text of the assignment be supple- 
 mented by reference to the evidence set out in extenso in the appendix. 
 Piszi vs. Nardello, 23—535. 
 
 An assignment of error to the admission of evidence which does not 
 quote the evidence nor refer to the page of paper-book where it may be 
 found will not be considered. Anspach vs. Christman, 44 — 99; Com. vs. 
 Storas, 45 — 43 ; LeRoy vs. Richards, 8—119. 
 
 Assignments of error to the admission of evidence are insufficient, if 
 they do not set forth rulings of court to which assignments refer. Long 
 vs. Hepps, 45—76. 
 
 PAPER-BOOKS 
 RULE 17. In all cases where the appeal is from a supreme 
 judgment on a verdict, the paper-book of the appellant ^""3*29 
 
 85 
 
SUPERIOR COURT RULES [Rule 17 
 
 Paper-Books. 
 
 shall contain the following matters in the following 
 order: 
 
 1. Names of all the parties as they stood on the rec- 
 ord of the court below at the time of the trial, with the 
 addition of the word "appellant" after the name of the 
 party taking the appeal, and the form of the action. 
 
 2. Copy of the docket entries. 
 
 3. Abstract of the proceedings showing the issue 
 and how it was made. 
 
 4. Statement of the questions involved (see Rule 
 23). 
 
 5. History of the case (see Rule 24). 
 
 6. Charge of the court, naming the judge, the 
 points, if any, which were submitted in writing to the 
 court, and the answers thereto. 
 
 7. Verdict of the jury and the judgment thereon. 
 
 8. Assignments of error. 
 
 9. Brief of argument of the appellant (see Rule 25) . 
 
 10. Appendix containing the evidence, and the 
 pleadings in full, including any opinion of the court be- 
 low filed in the case, and copies of plans or drawings, 
 whenever they have been used in the court below and 
 are necessary for a correct or ready understanding of 
 the case (see Rules 21 and 28). 
 
 An appeal will be affirmed where appellant fails to print in his paper- 
 book essential parts of the record making it impossible for the appellate 
 court to pass on the questions raised. Long vs. Hepps, 45 — 76. 
 
 An appeal will be quashed where it appears that a bill in equity offered 
 in evidence, and an important, and, in a sense, controlling item of evi- 
 dence, has not been printed by the appellant. Com. vs. Sober, 22 — 22. 
 
 86 
 
Rule 17] SUPERIOR COURT RULES 
 
 Paper-Books. 
 
 Omission to print docket entries in the paper-book of the appellant is a 
 serious disregard of the rule of court. Commonwealth vs. Pilnik (No. 1), 
 29—285. 
 
 On appeal where the evidence indicates that an ordinance, regulating 
 the manner of bidding upon municipal contracts, had been enacted, but 
 the ordinance is not printed in the evidence, the appellate court must as- 
 sume that all the provisions of the ordinance were observed. Erie vs. 
 Bier, 10—381. 
 
 Specifications of error are defective as not in accordance with Rule 
 17, where the testimony nowhere appears in the assignment nor the 
 name of the witness who testified on the subject or the page of the paper- 
 book given, and where these rules are not complied with, the specification 
 will not be considered. De Roy vs. Richards, 8 — 119. 
 
 An appeal will be quashed where the appellant's paper-book does not 
 contain the certificate of the judge to the transcript of the evidence, nor a 
 statement of the question involved, and where the record shows that the 
 evidence itself had not been brought up. Herlehy vs. Shrader, 20 — 438. 
 
 An appeal from a judgment in favor of the receiver of an insurance 
 company on an assessment will be quashed, where the appellant fails to 
 print in his paper-book the policy of insurance under which the liability 
 to assessment arose, and which the appellant retained in his possession for 
 over nine years. Backenstoe vs. Nine, 23 — 29. 
 
 Where an appellant has failed to print the charge and the testimony, 
 and such omission is vital to a proper consideration of the case, the appeal 
 will be quashed. Fritzius vs. Brennan, 28 — 365. 
 
 A paper-book will be suppressed and the judgment affirmed where 
 the appellant fails to print the evidence given on the trial. The recital of 
 facts in the opinion filed by the trial judge will not take the place of the 
 duly certified evidence, in the absence of an agreement that it contained 
 all the facts concerning which evidence was given. Hoff vs. Hamilton, 
 88 — 76. Dietrich vs. Farmer's Union Mutual F. I. Co. 32 — 324. 
 
 An assignment of error to the rejection of a paper will not be consid- 
 ered, where the appellant has failed to print the paper in his paper-book. 
 Commonwealth vs. Pearl, 29 — 307. 
 
 Where on the trial of a scire facias sur mortgage it appears that the 
 mortgage and an assignment of the same were admitted in evidence, the 
 appellant should print the mortgage and assignment in his paper-book. 
 Union Trust Company of Pittsburg vs. Cain (No. 2), 29 — 197. 
 
 On an appeal where the assignments of error relate to the rejection of 
 evidence, and it appears that the evidence is not printed in the paper- 
 
 87 
 
SUPERIOR COURT RULES [Rule 17 
 
 Paper-Books. 
 
 books, and there is nothing to identify as evidence certain exhibits printed 
 in the appellant's paper-book and relied upon by him, the judgment will 
 be affirmed. Commonwealth vs. Joy, 29 — 445. 
 
 An appeal from a judgment on a verdict on a scire facias sur me- 
 chanic's lien, will be quashed, where it appears that the appellant, although 
 having ample time, printed only a portion of the mechanic's lien, and failed 
 to print the evidence, the charge and exceptions, and also filed no specifica- 
 tions of error, or offered to file them until after the case was called for 
 argument. National Lumber Company vs. Mehaffey, 30 — 544. 
 
 Where some of the oral evidence taken by the official reporter is not 
 printed, a certificate of appellant's counsel that the portion printed is all 
 of the evidence pertinent to the question involved in the appeal is not a 
 sufficient compliance with this rule. Crane Marks Company vs. Gordon, 
 33—315. 
 
 A failure by an appellant to print the statement of claim in his paper- 
 book is a non-compliance with this rule. Quigley vs. Traders' Mut. Fire 
 Ins. Co., 35—51. 
 
 On an appeal in an action against an insurance company to recover 
 for a fire loss, where the transcript of the evidence shows that the policy 
 and the proofs of loss were produced and offered in evidence, and it also 
 appears that neither the policy nor the proofs of loss are printed in the 
 appellant's paper-book, and that these papers are essential to a proper de- 
 termination of the case, the appellate court will not send the case back for 
 retrial, but will quash the appeal. Traders' Mut. Fire Ins. Co., 35^51. 
 
 When the court below gives binding instructions against a plaintiff, 
 he ought upon appeal to print the statement of his cause of action as pre- 
 sented to the court below, in order that the question upon which the court 
 passed may be plain. Carson vs. Hosiery Company, 15 — 476. 
 
 Where the action of the court below, which is assigned for error, con- 
 sists in the refusal to take off a non-suit, it is important that plaintiff should 
 print his statement that it may be determined whether the evidence which 
 he produced at the trial was sufficient to support the cause of action of 
 which he complained. Com. vs. Burns, 14 — 248. 
 
 On an appeal from a judgment on a verdict, a failure to print the tes- 
 timony will justify the appellate court in dismissing all the assignments of 
 error upon which the testimony has a bearing. Wills vs. Hardcastle, 
 19—525. 
 
 Where on the trial of a scire facias sur mortgage it appears that the 
 mortgage and an assignment of the same were admitted in evidence, the 
 
Rule 17] SUPERIOR COURT RULES 
 
 Paper-Books. 
 
 appellant from the judgment of the court should print the mortgage and 
 assignment in his paper-book. Union Tr. Co. vs. Cain, 29 — 197. 
 
 Where an appellant has failed to print the charge and the testimony, 
 and such omission is vital to a proper consideration of the case, the ap- 
 peal will be quashed. Fritzius vs. Brennan, 28 — 365. 
 
 Specifications of error are defective as not in accordance with Rule 
 17, where the testimony nowhere appears in the assignment nor the 
 name of the witness who testified on the subject nor the page of the 
 paper-book given, and where these rules are not complied with, the 
 specifications will not be considered. De Roy vs. Richards, 8 — 119. 
 
 The records of United States weather bureau are public records, and as 
 such are admissible in evidence. Where, however, papers offered in evi- 
 dence and rejected by the trial court are alleged to be such records, but 
 are not printed in the appellant's paper-book, the appellate court has noth- 
 ing before it from which it can determine whether the ruling of the trial 
 court was or was not erroneous. Nolt vs. Crow, 22 — 114. 
 
 An appeal will be quashed when the reasons upon which a motion for 
 a new trial were based are not printed in appellant's paper book. Moyer 
 vs. Phillips, 40—1. 
 
 A failure by appellant to print the statement of claim in his paper- 
 book is non-compliance with Rule 17. Quigley vs. Traders^ Mutual F. 
 Ins. Co. of Phila., 35 — 51. So it is to omit the statement of the question 
 involved. Manley vs. O'Neill, 19 — 240. 
 
 Failure to print praecipe, writ, and declaration on an appeal from 
 a judgment in ejectment is ground for quashing the appeal. Updegraff vs. 
 Snyder, 36 — 30. 
 
 As to cost of printing paper-book see Henning vs. Keiper, 43 — 177. 
 
 Where an appellant fails to print in his paper-book a writing which is 
 an essential feature of the case, the appellate court will accept as correct 
 the statements made as to the paper by the trial judge in his charge. Krider 
 vs Hartsell, 40—186. 
 
 An order of court permitting an appellant to print in her paper-book 
 only such portions of the transcript of testimony as in the judgment of her 
 counsel are material to the consideration of the exceptions and the assign- 
 ments of error, does not relieve her from the duty of printing such por- 
 tions of the testimony as manifestly are absolutely essential in such con- 
 sideration. Com. vs. Williams, 41 — 326. 
 
 89 
 
SUPERIOR COURT RULES [Rule 18 
 
 Paper-Books. 
 
 CourP^ RULE 18. In all cases where the appeal is from a 
 Rule 30. final judgment at law in the Common Pleas, not found- 
 ed upon a verdict or on a case stated, the paper-book of 
 appellant shall contain : 
 
 1. Names of all the parties as they stood on the rec- 
 ord of the court below at the time of the entry of the 
 judgment, with the addition of the word "appellant" 
 after the name of the party taking the appeal, and the 
 form of the action. 
 
 2. Abstract of the record showing the exact ques- 
 tions presented for the decision of the court and how 
 disposed of. 
 
 3. Statement of the questions involved (see Rule 
 23). 
 
 4. History of the case (see Rule 24). 
 
 5. Requests for findings of facts and law and the 
 answers thereto. 
 
 6. Report of facts and law by the judge sitting with- 
 out a jury. 
 
 7. Exceptions to the findings of the court. 
 
 8. Opinion filed. 
 
 9. Judgment of the court. 
 
 10. Assignments of error. 
 
 11. Brief of argument of appellant (see Rule 25). 
 
 12. Appendix, containing the record in full, ex- 
 cept the parts thereof printed in the paper-book proper, 
 and, unless dispensed with by the appellee, the evidence 
 submitted in the court below. 
 
 90 
 
Rule 19] SUPERIOR COURT RULES 
 
 Paper-Books 
 
 13. Copies of plans or drawings, whenever they 
 have been used in the court below and are necessary for 
 a correct or ready understanding of the case (see Rules 
 21 and 28) . 
 
 The appellate court will quash an appeal from a judgment affirming 
 the proceedings of a justice of the peace under the landlord and tenant act 
 of December 14, 1863, where the record of the justice's proceedings sent 
 up to the common pleas is not printed in the appellant's paper-book. Such 
 omission is a violation of Rule 18, and is not corrected by the printing of 
 the continuance docket entries, nor by the recital of facts in the opinion 
 of the judge of the court below upon exceptions. Com. vs. Wemel, 
 24 — i69. 
 
 RULE 19. In all cases where the appeal is from a supreme 
 proceeding in equity or from a proceeding in the nature ru"|*3i. 
 thereof in the Court of Common Pleas, or from the 
 Orphans' Court, the appellant's paper-book shall con- 
 tain: 
 
 1. Names of the parties and the nature of the pro- 
 ceedings, including the docket entries. 
 
 2. Short abstract of the bill or petition and answer. 
 
 3. Statement of the questions involved (see Rule 
 23). 
 
 4. History of the case (see Rule 24). 
 
 5. Report of the auditor, referee or master, if there 
 was one. 
 
 6. Requests for findings of facts or law with the an- 
 swers thereto, and the findings of the judge. 
 
 7. Exceptions taken to the report in the court below. 
 
 8. Opinion of the court on the exceptions, and the 
 decree made. 
 
 9. Assignments of error. 
 
 91 
 
SUPERIOR COURT RULES [Rule 19 
 
 Paper-Books 
 
 10. Brief of argument of appellant. 
 
 11. Appendix, containing pleadings in full, includ- 
 ing any other opinion of the court below filed in the 
 case, and such documentary and other evidence as may 
 be necessary (see Rule 35). 
 
 12. Copies of plans or drawings, whenever they 
 have been used in the court below and are necessary for 
 a correct or ready understanding of the case (see Rules 
 21 and 28) . 
 
 An appeal from an order overruling exceptions to an auditor's report 
 will be quashed where the arrangement of the several matters prescribed 
 by Rule 19 is not followed, where the exceptions are not printed totidem 
 verbis under a separate head, and where the only assignment of error 
 is that "the court erred in dismissing the exceptions filed to the report 
 of the auditor, to wit," followed by numerous exceptions raising both 
 questions of law and fact. Moore vs. Bischoff, 25 — 1. 
 
 An appeal from an order confirming an auditor's report will be 
 quashed where the appellant's paper-book does not contain a copy of the 
 auditor's report and the exceptions thereto, or set forth the decree upon 
 such exceptions. Fair's Estate, 34 — 263; Prudential Trust Company vs. 
 Hildehrand, 34—249; Price's Estate, 45 — 449. 
 
 On an appeal from a decree dismissing exceptions to the report of an 
 auditor in partition proceedings, the case will be non-prossed where the 
 paper-book fails to set forth the names of the parties and nature of the 
 proceedings, a short extract of the bill or petition, and the testimony on 
 which the auditor's findings were based, and the assignments of error do 
 not set forth the exceptions and the rulings thereon. O'Donnel vs. Clem- 
 ents, 23 — 447. 
 
 Where a decree of the orphans' court is sustained on appeal, and a 
 redistribution is made by the lower court in accordance with the order of 
 the appellate court, a party in interest cannot on exceptions to the distri- 
 bution, without presentation of any claim or offer of evidence, raise ques- 
 tions which were passed upon in the original adjudication, and as to which 
 no exceptions had been filed, or appeal taken. In such a case where an 
 appeal is taken from the order of redistribution, but the appellant fails to 
 print the evidence in the first appeal, and it also appears that the appellant 
 
 92 
 
Rule 20] SUPERIOR COURT RULES 
 
 Paper-Books 
 
 failed to present any claim in the readjudication proceedings, the appeal 
 will be quashed. Hoffman's Estate, 37 — 548. 
 
 Where an appeal from a decree of the orphans' court raises a ques- 
 tion involving the construction of a will, and the appellant fails to print 
 the will in his paper-book, the appeal will be quashed. Jenning's Est., 
 38—522. 
 
 JUDGE'S CERTIFICATE. 
 
 Where on an appeal from the orphans' court, the paper-book of ap- 
 pellant discloses the want of any bill of exceptions to bring up the evi- 
 dence, and also the want of a certificate by the judge as to the correctness 
 of the evidence taken before him, the appeal will be quashed. In such a 
 case a mere certificate by the court stenographer of the correctness of the 
 proceedings is not sufficient. O'Brien's Estate, 32 — 475. 
 
 RULE 20. In all cases where the appeal is from 
 proceedings in the Court of Quarter Sessions, and not 
 provided for in Rule 17, the paper-book shall contain: 
 
 1. An abstract or brief of all the petitions, motions, 
 orders, reports, exceptions, etc., which may be necessary 
 to give the court here a full view of the record at once; 
 and this in the precise order of their respective dates, 
 and with the date of each prefixed. 
 
 2. The exceptions which were overruled or sustain- 
 ed by the final order or judgment of the court. 
 
 3. The opinion of the court, if it were filed in writ- 
 ing. 
 
 4. Assignments of error. 
 
 5. The statement of the questions involved. 
 
 6. The argument. 
 
 7. Appendix, containing the record in full, and 
 copies of plans or drawings whenever they have been 
 
 93 
 
SUPERIOR COURT RULES [Rules 21-22 
 
 Paper-Books 
 
 used in the court below and are necessary for a correct 
 or ready understanding of the case (see Rules 21 and 
 28). 
 
 Where a criminal case has been continued for several terms, and five 
 months have elapsed between the first continuance and the time when it 
 is peremptorily ordered for argument, and when the case is called it ap- 
 pears that material testimony, without which none of the assignments of 
 error can be considered, has not been printed in the appellant's paper- 
 book, the court will quash the appeal. In such a case it is no excuse that 
 the delay, and the omission of the testimony, was owing to the conduct 
 of the stenographer, where the record does not show that the appellant 
 took any step to compel the stenographer to do his duty. Com. vs. Hasse, 
 21—291. 
 
 On an appeal the onus is on the appellant to make out his assignments 
 of error affirmatively, and he must furnish in the record and in his paper- 
 book all that is necessary for that purpose. If without fault of the ap- 
 pellee, evidence given on the trial, which is alleged to be essential to a cor- 
 rect determination of an assignment of error, is not brought up with the 
 record, the appellant has no right to object to a disposition of the assign- 
 ment upon facts recited by the judge in the ruling to which exception was 
 taken. Com. vs. Miller, 31—317. 
 
 An appeal to the Superior Court in an election contest will be dis- 
 missed where the record is not printed and there is nothing to show by 
 whom, or upon whose petition, or on what grounds the election was con- 
 tested. Hayes' Election, 33 — 310. 
 
 See RULE 21. When counsel do not agree as to the 
 
 Court"^ necessity for printing plans and drawings, the matter 
 Rule 24. shall be submitted to the trial judge, whose decision 
 shall be conclusive. 
 
 Supreme RULE 22. Where the judgment is on a case-stated 
 
 Ruk*32. in the nature of a special verdict, the facts as agreed on 
 
 by the parties, the opinion of the court, statement of the 
 
 questions involved, assignments of error, and argument 
 
 94 
 
Rule 23] SUPERIOR COURT RULES 
 
 Paper-Books 
 
 of counsel will be sufficient. Paper-books in cases not 
 provided for in these rules shall conform as nearly to 
 said rules as circumstances will admit. 
 
 RULE 23. The statement of the question involved cllT"^ 
 is designed to enable the Court to obtain an immediate K"'^ ^4. 
 view of the nature of the controversy. It must state 
 » the question or questions in the briefest and most general 
 terms, without names, dates, amounts or particulars of 
 any kind whatever. It should not ordinarily exceed 
 ten lines, and must not, under any circumstances, ex- 
 ceed half a page. This rule is to be regarded as in the 
 highest degree mandatory and admitting of no excep- 
 tion. 
 
 STATEMEIfT OF XHU QUESTION INVOLVED— NECESSITY OF. 
 
 The object of the statement of the question involved, is to give the 
 court, at a glance, a comprehensive view of the case, so that it may be able 
 to follow intelligently the oral arguments which are valuable only as they 
 present the points of law arising from the questions of fact which are fairly 
 raised by the entire record. Such a statement is insufficient if it merely 
 sets forth self evident propositions to which a negative answer would be 
 immediately given, and does not cover the question involved or the ap- 
 pellee's view of the case. Swisher vs. Sipps, 19 — 44. 
 
 Where an appellant fails to print in his paper-book a statement of the 
 question involved, the appeal will be non-prossed. The rule as to such 
 statement is in the highest degree mandatory, and admits of no exception. 
 Ripka vs. Fire Ins. Co., 36 — 517; Roustis Est., 33 — 652; Rabinowitz vs. 
 Kerrah, 31 — 334; see Oakland Boro. vs. Boyden, 22 — 278. 
 
 STATEMENT OF THE QUESTION INVOLTED— PROPER FORM OF. 
 
 An appellant's statement of the question involved as "Sufficiency of 
 the affidavit of defense," does not adequately carry out the plain intent of 
 the rule upon the subject. Devers vs. Sollenberger, 35 — 64. 
 
 A "statement of the question involved" covering about seventeen lines 
 of the paper-book does not violate the rule as to length. Ripka vs. Mutual 
 Fire Ins. Co., 36 — 517; but one occupying a printed, page of the paper- 
 book does. McMellen vs. Williamson, 32 — 263. 
 
 95 
 
SUPERIOR COURT RULES [Rules 24-25 
 
 Paper-Books 
 
 Questions raised by assignments of error ought to be referred to in 
 the appellant's statement of the questions involved. Henning vs. Keiper, 
 37—488. 
 
 To say that the question involved is "the correctness of answers to 
 certain of defendant's points, portions of the charge specially assigned as 
 error," is not a compliance with the rule. Jones vs. Matheis, 17 — 220; but 
 see Smith vs. L. V. R. R., 232 Pa. 456, at p. 462. 
 
 Supreme RULE 24. The history of the case must contain a 
 
 Ru"e*35 closely condensed statement of all the facts of which a 
 
 knowledge may be necessary in order to determine the 
 
 points in controversy here, but must not contain any 
 
 argument or any portion of the testimony. 
 
 Where an appeal has been taken from the action of the court below 
 in rendering judgment for the plaintiff for want of a sufficient affidavit of 
 defense, the deficiency in the affidavit cannot be supplied by the history 
 of the case or the argument of counsel. Johnston, Warner & Co. vs. 
 Mann et al, 9 — 251. 
 
 On an appeal from an action of the common pleas in granting or re- 
 fusing judgment for want of a sufficient affidavit of defense, nothing but 
 the declaration and affidavit of defense can be considered by appellate 
 court. It is therefore unnecessary to print a history of the case in the 
 paper-book. Hutton vs. McLaghlin, 1 — 642. 
 
 Supreme RULE 25. The brief of the argument must con- 
 2°VKa tain a clear statement of the points on which the party 
 relies, with such reasons and arguments as he may see 
 proper to add, together with all the authorities which 
 he thinks pertinent. Where the error assigned is to the 
 finding of fact by an auditor or master, the printed ar- 
 gument shall contain a synopsis of all the evidence bear- 
 ing upon such disputed question of fact with reference 
 to the page or pages of the appendix of the paper-book 
 where such evidence may be found in extenso. 
 
 96 
 
Rules 26-28] SUPERIOR COURT RULES 
 
 Paper-Books 
 
 RULE 26. When authorities are cited, the principle supreme 
 intended to be sustained by each case must be stated. RuTe*37. 
 Cases of the Supreme Court decided since the com- 
 mencement of the State Reports, and cases of this Court, 
 must be cited by the volume of the official reports. 
 Wherever decisions of said courts are cited from legal 
 periodicals, they must be accompanied by the certificate 
 of counsel, inserted at the end of the argument but not 
 in the body thereof, that said cases have not been re- 
 ported in the official reports. Whenever a statute is 
 cited, the reference shall be to the pamphlet laws and 
 also to a standard digest in which it may be found. 
 
 RULE 27. The paper-book of the appellee may, if supreme 
 he chooses, contain no more than his argument. But he Court 
 
 , . ' . , ^ , , Rule 38. 
 
 may at his option make a counter-statement of the ques- 
 tion ihvolved, and also, separately, a history of the case, 
 with the facts as he claims them to be. 
 
 RULE 28. When in the printed copy of the assign- supreme 
 ments of error or in the printed argument reference is ^°"g*39 
 made to the testimony, to the charge of the court, or to 
 other matter appearing upon the record, the pages must 
 be stated where the matter referred to is to be found in 
 the paper-book or appendix. Brief words shall be 
 printed at the top of each page of the paper-book, indi- 
 cating the character of the matter contained therein ; 
 and in the appendix the name of the witness or the char- 
 acter of the document shall so appear. The pages of 
 the paper-book shall be numbered in Arabic figures, 
 and not in Roman numerals, those in the appendix to be 
 
 97 
 
SUPERIOR COURT RULES [Rules 29-30 
 
 Paper-Books 
 
 followed by a small a, thus : 100 a. When possible, all 
 plans and drawings accompanying a paper-book shall 
 be reduced to the size of a folio of not more than three 
 pages. 
 
 |"P^t™^ RULE 29. In cases returnable to the first argument 
 Rule 40. period for the County of Philadelphia, the appellant 
 shall serve a copy of his paper-book on the opposite 
 party, or his attorney of record, at least ten days before 
 the first day of the week to which the case is assigned 
 for argument; the appellee shall serve a copy of his 
 paper-book on the opposite party, or his attorney, at 
 least five days before the argument. In cases 
 returnable to the December period for the County of 
 Philadelphia, appellant's paper-book shall be served 
 on or before the fifteenth day preceding the first day of 
 the said period, and the appellee's paper-book shall be 
 served within ten days thereafter. 
 
 Supreme RULE 30. In all cases, except those originating in 
 Rule 41. the County of Philadelphia, the appellant shall serve a 
 copy of his paper-book on the opposite party, or his at- 
 torney, at least twelve days before the day appointed for 
 hearing the cases from the county where the cause was 
 tried; and the appellee shall serve a copy of his paper- 
 book on the opposite party, or his attorney, at least five 
 days before the time appointed for hearing as aforesaid. 
 But if the appeal shall have been taken thirty days or 
 more before the day assigned for the hearing as afore- 
 said, the paper-book of the appellant shall be served at 
 least twenty days, and that of the opposite party at least 
 
 98 
 
Rules 31-32] SUPERIOR COURT RULES 
 
 Paper-Books 
 
 five days, before the days assigned for the hearing of 
 said causes. 
 
 RULE 31. When a cause is called for argument, Supreme 
 each party shall furnish one copy of his paper-book to ^l 42. 
 each of the Judges, and eleven to the Prothonotary, 
 one for his office, two for the reporter, one for The Law 
 Association of Philadelphia, one for the Allegheny 
 County Law Library, one for the State Library, one for 
 the Legal Intelligencer, one for Advance Notes, one 
 for the Hirst Free Law Library, and two for the court 
 crier. 
 
 RULE 32. When the appellant is in default accord- Supreme 
 ing to these rules, he may be non-suited on motion ; and Ru"e 43. 
 when the appellee is in default, he will not be heard 
 except by special indulgence of the Court. 
 
 PENAIiTT UNDER ACT OF MAY 19, 1897. 
 
 •Where an appeal is non-prossed and it is made to appear to the court 
 that no action was taken by the appellant after the appeal was taken out, 
 and that no paper-book was served upon the appellee, the court will impose 
 the penalty provided by the Act of May 19, 1897, P. L. 67. Wilcox vs. 
 Merrill, 26 — 59; Dietrich vs. Loughran, 29 — 320. 
 
 The penalty under the Act of May 19, 1897, P. L. 67, will be imposed 
 where the appellant has not duly prosecuted his appeal, and his conduct 
 sustains the belief that he acted throughout in bad faith. Ehert vs. Kauf- 
 mann, 34 — 487. See also Radigan's Estate, 13 — 131. 
 
 The penalty for taking an appeal for delay will be allowed where 
 the uncontradicted petition of the appellee avers that the suit was non- 
 prossed for want of service of paper-books, that no paper-books have been 
 filed or served, that no notification had been given to appellee or his coun- 
 sel of any intention to abandon the appeal, and that the appeal had been 
 taken, in the appellee's belief, solely for the purpose of delay. Twibill's 
 Estate, 29—319. 
 
 Where the administrator is himself an attorney, and the petition is 
 not presented until about two years after the confirmation of the auditor's 
 
 99 
 
SUPERIOR COURT RULES Rules 33-34] 
 Paper-Books 
 
 Supreme 
 Court 
 Rule 44. 
 
 Supreme 
 Court 
 Rule 45. 
 
 report, and the dcUiy is clue to his remissness, and it is manifest that the 
 appeal was sued out nu:i-cly for dcl.-iy, the Superior Court will award ihc 
 appellee, an attorney fee of $;irj.00 and damages at the rate of six per eeiU. 
 per annum in addition to the lawful interest. Estate of 'I'Iuhims h'lnliijun, 
 13—131. 
 
 Where a defendant takes an appeal and does not duly pniseciile it, 
 and it is made to appear to the appellate court that the attorney for the 
 appellant had said to the attorney for the appellee, "perhaps we will not 
 win in the Superior Court, but we will keep you waiting that much longer 
 for your money," the penalty provided for by the Act of May 1!), 1897, 
 will be imposed. Brannan vs. Bond, 18— .''i:).';. 
 
 An application for the imposition of a penalty for taking an appeal for 
 delay should be taken before the expiration of ten days frnin the I'lnal de- 
 cision of the cause by the appellate court. When it is delayed until after 
 that period has expired, and the record has Ijeen duly relurncil to the 
 court below, and it is not before the appellate court for insiiection, and the 
 debt, interest and costs as taxed have been paid, it is (|uestionablc whether 
 it does not come too late. The penalty will only be imposed where the 
 circumstances are exceptional and the propriety of the application is free 
 from doubt. The Thirteenth Ward Building and Loan Association vs. 
 Coyle, 19—238. 
 
 See further as to entry of nan pros., Rule !i. 
 
 RULE 33. When paper-books are furnished which 
 differ in any material respect from those here pre- 
 scribed, the parties furnishing them shall be considered 
 in the same default as if none had been furnished, and 
 on a proper occasion the Court will, of its own motion, 
 non-suit or silence the defaulting party, or suppress the 
 paper-book, 
 
 RULE 34. Paper-books shall be furnished on un- 
 glazed book paper 9 in. x 6 in. in size, and printed from 
 small pica or long primer type, with a margin of not less 
 than one inch. The cover must be sufficiently light in 
 color and firm in texture to permit writing in ink there- 
 on to be easily read; it must show the number and term 
 
 100 
 
Rules 35-36] SUPERIOR COURT RULES 
 
 Applications for Special Supersedeas or Interlocutory Orders 
 
 of the case in this Court, the names of the parties in the 
 same order as they appear on the docket of the court be- 
 low, with the addition of the word "appellant" after 
 the name of the party taking the appeal, and the court 
 from which the appeal is taken. Appeals in the Or- 
 phans' Court shall be entitled "Estate of , 
 
 Appeal of " 
 
 A paper-book containing more than one hundred pages of testimony 
 in a narrative form, printed in type so small as to unduly increase the la- 
 bor of the appellate court, is subject to grave criticism. Herrington's Es- 
 tate. 17—530. 
 
 RULE 35. All paper-books shall contain a full and Supreme 
 complete index, including an index of the appendix, Rule 46. 
 which shall be on the inside of the front cover of the 
 book, or on the following pages thereof. The index of 
 the appendix shall contain a full and complete refer- 
 ence to its contents, including exhibits and the names of 
 witnesses and where the testimony is printed, indicat- 
 ing in each instance where the examination, cross-ex- 
 amination, and re-examination begin. If a paper-book 
 contain more than one hundred pages, the appendix 
 shall be printed in a separate book with a proper index 
 thereto. 
 
 Where a paper-book for an appellant does not contain an index with 
 the evidence as provided by Rule 35, the appeal will be quashed. Thomp- 
 son vs. Petriello, 33 — 651. 
 
 APPLICATIONS FOR SPECIAL SUPERSE- 
 DEAS OR INTERLOCUTORY ORDERS 
 
 RULE 36. Petitions for the allowance of special 
 supersedeas or other interlocutory order will not be en- 
 
 101 
 
SUPERIOR COURT RULES [Rules 37-39 
 
 Arguments and Argument Lists. 
 
 tertained until after an appeal has been actually taken. 
 They must set forth the questions involved and the judg- 
 ment of the court. In criminal cases, they must set 
 forth specifically and clearly the rulings complained of 
 and the amount of bail which the defendant was under 
 in the court below, and be accompanied by a copy of the 
 indictment. 
 
 Supreme RULE 37. In all applications for an order of super- 
 Ruk 47. sedeas under the Act of May 19, 1897, P. L. 67, or for 
 any interlocutory order, the applicant shall give notice 
 to counsel on the other side when and where the appli- 
 cation is to be made, unless the exigency of the case be 
 such as to impel the Court or Judge before whom the 
 application is made to dispense with such notice. 
 
 ARGUMENTS AND ARGUMENT LISTS 
 
 Supreme RULE 38. All cases shall be placed upon the argu- 
 Ruie*48. ment list for the proper county next succeeding their en- 
 try unless otherwise specially ordered by the Court; 
 provided, that no case shall be placed on the argument 
 list where the appeal shall not have been taken twenty 
 days before the return day. As to criminal cases, see 
 Rule 7. 
 
 Supreme RULE 39. Cases will be called for argument in the 
 
 RuTe*49 order in which they stand on the printed argument list. 
 
 If neither party be present or ready to proceed with the 
 
 argument the case shall be non-prossed, unless reason to 
 
 the contrary be shown to the satisfaction of the Court. 
 
 102 
 
Rules 40-42] SUPERIOR COURT RULES 
 
 Arguments and Argument Lists. 
 
 RULE 40. Sixty causes shall be assigned to each Supreme 
 week, and a list thereof shall be made up and published Rule 51. 
 by the Prothonotary on the Saturday preceding; said 
 causes shall be set down in the order of their term and 
 number, and shall be numbered on said list consecu- 
 tively. The first twelve cases on said weekly list shall 
 be assigned for argument on Monday, and for each suc- 
 ceeding day of the week, except Saturday, the first 
 twelve cases theretofore undisposed of on said list shall 
 be assigned for argument. No cause on said list shall 
 be continued when reached, except by leave of the Court 
 upon cause shown. Engagement of counsel in the low- 
 er courts will not be recognized as a reason for the con- 
 tinuance or postponement of a cause, except when they 
 are actually engaged in a trial which has been com- 
 menced in a previous week and is unfinished. 
 
 RULE 41. When it is desired, for any reason what- Supreme 
 ever, that a case be passed at its regular turn on the list, Ru"e*52. 
 the Prothonotary must be notified before the case is put 
 on the daily list. Engagement of counsel in other 
 courts, or agreement of parties, is no ground of excep- 
 tion to this requirement. The rule is for the conduct 
 of the Court's business, and is not subject to variation 
 by counsel for any cause. 
 
 RULE 42. The list shall be made up each day at supreme 
 three o'clock for the following day, and cases on that Ruig^gs 
 list must be argued or non-prossed when called. 
 
 103 
 
SUPERIOR COURT RULES [Rules 43-44 
 
 Arguments and Argument Lists 
 
 RULE 43. In the argument of cases counsel for the 
 appellant shall have the right to begin and conclude, 
 but in concluding shall be confined to answering the ar- 
 guments of appellee's counsel. In the exceptional cases 
 where two counsel desire to be heard for the appellee, 
 the counsel speaking second shall confine his argument 
 to questions not discussed by his associate. 
 
 RULE 44. In all cases where these rules do not ap- 
 ply the practice of this Court shall be regulated by the 
 then present practice of the Supreme Court of Pennsyl- 
 vania, so far as the same may be applied. 
 
 104 
 
CERTIFICATE 
 
 State of Pennsylvania, 
 County of Philadelphia : 
 
 I, ALFRED B. ALLEN, Deputy Prothonotary 
 of the Superior Court of Pennsylvania, do hereby certify that 
 the above and foregoing is a true copy of the Rules of the 
 Superior Court, as adopted and promulgated October 3, 1911, 
 as to be in force from and after the first Monday of November, 
 1911, and as amended November 21, 1911. 
 
 In Testimony Whereof I have here- 
 un^to set my hand and affixed the seal 
 of said Court at Philadelphia this 23rd 
 day of January, A. D. 1912, 
 
 ALFRED B. ALLEN, 
 
 Deputy Prothonolary 
 
 105 
 
INDEX 
 
 to 
 
 Rules of the Superior Court 
 
 ABSTRACT OF PROCEEDINGS— RULE 
 
 Statement in paper-book 17-20 
 
 ADMISSIONS— 
 
 Of Attorneys 2-5 
 
 ADVANCE NOTES— 
 
 Paper-books for 31 
 
 ADVERTISEMENTS— See Publication. 
 
 Of Attorneys for Admission 2 
 
 ALLEGHENY COUNTY LAW LIBRARY— 
 
 Paper-books for 31 
 
 APPEARANCE— 
 
 Rule to appear and plead 10 
 
 APPELLANT— 
 
 Paper-books 17-26 
 
 APPELLEE^ 
 
 Paper-books 27 
 
 APPENDIX— 
 
 Paper-books 17, 18, 19, 20, 35 
 
 In paper-book on appeal from Quarter Sessions. ... 20 
 Appendix to be separate book when paper-book con- 
 tains over 100 pages 35 
 
 Reference to, in argument 25 
 
 107 
 
108 INDEX TO SUPERIOR COURT RULES 
 
 APPLICATIONS FOR SPECIAL SUPERSEDEAS OR 
 INTERLOCUTORY ORDERS— 
 
 See Supersedeas, Interlocutory Orders. 
 
 ARGUMENTS— 
 
 See Argument Lists, Paper-books. RULE 
 
 Brief of, in paper-books 25, 28 
 
 Brief of, where to be printed in paper-books, 
 
 17, 18, 19, 20, 22 
 
 Criminal cases 7, 20 
 
 Cases and statutes, how to cite 26 
 
 How cases called for argument 39 
 
 Continuance only by leave of court 40 
 
 Engagement of counsel in lower courts not cause for 
 
 continuance 40, 41 
 
 Prothonotary to be notified when it is desired that 
 
 a case be passed at its turn 41 
 
 Right of counsel to begin and conclude 43 
 
 Where several counsel desire to argue 43 
 
 ARGUMENT LISTS— 
 
 Rules 38-44 
 
 Order of 38 
 
 Criminal cases 7 
 
 Entry of non-pros for failure of party to be ready 
 
 at argument 39 
 
 Publication of lists by prothonotary 40 
 
 Order of assignment for argument 40 
 
 No case to be continued except by leave of Court. . 40-41 
 Engagement of counsel, when cause for continuance 40, 41 
 Notice to prothonotary when it is desired that a 
 
 case be passed at its regular turn 41 
 
 To be made up daily 42 
 
 Regulation of arguments 43 
 
 Counsel for appellant, right to begin and conclude. 43 
 
 ARGUMENT WEEKS— 
 
 Arrangement of i 
 
 ARRANGEMENT OF DISTRICTS— 
 
 What counties in each i 
 
INDEX TO SUPERIOR COURT RULES 109 
 
 ASSIGNMENTS OF ERROR— RULE 
 
 Rules 14-16 
 
 How and when filed 8 
 
 Non-pros upon default 8 
 
 Statement of, in paper-book 17, 18, 19 
 
 Each assignment to be confined to one point or to 
 
 one bill of exceptions 14 
 
 Waiver of all errors assigned in violation of rule.. 14 
 Assignments not made according to rule to be dis- 
 regarded 16 
 
 Statement in paper-book on appeal from Quarter 
 
 Sessions 20 
 
 To charge of the court or answers to points 15 
 
 To the admission, rejection or striking out of evi- 
 dence 16 
 
 Questions and offers and rulings of court must be 
 quoted with reference to pages of paper-book 
 
 or appendix 16 
 
 Writing admitted or rejected must be printed in 
 
 paper-book 16 
 
 ATTORNEYS— 
 
 Requisites for admission 2-5 
 
 Admission upon certificate of Supreme Court 3 
 
 Admission on certificate of State Board of Law 
 
 Examiners 3 
 
 Admission of attorneys of other states 5 
 
 Practitioner of common pleas for two years not re- 
 quired to advertise or pay examiners' fees .... 2 
 
 Agreement of, to be in writing 6 
 
 Engagement, when case called for argument, when 
 
 cause for continuance 40, 41 
 
 Counsel for appellant, right to begin and' conclude. . 43 
 
 Where several counsel desire to argue 43 
 
 Certificate in brief of argument as to cases not offi- 
 cially reported 26 
 
 To give notice of application for supersedeas or any 
 
 interlocutory order 37 
 
 AUDITOR'S report- 
 To be printed in paper-book 19 
 
110 INDEX TO SUPERIOR COURT RULES 
 
 AUTHORITIES— RULE 
 
 How to cite 26 
 
 BOARD OF LAW EXAMINERS— 
 
 See State Board of Law Examiners. 
 
 BRIEF OF ARGUMENT— 
 
 In paper-book 25, 28 
 
 Where to print brief in paper-book 17, 18, 19, 20, 22 
 
 cases- 
 How to cite 26 
 
 CASE STATED— 
 
 Contents of paper-book 22 
 
 CERTIFICATE OF COUNSEL— 
 
 Citations of cases not officially reported 26 
 
 CERTIORARI— 
 
 Rule to appear and plead 10 
 
 CHARGE OF THE COURT— 
 
 Assignments of error. Parts referred to must be 
 
 quoted ipsissimis verbis 15 
 
 Statement of, in paper-book 17, 18 
 
 CITATION OF authorities- 
 How to cite 26 
 
 CONTINUANCE— 
 
 Leave of court required 40, 4^ 
 
 Engagement of counsel 40, 41 
 
 Counsel to notify prothonotary before daily list is 
 
 made up when case is not to be argued in turn 41 
 
 COURT CRIER— 
 
 Two paper-books for 31 
 
 COVER OF PAPER-BOOKS— 
 
 See Paper-books. 
 
 CRIMINAL CASES— 
 
 Terms and return days 7 
 
 Paper-books, service of 7 
 
 Paper-books, contents of, on appeal 20 
 
 Prothonotary to certify record when court is in ses- 
 
INDEX TO SUPERIOR COURT RULES 111 
 
 CRIMINAL CASES {Continued)— RULE 
 
 sion elsewhere 7 
 
 To be placed at the head of the list 7 
 
 Supersedeas, application for 36 
 
 DAILY LISTS^ 
 
 How made up 42 
 
 Case to be argued or non-prossed 42 
 
 If case is to be passed, prothonotary must be noti- 
 fied before list is made up 41 
 
 DIGESTS— 
 
 Statutes cited. Reference to standard digest 26 
 
 DISTRICTS— 
 
 Arrangement of i 
 
 DOCKET ENTRIES— 
 
 Copy of, in paper-book 17' 18, 19 
 
 DRAWINGS AND PLANS— 
 
 See Plans and Drawings. 
 
 EQUITY PROCEEDINGS— 
 
 Paper-books 19 
 
 ERRORS AND APPEALS^ 
 
 Rules 8-13 
 
 EVIDENCE^ 
 
 See Paper-books. 
 
 EXCEPTIONS— 
 
 To the findings of the court, to be printed in paper- 
 book 18, 19 
 
 On appeal from Quarter Sessions 20 
 
 EX-PARTE PROCEEDINGS— 
 
 Upon default of appearance 10 
 
 FINDINGS OF FACT OR LAW— 
 
 Statement of findings and requests for findings in 
 
 paper-books 18, 19 
 
 HIRST FREE LAW LIBRARY— 
 
 Paper-books upon argument 31 
 
112 INDEX TO SUPERIOR COURT RULES 
 
 HISTORY OF THE CASE— RULE 
 
 Statement in paper-book 17, 18, 19, 24 
 
 Must not contain argument 24 
 
 Nor any portions of testimony 24 
 
 Counter-statement 27 
 
 INDEX— 
 
 See Paper-books. 
 
 INTERLOCUTORY ORDERS— 
 
 Applications for 36, 37 
 
 JUDGMENTS— 
 
 See Non-pros, Re-Argument. 
 
 Entry and transmission of 13 
 
 Non-pros for failure to return record or file assign- 
 ments of error 8, 9 
 
 t Statement of, in paper-book 17, 18 
 
 Default in paper-books 32, 33 
 
 When cause is remanded prothonotary to certify 
 and send back copy of opinion with order or 
 decree • n 
 
 LAW ASSOCIATION OF PHILADELPHIA— 
 
 Paper-books upon argument 31 
 
 LAW EXAMINERS— 
 
 See State Board of Law Examiners. 
 
 LEGAL INTELLIGENCER— 
 
 Paper-books upon argument 31 
 
 LEGAL PERIODICALS— 
 
 Citations from require certificate of counsel 26 
 
 MASTER'S REPORT— 
 
 Copy to be printed in paper-books 19 
 
 MINUTE BOOK— 
 
 Prothonotary to keep where court in session 13 
 
 Entries to be transmitted to office where appeal tak- 
 en 13 
 
 NAMES OF PARTIES— 
 
 See Parties. 
 
INDEX TO SUPERIOR COURT RULES 113 
 
 • 
 NON-PROS— RULE 
 
 For failure to file assignment of error 8 
 
 For failure to return record on return day 9 
 
 Duty of prothonotary to enter 9 
 
 For failure of parties to be ready at argument .... 39 
 NON-SUIT— 
 
 For default in paper-books 32, 33 
 
 NOTICES— 
 
 Of attorneys to be in writing 6 
 
 Rule to appear and plead 10 
 
 Applications for supersedeas or any interlocutory 
 
 order 37 
 
 Notice to prothonotary when it is desired that a 
 
 case be passed at its regular turn 41 
 
 OFFICIAL reports- 
 How to cite 26 
 
 OPINION OF COURT— 
 
 When cause returned for further proceedings, cer- 
 tified copy to be sent back with judgment .... 11 
 
 Motion for re-argument to be accompanied with 
 
 copy of opinion 12 
 
 Copy in paper-books 19 
 
 Copy of, in paper-book on appeal from Quarter 
 
 Sessions 20 
 
 ORDER— 
 
 See judgments. 
 
 ORPHANS' COURT— 
 
 Appeals from, paper-books 19 
 
 PAPER-BOOKS— 
 
 Rules 17-35 
 
 Where appeal is from a judgment on a verdict. ... 17 
 Where appeal is from a final judgment at law in the 
 common pleas, not founded upon a verdict or 
 
 on a case stated 18 
 
 Where appeal is from a proceeding in equity or 
 
 proceeding in the nature thereof 19 
 
 Appeals from Orphans' Court 19 
 
114 INDEX TO SUPERIOR COURT RULES 
 
 • 
 PAPKR BOOKS (Continued) — RULE 
 
 Where appeal is from proceedings in Quarter Ses- 
 sions and not provided for in Rule 17 20, 7 
 
 Where appeal is from judgment on case stated .... 22 
 In cases not otherwise provided for to conform to 
 
 rules as nearly as circumstances will permit. . 22 
 
 Of appellees, contents of 27 
 
 Shape, size, paper, type, index, cover of 34. 35 
 
 Table of contents and index 35 
 
 Brief of argument 25 
 
 Authorities, how to cite 26 
 
 Citations from legal periodicals require certificate 
 
 of counsel 26 
 
 Statutes, how to cite 26 
 
 History of the case ' 24 
 
 Questions involved. How to state 23 
 
 Counter-statement of questions involved and history 
 
 of the case 27 
 
 Plans and drawings to be reduced in size 28 
 
 In case of disagreement as to printing plans and 
 
 drawing, decision of trial judge to be conclusive 21 
 Copy of writing referred to in assignment for ad- 
 mission or rejection, to be printed in full 16 
 
 Reference to testimony, charge of court, or other 
 matter of record, must state pages of paper- 
 book or appendix 28 
 
 References to pages in assignments of error 16 
 
 Pages to be numbered in Arabic figures and not in 
 
 Roman numerals 28 
 
 Contents of each page to be indicated by brief words 
 
 printed at the top of each page 28 
 
 Pages in appendix to be followed by a small "a". . 28 
 Contents of each page of appendix to be indicated 
 
 by brief words printed at the top of each page 28 
 Appendix of more than one hundred pages to be 
 
 printed in separate book 35 
 
 Service of, in Philadelphia 29 
 
 Service in criminal cases 7 
 
INDEX TO SUPERIOR COURT RULES 115 
 
 -PAPER BOOKS (Continued)— RULE 
 
 Service outside of Philadelphia 30 
 
 Copies to be furnished to the Judges, Prothonotary, 
 
 the Law Association and for Reporters 31 
 
 Upon default, according to rules, appellant may be 
 
 non-suited ■ ■ ■ . 32 
 
 Penalty for default in preparing or serving 33 
 
 PARTIES— 
 
 Statement of, in paper-book 17, 18, 19 
 
 Statement of, on cover 34 
 
 POINTS AND ANSWERS— 
 
 Reference in assignments of error 15 
 
 PLANS AND DRAWINGS— 
 
 Copies in paper-books 17, 18, 19, 20, 21, 28 
 
 In case of disagreement as to printing, decision of 
 
 trial judge to be conclusive 21 
 
 Copies in paper-book on appeal from Quarter Ses- 
 sions 20, 21 
 
 To be in reduced size 28 
 
 PLEADING— . 
 
 Rule to appear and plead 10 
 
 PRACTICE— 
 
 Where rules do not apply, to conform to practice 
 
 of Supreme Court 44 
 
 PRINTING— 
 
 See Plans and Drawings — 
 
 Paper-books 28, 34 
 
 Referee's Report 19 
 
 PROTHONOTARY— 
 
 To certify record in criminal cases when court is 
 
 in session elsewhere 7 
 
 To enter non-pros for failure to return record on 
 
 return day 9 
 
 To endorse rule to appear and plead 10 
 
 To certify copy of opinion when cause returned for 
 
 further proceedings 11 
 
116 INDEX TO SUPERIOR COURT RULES 
 
 I^ROTHONOTARY—CConitnurd)— RULE 
 
 To keep minute book and enter and transmit judg- 
 ments 13 
 
 To make up and publish argument lists 38-42 
 
 To be given notice before daily list is made up when 
 it is desired that case on the argument list shall 
 be passed 41 
 
 PUBLICATION— See Advertisements. 
 
 Of argument list 40 
 
 QUARTER SESSIONS— 
 
 Return days for appeals 7 
 
 Certification, when court not in session 7 
 
 Cases to be placed at head of list 7 
 
 Service of paper-books on District Attorney 7 
 
 Appeals from. Contents of paper-book 20 
 
 QUESTIONS INVOLVED— 
 
 Statement of, in paper-book 17-20, 23 
 
 Counter-statement 27 
 
 RE-ARGUMENT— 
 
 Motions for, to be filed with the prothonotary and 
 
 to be accompanied with a copy of the opinion. 12 
 Record not to be retained beyond ten days 12 
 
 RECORDS— 
 
 Upon motion for re-argument, record not to be re- 
 tained beyond ten days 12 
 
 Non-pros for failure to return record on return day 9 
 
 reports- 
 How to cite 26 
 
 REPORTS OF AUDITOR, REFEREE OR MASTER— 
 
 Copy in paper-books 19 
 
 RETURN DAYS— 
 
 See Terms and Return Days. 
 
 Criminal cases 7 
 
 RULES OF COURT— 
 
 ; Practice of Supreme Court, when to apply 44 
 
INDEX TO SUPERIOR COURT RULES 117 
 
 RULE TO APPEAR AND PLEAD— RULE 
 
 Prothonotary to endorse on appeal or writ of error lo 
 
 SERVICE— 
 
 In criminal cases 7 
 
 Paper-books in Philadelphia 29 
 
 In other counties 30 
 
 SPECIFICATIONS OF ERRORS— 
 
 See Assignments of Error. 
 
 STATE BOARD OF LAW EXAMINERS— 
 
 Admission of attorneys 2, 4 
 
 STATE LIBRARY— 
 
 Paper-books on argument 31 
 
 STATE REPORTER— 
 
 Paper-books on argument 31 
 
 STATEMENT OF QUESTIONS INVOLVED— 
 
 See Questions Involved. 
 
 STATUTES— 
 
 When cited, reference to be made to both pamphlet 
 
 laws and to standard digest 26 
 
 SUPREME COURT— 
 
 Practice of, when to be applied 44 
 
 SUPERSEDEAS— 
 
 Petitions for 36, 37 
 
 TERMS AND RETURN DAYS— 
 
 At which appeals are returnable for the different 
 
 counties i 
 
 Criminal cases 7 
 
 VERDICT— 
 
 Statement of, in paper-book 17 
 
 WEEKLY LISTS— 
 
 Prothonotary to make and publish 40 
 
 WRITINGS— 
 
 Copy referred to in assignment of error to be print- 
 ed in full 16 
 
Rules of Equity Practice 
 
 in the 
 
 Courts of Pennsylvania 
 
 As adopted by the Supreme Court May 27, 1865, revised and 
 
 amended by the orders of January 15, 1894, October 5, 
 
 1900, and July 6, 1911. 
 
 RULES IN EQUITY 
 
 GENERAL. PROVISIONS 
 
 RULE 1. The equity side of the courts shall be 
 deemed always open for the purpose of filing bills, 
 answers and other pleadings, for issuing and returning 
 mesne and final process and commissions, and for mak- 
 ing and directing all interlocutory motions, orders, 
 rules and other proceedings, preparatory to the hearing 
 of causes upon their merits. 
 
 RULE 2. The prothonotary's office shall be open, 
 and the prothonotary shall be in attendance therein 
 daily, during office hours, for the purpose of receiving, 
 entering, entertaining and disposing of all motions, 
 rules, orders and other proceedings, which are grant- 
 able of course, and applied for or had by the parties 
 
 119 
 
RULES OF EQUITY PRACTICE [Rules 3-4 
 
 Process and Appearance 
 
 or their solicitors, in all causes pending in equity, in 
 pursuance of the rules hereby prescribed. 
 
 PROCESS AND APPEARANCE 
 
 RULE 3. No suit shall be deemed pending until 
 the bill be actually filed in the prothonotary's office. 
 Every bill shall be printed, except in the cases spe- 
 cially provided for in these rules; and the prothonotary 
 shall endorse thereon the time of filing the same. 
 
 RULE 4. Unless otherwise provided by law, the 
 defendant or defendants shall be required in the first 
 instance, to appear and answer the exigency of the bill, 
 by the service upon each defendant therein named, of 
 a printed copy thereof, on which shall be endorsed a 
 notice in the following form: "To (here the name of 
 the defendant, upon whom service is to be made, must 
 be inserted). You are hereby notified and required, 
 within fifteen days after service hereof on you, to cause 
 an appearance to be entered for you in the court (here 
 insert the proper court) , to the within bill of complaint 
 of the within-named (here insert the name of com- 
 plainant) , and to observe what the said court shall di- 
 rect. You are also notified that if you fail to comply 
 with the above directions by not entering an appear- 
 ance in the prothonotary's office within fifteen days you 
 will be liable to have the bill taken pro confesso, and 
 a decree made against you in your absence. Witness 
 my hand at (here insert the place where the court is 
 
 120 
 
Rules 5-8] RULES OF EQUITY PRACTICE 
 
 Process and Appearance 
 
 held, the date of notice, and name and place of busi- 
 ness of plaintiff's solicitor)." 
 
 RULE 5. The plaintiff shall be at liberty to in- 
 clude in the rule to appear a further requirement to an- 
 swer within thirty days, and in such case the notice 
 shall contain the words "and to file your answer within 
 thirty days," after the words "cause an appearance to 
 be entered for you in the court," and again the same 
 words in the notice that failure to comply will render 
 defendant liable to judgment pro confesso. 
 
 RULE 6. If the defendant cannot prepare his 
 answer within thirty days the court may on motion, 
 with notice to the other party, enlarge the time. 
 
 RULE 7. Guardians ad litem to defend a suit may 
 be appointed by the court, or by any judge thereof, on 
 petition, for infants or other persons, who are under 
 guardianship, or otherwise incapable to sue for them- 
 selves; all infants and other persons so incapable may 
 sue by their guardians, if any, or by their prochein ami, 
 subject, however, to such orders as the court may direct, 
 as to security or otherwise, for the protection of such 
 infants and other persons. 
 
 RULE 8. Service upon a defendant shall be by 
 giving him a printed copy of the bill, with a notice en- 
 dorsed thereon in the form prescribed in these rules, or 
 by leaving such copy and notice at his dwelling house, 
 with an adult member of his family or the family in 
 which he resides. The court, or a law judge thereof, 
 may direct how service shall be made in special cases. 
 
 121 
 
RULES OF EQUITY PRACTICE [Rules 8-12 
 
 Process and Appearance 
 
 RULE 9. In cases where husband and wife are 
 defendants, service of a copy of the bill and notice to 
 appear shall be made on each of them. Service on 
 non-resident defendants shall be made in the mode 
 prescribed by the acts of assembly relating thereto. 
 
 RULE 10. Service of the bill and notice to appear 
 and answer on a corporation, shall be effected in the 
 mode prescribed by law for the service of a writ of 
 summons upon such corporation. Where the com- 
 monwealth is a necessary party, service shall be made 
 in the manner prescribed by the act of 6th April, 1844. 
 
 RULE 11. Whenever the court shall make an or- 
 der under the provisions of the act of 6th April, 1859, 
 for a service upon a non-resident defendant, without 
 the commonwealth, such service shall be by delivery 
 to him of a copy of the bill, such as is provided for in 
 these rules, together with a copy of the order author- 
 izing such service; and in such case the form of sub- 
 poena shall be similar in substance to the notice to ap- 
 pear prescribed by these rules, but so varied as to re- 
 quire the defendant to cause an appearance to be enter- 
 ed for him, on or before the time fixed in such special 
 order. 
 
 RULE 12. Whenever the court shall direct service 
 by publication, under the provisions of the act of 6th 
 April, 1859, a copy of such order, together with a state- 
 ment of the substance and object of the bill, petition, 
 or other proceeding, shall be published in such one or 
 more newspapers, and at such times as the court shall 
 
 122 
 
Rules 13-14] RULES OF EQUITY PRACTICE 
 
 Pleadings Generally 
 
 by special order direct, having regard to the probable 
 residence of the defendant, and affidavit filed stating 
 all the knowledge or information of the complainant 
 or deponent, in reference to such defendant's place of 
 residence. 
 
 RULE 13. Upon filing the bill the prothonotary 
 shall enter the suit upon his docket as pending in the 
 court, and shall state the time of entry; and upon the 
 filing of an affidavit of the due service of notice to ap- 
 pear and answer upon the defendant or defendants, 
 shall enter the same upon the docket. The appearance 
 of the defendant, either personally or by solicitor, shall 
 be by a paper filed and endorsed by the prothonotary, 
 with the time of filing the same, and shall be noted on 
 the margin of the equity docket. If the defendant shall 
 not cause an appearance to be entered for him and an 
 answer filed within the time limited for that purpose, 
 the plaintiff may, at his election, enter an order as of 
 course in the cause, that the bill be taken pro confesso, 
 or proceed by attachment as is hereafter provided by 
 Rule 29. 
 
 PLEADINGS GENERALLY 
 
 RULE 14. All bills, and subsequent pleadings, in- 
 cluding amendments, where such amendments exceed 
 one hundred consecutive words, shall be printed on 
 white sized paper of a convenient size. Amendments 
 shall be printed on one side only of the paper. Each 
 party appearing by separate counsel shall be entitled 
 to ten copies of all such pleadings. The amount paid 
 
 123 
 
RULES OF EQUITY PRACTICE [Rule 15 
 
 Structure of Bill 
 
 for printing shall be allowed as costs of the cause. This 
 rule shall not apply where counsel shall certify that 
 his client, by reason of poverty, is unable to pay for 
 the same. In which case, instead of ten printed copies, 
 each party shall be entitled to one fairly written copy 
 of all pleadings, and in such case any other party may 
 print such papers, and be allowed for the expense at 
 the termination of the cause, or when the court shall 
 see fit to order the payment by the other party. The 
 prothonotary shall not permit any such unprinted 
 pleadings to be filed, saving with such a certificate, and 
 saving also bills for injunction where counsel shall 
 certify that there has not been time to print the same. 
 And such injunction bills shall be withdrawn and 
 deemed finally dismissed as of course, unless within 
 twenty days after filing the same, printed copies are 
 filed and served. 
 
 STRUCTURE OF BILL 
 
 RULE 15. Every bill shall be expressed in as brief 
 and succinct terms as it reasonably can be, and shall 
 contain no unnecessary recitals of deeds, documents, 
 contracts, or other instruments, in haec verba, or any 
 other impertinent matter, or any scandalous matter not 
 relevant to the suit. If it do, it may be heard by any 
 law judge of the court on exceptions for impertinence 
 or scandal, and if so found by him, the matter shall be 
 expunged at the expense of the plaintiff, and he shall 
 pay to the defendant all his costs in the suit up to that 
 time, unless the court or a law judge thereof shall oth- 
 
 124 
 
Rules 16-18] RULES OF EQUITY PRACTICE 
 
 Parties 
 
 erwise order. If the judge shall find that the bill is 
 not scandalous or impertinent, the plaintiff shall be en- 
 titled to such allowance for trouble and delay as the 
 court may decree equitable, to be taxed as part of the 
 costs in the case. 
 
 RULE 16. Every bill, in the introductory part 
 thereof, shall contain the names of all the parties, 
 plaintiffs, and defendants, by and against whom the 
 bill is brought. The form in substance shall be as fol- 
 lows: In the (style of court) Sitting in equity. Be- 
 tween A B, plaintiff, and C D, defendant. To the 
 Honorable the Judges of the said court your orator 
 complains and says, &c. 
 
 RULE 17. The bill shall be divided into para- 
 graphs consecutively numbered, and shall contain a 
 succinct statement of the facts upon which the plaintiff 
 asks relief, and, at his option, the facts which are in- 
 tended to avoid an anticipated defence, and such aver- 
 ments as may be necessary under the rules of equity 
 pleading to entitle the plaintiff to relief, and the prayer 
 for relief and for special orders, writs, or process, 
 which shall also be so divided and numbered. The 
 combination clause, the interrogatories, and the allega- 
 tion of want of remedy at law and similar formal aver- 
 ments shall be omitted. 
 
 PARTIES 
 RULE 18. Where no account, payment or con- 
 veyance, or other direct relief is sought against a party 
 to a suit not being an infant, the party upon service of 
 
 125 
 
RULES OF EQUITY PRACTICE [Rules 19-21 
 Parties 
 
 the notice upon him, need not appear and answer the 
 bill unless the plaintiff especially requires him so to do, 
 by the prayer of his bill; but he may appear and an- 
 swer at his option; and if he does not appear and an- 
 swer he shall be bound by all the proceedings in the 
 cause. If the plaintiff shall require hii;)i to appear and 
 answer, he shall be entitled to the costs of all the pro- 
 ceedings against him, unless the court shall otherwise 
 direct. 
 
 RULE 19. Where infants or persons not sui juris, 
 are parties, the fact shall be specially stated in the bill, 
 so that the court before or after the service of process 
 may take such order thereon as justice may require. 
 
 RULE 20. Where persons without the jurisdiction 
 are proper or necessary parties, this fact shall be stated 
 in the bill, and they may be brought in by service when 
 they come within the jurisdiction of the court, or under 
 a special order as provided by the acts of assembly. 
 
 RULE 21. In all cases where it shall appear to the 
 court that persons who might otherwise be deemed nec- 
 essary or proper parties to the suit, cannot be made par- 
 ties by reason of their being out of the jurisdiction of 
 the court, incapable otherwise of being made parties, 
 or because their joinder would oust the jurisdiction of 
 the court as to the parties before the court, the court 
 may, in their discretion, proceed in the cause without 
 making such persons parties; and in such cases the de- 
 cree shall be without prejudice to the rights of the ab- 
 sent parties. 
 
 126 
 
Rules 22-24] RULES OF EQUITY PRACTICE 
 
 Parties 
 
 RULE 22. Where the parties on either side are 
 very numerous, and cannot without manifest inconveni- 
 ence and oppressive delays in the suit be all brought 
 before it, the court in its discretion may dispense with 
 making all of them parties, and may, proceed in the 
 suit, having sufficient parties before it to represent all 
 the adverse interest of the plaintiffs and the defendants 
 in the suit properly before it. But in such cases the de- 
 cree shall be without prejudice to the rights and claims 
 of all the absent parties. 
 
 RULE 23. In all suits concerning real estate, 
 which is vested in trustees, and such trustees are com- 
 petent to sell and give discharges for the proceeds of 
 the sale, and for the rents and profits of the estate, such 
 trustees shall represent the persons beneficially inter- 
 ested in the estate or the proceeds, or the rents and 
 profits, in the same manner and to the same extent as 
 the executors or administrators in suits concerning per- 
 sonal estate represent the persons beneficially interested 
 in such personal estate; and in such cases it shall not 
 be necessary to make the persons beneficially interested 
 in such real estate or rents and profits parties to the 
 suit, but the court may, upon consideration of the mat- 
 ter on the hearing, if it shall so think fit, order such 
 persons to be made parties. 
 
 RULE 24. In suits to execute the trusts of a will, 
 it shall not be necessary to make the heir-at-law a party; 
 but the plaintiff shall be at liberty to make the heirs- 
 
 127 
 
RULES OF EQUITY PRACTICE [Rules 25-27 
 Parties 
 
 at-Iaw parties where he desires to have the will estab- 
 lished against them. 
 
 RULE 25. In all cases where the plaintiff has a joint 
 and several demand against several persons, either as 
 principals or sureties, it shall not be necessary to bring 
 before the court, as parties to a suit concerning such de- 
 mand, all the persons liable thereto; but the plaintiff 
 may proceed against one or more of the persons sev- 
 erally liable. But the defendant may at once proceed 
 by a bill in the nature of a cross-bill, against such party 
 as is liable jointly with him, and such party shall be 
 permitted to make himself a party to the original 
 cause, and defend the same, and the proceedings in the 
 original cause shall, after the service of such cross-bill, 
 be conclusive as to such other party, and if he shall ap- 
 pear thereto, be conducted as if he had been made a 
 party thereto in the first instance. 
 
 RULE 26. If a defendant shall, at the hearing of 
 a case, object that a suit is defective for want of parties 
 not having taken the objection by answer or demurrer, 
 and therein specified by name or description the parties 
 to whom the objection applies, the court, if it shall 
 think fit, shall be at liberty to make a decree, saving 
 the rights of the absent parties. 
 
 RULE 27. Where the defendant shall, by his an- 
 swer, suggest that the bill is defective for want of par- 
 ties, the plaintiff shall be at liberty, within fourteen 
 days after answer filed, to set down the cause for argu- 
 ment upon that objection only; and the purpose for 
 
 128 
 
Rules 28-29] RULES OF EQUITY PRACTICE 
 
 Demurrers, and -Decrees pro Confesso 
 
 which the same is so set down shall be notified by an 
 entry, to be made in the equity docket, in the form or 
 to the effect following, that is to say: "Set down upon 
 the defendant's objection for want of parties." And 
 where the plaintiff shall not set down his cause, but 
 shall proceed therewith to a hearing, notwithstanding 
 an objection for want of parties taken by the answer, 
 he shall not, at the hearing of the cause, if the defend- 
 ant's objection shall then be allowed, be entitled as of 
 course to an order for liberty to amend his bill by 
 adding parties. But the court, if it think fit, shall be 
 at liberty to dismiss the bill. 
 
 RULE 28. The parties to a suit may at any time 
 before decree, by agreement in writing, without special 
 motion, consent that the bill be dismissed, with or 
 without costs, as may be stipulated; and upon payment 
 of the costs due to the' officers of the court, such agree- 
 ment shall be entered upon the docket, and the suit 
 shall be thereupon fully ended and discontinued. 
 
 DEMURRERS, AND DECREES PRO CON- 
 FESSO 
 
 RULE 29. The plaintiff shall be entitled in filing 
 his bill to a rule on defendant to be entered of course 
 in the prothonotary's office, to file his demurrer, or 
 answer to the bill within thirty days after service of 
 notice of such rule; in default of compliance therewith 
 the plaintiff may at his election enter an order as of 
 course in the cause, that the bill be taken pro confesso. 
 
 129 
 
RULES OF EQUITY PRACTICE [Rule 30 
 
 Demurrers, and Decrees pro Confesso 
 
 And in such case, and also where the bill is taken pro 
 confesso for want of an appearance, the cause shall be 
 proceeded in ex parte, and the case may be put upon 
 the next equity argument list, and the matter of the 
 bill may be decreed by the court when there reached 
 in its order, if the same can be done without an an- 
 swer, upon the allegations in the bill, which without 
 further proof shall be taken as admitted; or the plaint- 
 iff, if he requires any discovery or answer to enable 
 him to obtain a proper decree shall be entitled to pro- 
 cess of attachment against the defendant to compel an 
 answer, and the defendant shall not, when arrested 
 upon such process, be discharged therefrom unless 
 upon filing his answer or otherwise complying with 
 such order as the court or a law judge thereof may 
 direct as to fully answering the bill within a period to 
 be fixed by the court or judge, and undertaking to 
 speed the cause; or it shall be in the option of the 
 plaintiff, when such rule to answer or demur shall have 
 been served as aforesaid and not complied with or on 
 default of appearance by the defendant within the time 
 limited therefor, instead of taking the bill pro confesso, 
 to have process of contempt to compel an answer. 
 
 RULE 30. When the bill is taken pro confesso, and 
 the court shall have proceeded to a decree as afore- 
 said, such decree so rendered shall be deemed abso- 
 lute, unless the court or a law judge thereof shall, 
 within fourteen days after the service of notice of such 
 decree on the defendant, set aside the same and give 
 the defendant time for filing an answer upon cause 
 
 130 
 
Rules 31-34] RULES OF EQUITY PRACTICE 
 
 Demurrers, and Decrees pro Confesso 
 
 shown. And no such motion shall be granted, unless 
 the defendant shall undertake to file his answer within 
 such time as the court shall direct, and submit to such 
 other terms as the court shall direct for the purpose of 
 speeding the cause. 
 
 RULE 31. The defendant may, at any time before 
 the bill is taken for confessed, or afterwards with the 
 leave of the court, demur to the whole bill or to part 
 of it, and he may demur to part and answer as to the 
 residue ; but all issues of fact must be made by answer. 
 
 RULE 3^. No demurrer shall be allowed to be 
 filed to any bill, unless supported by affidavit that it is 
 not interposed for delay. Demurrers shall be substan- 
 tially in the form following: "The defendant demurs 
 to the whole bill," "or to so much of the bill, or dis- 
 covery or relief," stating the particulars and assigning 
 the reason or grounds in detail. 
 
 RULE 33. The plaintiff may set dow:n the case for 
 argument on the demurrer, and if he shall not do so 
 within ten days after service of the same, the defend- 
 ant may set it down for argument on five days' notice. 
 
 RULE 34. No demurrer shall be held bad and 
 overruled upon argument, only because such demurrer 
 shall not cover so much of the bill as it might by law 
 have extended to, or because the answer of the defend- 
 ant may extend to some part of the same matter as 
 may be covered by such demurrer. 
 
 131 
 
RULES OF EQUITY PRACTICE [Rules 35-37 
 
 Answers and Cross-Bills 
 
 RULE 35. If, upon the hearing, any demurrer or 
 plea shall be allowed, the court may, in its discretion, 
 upon motion of the plaintiff, allow him to amend his 
 bill upon such terms as it shall deem reasonable. 
 
 RULE 36. If, upon the hearing, any demurrer is 
 overruled, unless the court shall be satisfied that it 
 was intended for vexation and delay, the defendant 
 shall be required to answer the bill, or so much thereof 
 as is covered by the demurrer, at such period as, con- 
 sistently with justice and the rights of the defendant, 
 the same can, in the judgment of the court, be reason- 
 ably done; in default whereof the bill shall be taken 
 against him, pro confesso, and the matter thereof pro- 
 ceeded in and decreed accordingly; and such decree 
 shall also be made when the court deems the plea or 
 demurrer to have been for vexation or delay, or to 
 have been frivolous or unfounded. 
 
 ANSWERS AND CROSS-BILLS 
 
 RULE 37. The defendant shall make answer to all 
 the material allegations of the bill. The answer of a 
 defendant must be in the first person, and divided into 
 paragraphs, numbered consecutively, each paragraph 
 containing, as nearly as may be, a separate and dis- 
 tinct allegation. The rule, that if the defendant sub- 
 mits to answer, he shall answer fully to all the matters 
 of the bill, shall no longer apply in cases where he 
 might, by plea or demurrer, protect himself from such 
 answer and discovery. And the defendant shall be 
 entitled in all cases, by answer, to insist upon all mat- 
 
 132 
 
Rule 38] RULES OF EQUITY PRACTICE 
 
 Answers and Cross-Bills 
 
 ters of defence in law (not being matters of abatement, 
 or to the character of the parties, or of matters of 
 form), to the merits of the bill, of which he may be 
 entitled to avail himself by demurrer or plea in bar; 
 and in such answer he shall not be compellable to 
 answer any other matters than he would be compell- 
 able to answer and discover, upon filing a demurrer 
 or plea in bar and an answer in support of such plea, 
 touching the matters set forth in the bill to avoid or 
 repel the bar, or defence. — Thus, for example, a bona 
 fide purchaser, for a valuable consideration, without 
 notice, may set up the defence by way of answer, in- 
 stead of plea, and shall be entitled to the same pro- 
 tection, and shall not be compellable to make any fur- 
 ther answer or discovery of his title than he would be 
 in any answer in support of such plea. 
 
 RULE 38. Specific interrogatories to defendants 
 shall not be included in the bill, but may be filed sepa- 
 rately, if necessary. In like manner, any defendant 
 shall be entitled to file interrogatories to any of the 
 plaintiffs after he shall have put in his own answer to 
 the bill. In either case, they may be filed at any time 
 before the taking of testimony is begun, and shall be 
 deemed, with the answers, part of the pleadings. By 
 special leave on notice, they may be filed after testi- 
 mony has been taken, and answers required at such time 
 as the court or a law judge may order. They shall be 
 divided as conveniently as may be, and numbered. 
 Where there is more than one defendant or plaintiff, 
 the particular interrogatories which each is required 
 
 133 
 
RULES OF EQUITY PRACTICE [Rules 39-40 
 
 Answers and Cross-Bills 
 
 to answer shall be specified by a note at the foot of the 
 paper. A copy shall be served on each party required 
 to answer them, or his counsel, and an order of course, 
 to answer within ten days after such service, and on 
 neglect to answer any interrogatory and serve a copy 
 of such answer within that time, the plaintiflf or de- 
 fendant, as the case may be, shall be entitled to move 
 for an attachment to compel an answer. 
 
 RULE 39. A plaintifif or defendant shall be at lib- 
 erty to decline answering any interrogatory, or part of 
 an interrogatory, when he might have protected him- 
 self by demurrer from answering the subject-matter of 
 the interrogatory; and he shall be at liberty so to de- 
 cline, notwithstanding he shall answer other interroga- 
 tories, from which he might have protected himself by 
 demurrer, and the plaintiff or defendant may, on forty- 
 eight hours' notice, set down the matter for a hearing 
 before any law judge of the court, as on an exception 
 to the answer for insufficiency. But where the inter- 
 rogatories are not fully answered, and no reason is as- 
 signed for the omission, the particular objection must 
 be pointed out by exception, to be filed and served at 
 least ten days before the hearing of such exception. 
 The plaintiflf or defendant shall be at liberty, before 
 answers to the interrogatories are filed, or pending ex- 
 ceptions, to file or require a replication and proceed 
 to take testimony without waiver of his right to such 
 answers, or of his exceptions to the answers. 
 
 RULE 40. Cross-bills for discovery only shall not 
 be allowed, but the defendant shall be at liberty instead 
 
 134 
 
Rules 41-42] RULES OF EQUITY PRACTICE 
 
 Exceptions to Answers 
 
 thereof, to file interrogatories to the plaintiff as above 
 provided. In other cross-bills no further reference 
 shall be made to the matters contained in the original 
 bill than shall be necessary, but the same may be 
 treated as if incorporated therein. The rules regulat- 
 ing the form of bills shall apply to cross-bills. If no 
 new parties are introduced, service of a copy of the 
 cross-bill on the counsel of the plaintiff in the original 
 bill shall be sufficient. Where other persons are made 
 parties, the service shall be in the manner provided in 
 original bills, a copy of such original bill being served 
 together w^ith the cross-bill, and such new parties shall 
 be entitled to have copies of the answer to the original 
 bill as required for the plaintiff. 
 
 RULE 41. Answers and affidavits may be sworn 
 to before any person authorized to administer oaths 
 under the laws or usages of this cpmmonwealth, or of 
 any other state, territory, or country, where the oath 
 is taken. 
 
 EXCEPTIONS TO ANSWERS 
 
 RULE 42. After an answer to the bill, to interroga- 
 tories or to any other pleading has been filed, the opp\)- 
 site party shall be allowed twenty days from the serv- 
 ice of a copy of such answer on his counsel, to file in the 
 prothonotary's office exceptions thereto, and no longer, 
 unless additional time shall be allowed for the purpose, 
 upon cause shown to the court or a law judge thereof ; 
 and if no exceptions shall be filed thereto within that 
 
 135 
 
RULES OF EQUITY PRACTICE [Rules 43-44 
 
 Exceptions to Answers 
 
 period, the answer shall be deemed and taken to be suf- 
 ficient. 
 
 ■RULE 43. Where an exception shall be filed to the 
 answer for insufficiency, within the period prescribed 
 by these rules, if the party filing the answer shall not 
 submit to the same, and file an amended answer within 
 ten days from service of a copy of such exception on 
 counsel, the exceptant shall forthwith order the pro- 
 thonotary to set the matter down for a hearing on the 
 next day thereafter appointed for such causes, before a 
 law judge of the court, and shall give notice of such 
 order to the opposite party or his solicitor. And if he 
 shall not so set the same down for a hearing, the excep- 
 tion shall be deemed abandoned, and the answer shall 
 be deemed sufficient; provided, however, that the court 
 or any law judge thereof may, for good cause shown, 
 enlarge the time for filing an exception or for filing an 
 amended answer in their or his discretion, upon such 
 terms as they or he may deem reasonable. Exceptions 
 shall be printed, and the expense of printing such as are 
 sustained shall be allowed as costs, to be immediately 
 recovered. 
 
 RULE 44. If, at the hearing, any exception shall be* 
 allowed, the party answering shall be bound to put in a 
 full and complete answer, within ten days, unless the 
 time be enlarged by order of the court, otherwise the 
 exceptant shall as of course be entitled to take the bill, 
 so far as the matter of such exceptions is concerned, as 
 
 136 
 
Rules 45-46J RULES OF EQUITY PRACTICE 
 
 Replications 
 
 confessed, or, at his election, he may have a writ of at- 
 tachment to compel the party answering to make a bet- 
 ter answer to the matter of the exception ; and the party 
 answering, when he is in custody upon such writ, shall 
 not be discharged therefrom but by an order of the court 
 or of a law judge thereof, upon his putting in such an- 
 swer and complying with such other terms as the court 
 or judge may direct. 
 
 RULE 45. No order shall be made by any judge 
 for hearing any bill, answer, or pleading, or other 
 matter, or proceeding depending before the court for 
 scandal or impertinence, unless exceptions are taken 
 in writing, and signed by counsel, describing the par- 
 ticular passages which are considered to be scandalous 
 or impertinent; nor unless the exceptions shall be filed 
 within ten days after service of the same upon the party 
 excepting or his counsel, and such exceptions may be 
 set down for hearing by either party on forty-eight 
 hours' notice, or such other notice as the court may 
 direct to the opposite party. 
 
 REPLICATIONS 
 
 RULE 46. Whenever the answer of the defendant 
 shall not be excepted to, or shall be adjudged or 
 deemed sufficient, the plaintiff shall file the general 
 replication thereto within ten days thereafter, unless he 
 shall set the cause down on bill and answer; and in all 
 cases where the general replication is filed, the cause 
 shall be deemed to all intents and purposes at issue, 
 
 137 
 
RULES OF EQUITY PRACTICE [Rules 47-49 
 
 Amendments, Supplemental Bills, Etc. 
 
 without any rejoinder or other pleading on other side. 
 If the plaintiff shall omit or refuse to file such replica- 
 tion within the prescribed period, the defendant shall 
 be entitled to a rule upon him to reply within ten days 
 after notice of such rule; on failure to file such repli- 
 cation with notice to the defendant's counsel, the 
 plaintiff shall be deemed to have abandoned his right 
 to traverse the matters alleged in the answer. The 
 replication shall be in substance thus: "The plaintiff 
 joins issue on the matters alleged in the answer." 
 
 RULE 47. No special replication to any answer 
 shall be filed. But if any matter alleged in the answer 
 shall make it necessary for the plaintifiP to amend his 
 bill, he may have leave to amend the same upon mo- 
 tion to the court or a law judge thereof in vacation. 
 
 AMENDMENTS, SUPPLEMENTAL 
 
 BILLS, ETC. 
 
 RULE 48. The plaintiff shall be at liberty, as a 
 matter of course, to amend his bill in any matters 
 whatsoever, before answer or demurrer to the bill, but 
 he shall, without delay, give the defendant notice of 
 such amendment, and all rules taken by the plaintiff 
 in the case shall be suspended until such notice is given. 
 
 RULE 49. After an answer or demurrer is put in 
 and before replication, the plaintiff may, upon motion 
 or petition, without notice, obtain an order from any 
 law judge of the court to amend his bill within twenty 
 days thereafter. But after the replication filed the 
 
 138 
 
Rules 50-51] , RULES OF EQUITY PRACTICE 
 
 Amendments, Supplemental Bills, Etc. 
 
 plaintifif shall not be permitted to withdraw it and to 
 amend his bill, except upon an order of a law judge of 
 the court, upon motion or petition, after due notice to 
 the other party, and upon proof by affidavit that the 
 same is not made for the purpose of vexation or delay, 
 or that the matter of the proposed amendment is mate- 
 rial, and could not with reasonable diligence have been 
 sooner introduced into the bill, and upon the plaintiff's 
 submitting to such other terms as may be imposed by 
 the judge for speeding the cause. 
 
 RULE 50. If the plaintiff, so obtaining any order 
 to amend his bill after answer, or demurrer, or after 
 replication, shall not file his amendments or amended 
 bill, as the case may require, in the prothonotary's 
 office, and serve a copy on the counsel of all other 
 parties to the cause, who appear by counsel "within the 
 time appointed for making such amendments, he shall 
 be considered to have abandoned the same, and the 
 cause shall proceed as if no application for any amend- 
 ment had been made. 
 
 RULE 51. In every case where, after answer or 
 demurrer filed, an amendment of the bill is made in 
 such particulars as to vary the case or the grounds of 
 relief, the defendants shall be at liberty to demur or 
 answer to the amended bill or to the amendments, as 
 if no previous answers had been filed, and the answer 
 to the original bill shall not, unless the defendant fails 
 to put in another answer when required, be used ex- 
 cept as an admission of the facts therein stated, sub- 
 
 139 
 
RULES OF EQUITY PRACTICE. [Rules 52-53 
 Amendments, Supplemental Bills, Etc 
 
 ject to explanation by the answer subsequently filed. 
 Answers to amendments may be required at such times 
 as the court or a law judge upon notice shall direct, 
 and shall be in other respects subject to the rules regu- 
 lating answers to the original bill. 
 
 RULE 52. After an answer is put in, it may be 
 amended as of course, in any matter of form, or by 
 filling up a blank, or correcting a date, or reference to 
 a document, or other small matter, and be resworn, at 
 any time before replication is put in, or the cause is 
 set down for a hearing upon bill and answer. But 
 after replication or such setting down for a hearing, it 
 shall not be amended in any material matters ; as by 
 adding new facts or defences, or qualifying or altering 
 the original statements, except by special leave of the 
 court or a law judge thereof, upon motion and cause 
 shown after due notice to the adverse party, supported, 
 if required, by affidavit. And in every case where 
 leave is so granted, the court or the judge granting 
 the same may, in his discretion, require that the same 
 be separately engrossed and added as a distinct amend- 
 ment to the original answer, so as to be distinguishable 
 therefrom. 
 
 RULE 53. Whenever the circumstances are such 
 as to require a bill of revivor, supplemental bill, or bill 
 in the nature of either or both, or where additional or 
 different parties are required to be joined, the same 
 shall be made by way of amendment or addition to 
 the original bill, and copies of such amendments or 
 
 140 
 
Rule 54] RULES OF EQUITY PRACTICE 
 
 Evidence 
 
 additions being served on the parties to the original 
 bill, or their counsel, on the record, shall entitle the 
 plaintiff to proceed as on an original bill, after service. 
 Where a new^ party is joined a copy of the original 
 bill and the amendment shall be served as is provided 
 for in the case of original bills. But, where the per- 
 sonal representative of a deceased party is properly 
 required to be joined, it may be done by stating on the 
 record the fact of the death, and the grant of letters 
 to such representative, and by service of notice of such 
 statement on such representative; and the cause, with- 
 out more delay, shall proceed as if such representative 
 had been originally a party, allowing him ten days to 
 appear. 
 
 EVIDENCE 
 
 RULE 54. An order to take the testimony of 
 ancient, infirm and going witnesses de bene esse before 
 any justice of the peace or other person, authorized by 
 law to take depositions in other cases, may be entered 
 by either party in the prothonotary's office of course, 
 at any time after the service of process, stipulating a 
 reasonable notice to the adverse party: so of an order 
 for a commission to any place within the State of Penn- 
 sylvania, more than forty miles distant from the county 
 seat of the respective county, or to any other state or 
 territory or to foreign parts. But in case of a com- 
 mission, the interrogatories must be filed in the pro- 
 thonotary's office at the time, and written notice of 
 this last order and of the names of the commissioners 
 must be served on the adverse party at least fifteen 
 
 141 
 
RULES OF EQUITY PRACTICE [Rules 55-56 
 
 Evidence 
 
 days before the commission issues, in order ttiat lie may 
 file cross-interrogatories, or nominate commissioners 
 on his part, if he shall deem it desirable: Provided, 
 That testimony so taken shall only be admitted on the 
 hearing of the cause, when the circumstances are such 
 as would excuse the production of such witnesses and 
 make admissible depositions taken de bene esse on trials 
 by jury in the same courts. 
 
 RULE 55. Upon the return of any commission 
 executed, the same may, at the application of either 
 party, be opened by any one of the judges of the court, 
 in term time or vacation, or by the prothonotary; and 
 the prothonotary shall give notice to the parties of the 
 return of any commission, and of the filing of deposi- 
 tions taken before any justice of the peace, or other 
 person, and the parties shall, within ten days after 
 service of such notice upon them respectively, enter ex- 
 ceptions in writing, if they have any, to the form of 
 the interrogatories or the manner of the execution of 
 the commission, and the taking of the depositions, or 
 be thereafter precluded from the benefit of such excep- 
 tions, which exceptions when so taken may be put 
 down for hearing by either party giving forty-eight 
 hours' notice to his adversary thereof, or such other 
 notice as the court may direct. 
 
 RULE 56. The last of the interrogatories to take 
 testimony shall be stated in substance, thus: "Do you 
 know, or can you set forth any other matter or thing, 
 which may be a benefit or advantage to the parties at 
 issue in this cause, or either of them, or that may be 
 
 142 
 
Rules 57-59] RULES OF EQUITY PRACTICE 
 
 Evidence 
 
 material to the subject of . this your examination, or 
 the matters in question in this cause? If yea, set forth 
 the same fully and at large in your answer." 
 
 RULE 57. All affidavits and depositions shall be 
 taken and expressed in the first person of the depo- 
 nent; and shall be divided into paragraphs, and each 
 paragraph, as nearly as may be, confined to a distinct 
 portion of the subject. 
 
 RULE 58. On all interlocutory applications, as 
 for an injunction, or the appointment of a receiver, 
 either party shall be at liberty to produce his witnesses 
 for examination in open court at the hearing of the 
 application, as to all such matters as could be proved 
 by their affidavits, subject to cross-examination as in 
 other cases, or upon reasonable notice, to require the 
 other party to produce his witnesses for examination 
 in open court, unless sufficient cause be shown to the 
 contrary. 
 
 RULE 59. The office of Examiner to take testi- 
 mony, is hereby discontinued, except in proceedings 
 conducted under the directions of a statute by which 
 duties are imposed upon an examiner, as in bills to 
 perpetuate testimony and similar cases. All testimony 
 in cases in equity shall be taken in the same manner 
 as is now practiced in courts of law, upon rule, com- 
 mission, letters rogatory, or in open court. Rules may 
 be entered for the purpose of taking testimony on the 
 equity side of the several Courts of Common Pleas, in 
 the same manner, and with the same effect, as upon 
 the common law side of the same courts. 
 
 143 
 
RULES OF EQUITY PRACTICE [Rules 60-61 
 
 Trial 
 
 TRIAL 
 RULE 60. The hearing of cases in equity shall be 
 conducted before the judge sitting as chancellor, or 
 before a referee, and the office of Master in Chancery 
 is hereby discontinued, except in proceedings where 
 decrees or interlocutory orders are to be executed, or 
 their execution supervised by an officer of the court; 
 as in partition, the sale of real estate, the execution of 
 deeds and the like. When a case in equity is at issue 
 upon demurrer it shall be placed on the argument list 
 then next to be heard. When it is at issue upon answer 
 it shall be placed on the equity trial list. Cases upon 
 the trial list shall be heard in court in the same manner 
 that actions at law wherein trial by jury has been 
 waived are now heard by courts of law. The evidence 
 shall be given or read in open court, and exceptions to 
 the admission or rejection of evidence and of witnesses, 
 may be taken in the same manner, and with the same 
 effect as is now practiced in the trial of actions at law. 
 The judge shall sit continuously during the trial of 
 causes in equity in the same manner as during the trial 
 of actions at law. 
 
 RULE 61. A trial in equity shall be conducted, as 
 nearly as may be, as a trial at law is now conducted. 
 When entered upon it shall not be interrupted or post- 
 poned, except for cause shown to, and approved by, 
 the court or referee; and the costs of all such post- 
 ponements shall be paid by the party at whose instance 
 the same may be ordered, and shall not abide the re- 
 sult, or be taxed in the general bill of the successful 
 
 144 
 
Rules 62-66] RULES OF EQUITY PRACTICE 
 
 Trial 
 
 party. Continuances for cause may be made where 
 the list is called, with or without terms, as is now prac- 
 ticed in the courts of common law. 
 
 RULE 62. The counsel for the respective parties 
 may present to the judge sitting as chancellor re- 
 quests for findings both of fact and law. After hear- 
 ing the evidence, and the argument of counsel, the 
 judge may adopt or affirm these requests, or any of 
 them, qualify or deny them, or state his findings of 
 fact or of law in his own language. The requests so 
 presented, with the answers thereto, and the findings 
 of the judge, both of law and fact, shall be filed by 
 the prothonotary, and become thereby part of the rec- 
 ord of the court in the said case. 
 
 RULE 63. Upon the filing of the findings by the 
 judge, the prothonotary shall enter a decree nisi in 
 accordance therewith, and give notice to the parties or 
 their counsel. 
 
 RULE 64. Exceptions may then be filed by either 
 party within ten days, which exceptions shall cover 
 all objections to rulings on evidence, to findings of fact 
 or law, or to the decree in the case. 
 
 RULE 65. If no exceptions be filed, all objections 
 shall be deemed to be waived and a final decree en- 
 tered by the prothonotary as of course. 
 
 RULE 66. If exceptions shall be filed, they shall 
 be heard upon the argument list as upon a rule fot 
 new trial, and the judge or the court in banc shall- have 
 
 145 
 
RULES OF EQUITY PRACTICE [Rules 67-69 
 Referees 
 
 •Sag' . 
 
 » M S 
 
 « 
 
 03 CO " 
 
 O " fH+3 
 
 ;« ho 
 
 -C*",? 
 
 CQ 
 
 g rt rt ^ 
 
 .SoS.S s 
 
 power to sustain or dismiss any of such exceptions 
 and confirm, modify or change the decree accordingly. 
 
 RULE 67. Upon appeal to the Supreme or Supe- 
 rior Court such matters only as have been so excepted 
 to and finally passed upon by the court, shall be assign- 
 able for error. 
 
 RULE 68. If the judge or referee, upon the close of 
 complainant's evidence, shall be of opinion that the case 
 made in the bill has not been sustained, he shall have 
 power to enter a decree of dismissal without hearing 
 evidence on behalf of the defendant. Such decree shall 
 have the effect of a non-suit at law, but a refusal of the 
 court, after motion and argument, to change the decree 
 shall be considered a final decree for all purposes. The 
 court in banc in every such case shall file an opinion 
 specifically setting forth its reasons for refusing to 
 change the decree of dismissal. 
 
 REFEREES 
 RULE 69. When a case in equity is at issue upon 
 answer it may be taken from the list by the parties, 
 and its trial referred to a person agreed upon by them, 
 who shall be called a "referee." He shall proceed at 
 once upon his appointment to fix a day for trial, which 
 shall not be more than three months after his said 
 appointment; at which time, unless the cause be con- 
 tinued, he shall proceed to hear the parties, and sit 
 from day to day, continuously for that purpose. He 
 shall hear the testimony, seal bills of exceptions to the 
 admission and rejection of evidence, make findings of 
 
 146 
 
Rule 70] RULES OF EQUITY PRACTICE 
 
 Fees 
 
 fact and of law, act upon the points or requests that 
 may be presented by counsel, and prepare the form 
 for a final decree. When his findings and decree are 
 ready, he shall give notice to counsel for the respective 
 parties, of a time and place, when and where the same 
 may be examined by them. If no exceptions be filed 
 within ten days after the day fixed for such examina- 
 tion, the referee shall deliver to the prothonotary his 
 findings, the requests of counsel, and the form of 
 decree prepared, who shall file the same, and there- 
 upon the court shall enter the decree prepared by the 
 referee. If exceptions be filed the referee shall hear 
 them within ten days thereafter; and within ten days 
 after such hearing, decide upon the same and file said 
 exceptions, his action thereon, together with his origi- 
 nal findings, the requests of counsel, and the form of a 
 decree with the prothonotary of the court. At any 
 time within ten days after this is done exceptions may 
 be taken to the action of the referee and filed with the 
 prothonotary. The case shall thereupon be placed 
 upon the equity argument list next to be heard in said 
 court, and the exceptions heard by the court or judge 
 acting as chancellor in the case, and disposed of; 
 whereupon the proper decree shall be made and 
 entered, subject to the right of appeal to the Supreme 
 or Superior Court, as provided by law. 
 
 FEES 
 
 RULE 70. The fees of referees shall be adjusted 
 upon a statement of the number of days actually oc- 
 
 147 
 
RULES OF EQUITY PRACTICE [Rules 71-72 
 
 Assessors — Trial by Jury 
 
 cupied with the trial and the preparation of the find- 
 ings and decree. Parts of days on which the parties 
 met and adjourned shall not be included. For days 
 actually spent in trial and disposition of the case a per 
 diem shall be allowed, to be fixed by the court in which 
 the cause is pending, upon consideration of the charac- 
 ter of the labor actually performed, but in no case to 
 exceed twenty dollars per day. The referee shall state 
 separately the number of days occupied in the trial, 
 and those occupied in preparing the findings and de- 
 cree. For parts of days on which meetings and ad- 
 journments have taken place the referee shall be al- 
 lowed five dollars each, to be paid by the party at 
 whose instance the adjournment may be made, and not 
 otherwise. 
 
 ASSESSORS 
 
 RULE 71. In cases involving complicated accounts 
 or questions requiring the aid of experts, if the parties 
 do not refer, the court may call in the aid of an ac- 
 countant or other expert, as an assessor. The charges 
 to be allowed for such services shall not exceed the rate 
 per diem commonly paid by business men for similar 
 services, and shall be taxed as costs in the case, or paid 
 as the court may direct. 
 
 TRIAL BY JURY 
 
 RULE 72. After a case in equity is at issue upon 
 
 questions of fact, either party may move a rule upon 
 
 the other party to show cause, on five days' notice, why 
 
 the issues of fact, or some of them, shall not be tried 
 
 148 
 
Rules 73-751 RULES OF EQUITY PRACTICE 
 
 Trial and Argument Lists — Interlocutory Orders, Generally 
 
 before a jury. If, on the return of the rule, such trial 
 be awarded, the court shall frame the issues in the 
 form of separate questions. The verdict rendered shall 
 not be general, but shall consist of an answer to each 
 question so submitted. These answers, made to inform 
 the conscience of the chancellor, shall not be binding 
 upon him in any case. 
 
 TRIAL AND ARGUMENT LISTS 
 RULE 73. The preparation of trial and argument 
 lists shall be regulated by an order of the several courts, 
 so as to make the practice in regard thereto conform 
 as nearly as may be practicable to the practice in the 
 said courts in actions at law. 
 
 INTERLOCUTORY ORDERS, GENERALLY 
 RULE 74 Any law judge in vacation or in term, 
 may at chambers make interlocutory orders, rules, and 
 other proceedings preparatory to the hearings of causes 
 upon their merits, in the same manner and with the 
 same effect as the court in term, reasonable notice of 
 the same being first given to the adverse party or his 
 solicitor, to appear and show cause to the contrary, at 
 such time thereafter as shall be assigned by the judge 
 for the hearing thereof. 
 
 RULE 75. All motions, rules, orders, and other 
 proceedings made and directed at chambers or at the 
 prothonotary's office, whether special or of course, 
 shall be entered by the prothonotary in his docket, on 
 the day on which they are made and directed, and 
 
 149 
 
RULES OF EQUITY PRACTICE [Rules 76-77 
 
 Interlocutory Orders, Generally 
 
 notice thereof given to the solicitors shall be deemed 
 notice to the parties for whom they appear and whom 
 they represent, in all cases in which personal notice on 
 the parties is not otherwise specially required. The 
 docket shall be kept by the prothonotary at his office, 
 and shall be open at all office hours to the free inspec- 
 tion of the parties in any suit in equity, and their so- 
 licitors. All notices shall be in writing. 
 
 RULE 76. All motions and applications in the pro- 
 thonotary's office for the issuing of mesne and final 
 process (except process of sequestration and of at- 
 tachment to enforce and execute decrees) ; for filing 
 bills, answers, demurrers, and other pleadings; for 
 making amendments to bills and answers; for taking 
 bills pro confesso; for filing exceptions, and for other 
 proceedings which do not require allowance or order 
 of the court, or of a judge thereof, shall be deemed mo- 
 tions and applications grantable of course by the pro- 
 thonotary of the court; but the same may be suspended, 
 altered, or rescinded by any law judge of the court upon 
 cause shown. 
 
 RULE 77. All motions for rules or orders, and 
 /)ther proceedings which are not grantable of course, 
 or without notice, shall be made on application to the 
 court or a law judge at chambers, and entered in the 
 docket, and shall be heard at such time thereafter as 
 shall be assigned therefor by the court or judge at the 
 time of the making the application; and if the adverse 
 party or his solicitor, after notice thereof, shall not 
 then appear, or shall not show good cause against the 
 
 150 
 
Rules 78-81] RULES OF EQUITY PRACTICE 
 
 Injunctions 
 
 same, the motion may be heard by any law judge of 
 the court, ex parte, and granted, as if not objected to, 
 or refused, in his discretion. 
 
 RULE 78. No order allowing further time shall be 
 made without written notice of the application for such 
 order to the counsel on record of the opposite party; 
 and any order which does not recite such notice, or that 
 the counsel attended at the hearing may be disregarded. 
 
 RULE 79. In the city of Philadelphia all rules or 
 orders as to pleadings which, according to the time pre- 
 scribed in the foregoing rules, would otherwise ex- 
 pire on any day of the month of July and August, shall 
 be deemed and taken to expire on the same day of the 
 month of September following. 
 
 RULE 80. If, on any interlocutory proceeding, a 
 party shall be ordered to pay the costs thereof, such 
 costs shall be taxed by the prothonotary, and payment 
 thereof may be enforced by attachment and seques- 
 tration, or the party to whom the said costs are di- 
 rected to be paid may, at his option, have a common 
 law writ of execution for the recovery thereof; and 
 the party against whom such order is made shall not 
 be allowed to take any further steps in the cause until 
 payment of such costs. 
 
 INJUNCTIONS 
 
 RULE 81. Preliminary injunctions may be grant- 
 ed, in accordance with the present practice, on bill and 
 injunction affidavits; but upon the hearing, at the end 
 
 151 
 
RULES OF EQUITY PRACTICE [Rules 82-83 
 
 Decrees and Final Process 
 
 of five days, or such other time as may be fixed, the 
 evidence must be taken subject to cross-examination, 
 and ex parte affidavits will not be received. Witnesses 
 may be examined orally before the judge, or testimony 
 may be taken on short rule, or, when necessary, testi- 
 mony may be taken before any person authorized to 
 administer an oath, on notice to the other side to ap- 
 pear and cross-examine. In cases where testimony is 
 taken on notice alone, the certificate of counsel that 
 he had not sufficient time to enter and serve a rule, 
 shall stand in lieu of such formal entry and service. 
 But defendant may move to dissolve at any time with- 
 out waiting for the expiration of the five days. 
 
 RULE 82. Cautionary orders in injunction bills 
 shall not be made, nor shall any injunction be allowed 
 except security be given according to law. But when- 
 ever an injunction shall be granted without previous 
 notice to the opposite party, it shall be taken to be 
 dissolved if the motion be not argued within five days 
 after such notice given, unless otherwise specially or- 
 dered by the court or a law judge thereof. 
 
 DECREES AND FINAL PROCESS 
 
 RULE 83. No part of the prior proceedings shall 
 be recited or stated at length in any decree or order; 
 but decrees and orders shall begin in substance as fol- 
 lows: "This cause came on to be heard (or to be 
 further heard, as the case may be) at this term, and 
 was argued by counsel, and upon consideration thereof, 
 
 152 
 
Rules 84-85] RULES OF EQUITY PRACTICE 
 
 Decrees and Final Process 
 
 it is ordered, adjudged, and decreed as follows, viz. :" 
 (Here insert the decree or order.) 
 
 RULE 84. The decree shall be drawn by the so- 
 licitor of the party in whose favor it is, who shall, 
 unless otherwise herein provided, serve a copy thereof 
 on the solicitor of the adverse party, with notice of 
 the time, which shall not be less than three days there- 
 after, when the same will be submitted to the court; 
 but the court may direct the decree to be entered forth- 
 with, without further notice, upon the same being pro- 
 nounced, should they think the justice of the case re- 
 quires it, or when the solicitor of the opposite party is 
 present and does not object to the form thereof. If the 
 opposite party, where notice is required to be given 
 to him, shall not deem such draft of decree in con- 
 formity with the intentions of the court, he may file 
 exceptions thereto before the day of hearing desig- 
 nated in such notice, which shall be submitted with 
 the draft of die decree on the day so appointed, and 
 thereupon, the court approving of the draft, or cor- 
 recting the same in conformity with such exceptions, 
 or otherwise, the prothonotary shall enter it in his 
 docket, and from thenceforth it shall be the act and 
 decree of the court. 
 
 RULE 85. If the decree or order be merely for the 
 payment of money, the party in whose favor it is made: 
 shall be entitled to have a minute thereof (without 
 waiting for the draft of a more formal decree) entered 
 in the docket and placed in the usual form of entering 
 
 153 
 
RULES OF EQUITY PRACTICE [Rules 86-88 
 
 Decrees and Final Process 
 
 judgments in the judgment index of the common law 
 side of the court. 
 
 RULE 86. Unless otherwise provided by law or by 
 these rules, or specially ordered by the court, a writ of 
 attachment, and if the defendant cannot be found, or 
 it may be otherwise thought proper by the court, a 
 writ of sequestration or a writ of assistance to enforce 
 a delivery of possession, as the case may require, shall 
 be the proper process to issue for the purpose of com- 
 pelling obedience to any interlocutory or final order or 
 decree of the court; but the same shall not be issued, 
 unless upon motion and allowance by the court or a 
 law judge thereof. 
 
 RULE 87. When any decree or order is for the 
 delivery of possession, upon proof made by affidavit 
 of a demand and refusal to obey the decree or order, 
 the party prosecuting the same shall be at liberty to 
 apply forthwith to the court or to a law judge, for an 
 order for a writ of assistance, upon the allowance of 
 which the prothonotary shall immediately issue the 
 same. 
 
 RULE 88. Final process to execute any decree 
 may, if the decree be solely for the payment of money, 
 be by a writ of execution, in the form used in the same 
 court in suits at common law in actions of assumpsit. 
 If the decree be for the performance of any specific 
 act, as, for example, for the execution of a conveyance 
 of land or delivering up of deeds or other documents, 
 the decree shall prescribe the time within which the act 
 
 154 
 
Rules 89-90] RULES OF EQUITY PRACTICE 
 
 Decrees and Final Process 
 
 shall be done, of which the defendant shall be bound, 
 without further service, to take notice ; and upon affi- 
 davit of the plaintiff, filed in the prothonotary's office, 
 that the same has not been complied with, the court, if 
 sitting, or any law judge during vacation, may direct 
 the issuing of a writ of attachment against the delin- 
 quent party, from which, if attached thereon, he shall 
 not be discharged unless upon a full compliance with 
 the decree and the payment of costs, or upon a spe- 
 cial order of the court or of a law judge thereof, upon 
 motion and affidavit, enlarging the time for the per- 
 formance thereof. If the delinquent party cannot be 
 found, a writ of sequestration may, upon motion, be 
 ordered by the court or a law judge thereof, to be 
 issued against his estate upon the return of non est in- 
 ventus, to compel obedience to the decree. 
 
 RULE 89. Every person not being a party in any 
 cause, who has obtained an order, or in whose favor 
 an order shall have been made, shall be enabled to en- 
 force obedience to such order by the same process as 
 if he were a party to the cause; and every person not 
 being a party to the cause against whom obedience to 
 an order of the court may be enforced, shall be liable 
 to the same process for enforcing obedience to such or- 
 der, as if he were a party in the cause. 
 
 RULE 90. Clerical mistakes in decrees or decretal 
 
 orders, or errors arising from any accidental slip or 
 
 omission, may be corrected by order of the court or a 
 
 law judge thereof, upon petition, without the form or 
 
 expense of a rehearing. 
 
 155 
 
RULES OF EQUITY PRACTICE [Rules 91-93 
 
 Rehearing — General Provisions 
 
 REHEARING 
 
 RULE 91. Every petition for a rehearing shall 
 contain the special matter or cause on which' such re- 
 hearing is applied for, shall be signed by counsel, and 
 the facts therein stated, if not apparent on the record, 
 shall be verified by the oath of the party, or by some 
 other person. A rehearing may be granted at any time 
 within the discretion of the court; but where the decree 
 has been executed, parties who have acted on the faith 
 of such decree shall not be prejudiced by such decree 
 being reversed or varied. 
 
 RULE 92. (Abrogated and annulled by order filed 
 July 6, 1911, to take effect September 4, 1911.) 
 
 This Rule read as follows : 
 
 "Whenever an appeal shall be taken from an order or decree in 
 equity, the appellant shall file in the court below, with his notice of ap- 
 peal, a brief statement of the errors he alleges to have been made by 
 the order or decree appealed from or the findings on which it rests. 
 No other errors shall be assigned in the appellate court unless 
 leave be granted on motion, and notice to the other party. If 
 the reasons for the appeal do not affect the whole decree, and its 
 enforcement, as to so much as is not complained of, is not incon- 
 sistent with the relief asked on appeal, leave may be granted 
 to proceed as to that part of the decree, notwithstanding the ap- 
 peal." 
 
 GENERAL PROVISIONS 
 
 RULE 93. The courts may make any other and 
 further rules and regulations for the practice, proceed- 
 ings and process, mesne and final, in their respective 
 districts, not inconsistent with the rules hereby pre- 
 scribed, in their discretion, and from time to time alter 
 and amend the same. 
 
 156 
 
Rule 94] RULES OF EQUITY PRACTICE 
 
 General Provisions 
 
 RULE 94. In all cases when these rules or those 
 prescribed by other courts do not apply, the practice 
 of the courts shall be regulated by the present practice 
 of the High Court of Chancery in England, so far as the 
 same may reasonably be applied consistently with the 
 local circumstances and local convenience of the dis- 
 trict where the court is held, not as positive rules, but 
 as furnishing just analogies to regulate the practice. 
 
 157 
 
CERTIFICATE 
 
 State of Pennsylvania, 
 Eastern District : 
 
 I, ALFRED B. ALLEN, Deputy Prothonotary 
 of the Supreme Court, in and for the Eastern 'District, do hereby 
 certify that the above and foregoing is a true copy of the Equity 
 Rules, as adopted and promulgated July 6, 1911, as to be in 
 force from and after the first Monday of September, 1911. 
 
 In Testimony Whereof I have here- 
 unto set my hand and affixed the seal 
 of said Court at Philadelphia, this 12th 
 day of January, A. D. 1912. 
 
 ALFRED B. ALLEN, 
 
 Deputy Prothonotary 
 
 159 
 
INDEX 
 
 TO 
 
 RULES OF EQUITY 
 
 ADVERTISEMENTS— RULE 
 
 For service by publication 12 
 
 AFFIDAVITS— 
 
 See depositions. 
 
 For service by publication 12 
 
 Of service of notice to be filed 13 
 
 To demurrers 32 
 
 Before whom to be sworn 41 
 
 Upon making amendments 49 
 
 To be divided into paragraphs 57 
 
 To be expressed in first person 57 
 
 Upon proceedings for injunctions 81 
 
 For enforcement of decrees 88 
 
 Upon petition for rehearing 91 
 
 AMENDMENTS— 
 
 Rules • 48-53 
 
 Of pleadings to be printed 14 
 
 To amend bill as to parties 27 
 
 After hearing demurrer 35 
 
 When allowable 47-53 
 
 Before answer or demurrer 48 
 
 Notice of 48-49 
 
 After replication 49 
 
 Affidavit for 49 
 
 Abandonment of right 50 
 
 Demurrer or answer to amended bill 51 
 
 161 
 
162 INDEX TO RULES OF EQUITY 
 
 AMENDMENTS (.Continued)— RULE 
 
 To answers 52 
 
 To add new parties 53 
 
 As bill of revivor or supplemental bill 53 
 
 Of decrees and orders 90 
 
 ANSWERS— 
 
 See Exceptions, Pleading. 
 
 Rules 37-45 
 
 Rule to appear and answer to be endorsed on bill. . . 4-5 
 
 Form of notice 4-5 
 
 Extension of time 6 
 
 Decree pro confesso for want of 13 
 
 By parties against whom no direct relief is sought. . 18 
 
 Rule to file 29 
 
 After attachment 29 
 
 Compelling by process of contempt 29 
 
 After decree pro confesso 30 
 
 After hearing on demurrer 36 
 
 Paragraphs 37 
 
 Requisites of 37 
 
 To be in first person 37 
 
 To interrogatories 38-39 
 
 Interrogatories in support of 38-39 
 
 Before whom to be sworn 41 
 
 Exceptions 42 
 
 After allowance of exceptions 44 
 
 Attachment to compel better answer 44 
 
 Amendments to 51-52 
 
 APPEALS— 
 
 Matters excepted to only assignable for error on ap- 
 peal 67 
 
 From decrees upon reports of referee 69 
 
 Former Rule 92 annulled Sept. 4, 191 1 (see last page 
 of rules) . 
 
INDEX TO RULES OF EQUITY 163 
 
 APPEARANCE^ RULE 
 
 Form of notice 4 
 
 Notice requiring to be endorsed on bill 4 
 
 Effect of default 5-13 
 
 Decree pro confesso for want of appearance and 
 
 answer 13 
 
 Of defendant to be by paper filed and noted upon 
 
 docket 13 
 
 By parties against whom no direct relief is sought. . 18 
 
 Substituted parties 53 
 
 Upon hearing of interlocutory proceedings 74 
 
 ARGUMENTS— 
 
 See Trial. 
 
 Upon objections to bill for want of parties 27 
 
 Upon entry of decree pro confesso 29 
 
 Upon demurrers 33, 60 
 
 Upon exceptions to answers 43 
 
 Upon exceptions to commission to take testimony.. 55 
 
 Upon exceptions to findings of trial judge 66 
 
 Upon exceptions to referee's report 69 
 
 Lists, how prepared 60, 73 
 
 ASSESSORS— 
 
 When to be appointed ; compensation 71 
 
 ASSIGNMENTS OF ERROR— 
 
 Old Rule 92 annulled Sept. 4, 191 1. 
 
 Upon appeals to Supreme or Superior Court 67 
 
 ASSISTANCE— 
 
 Enforcements of decrees by writ of assistance 86-87 
 
 ATTACHMENTS— 
 
 See Sequestration. 
 
 For want of appearance and answer 13 
 
 To compel discovery 29 
 
 To compel answer to interrogatories 38 
 
 To compel better answer 44 
 
 For costs 80 
 
 For enforcement of decrees 86-87-88 
 
164 INDEX TO RULES OF EQUITY 
 
 BILLS IN EQUITY— 
 
 See Parties. RULE 
 
 Suit pending only when bill actually filed 3 
 
 Printing 3, 14 
 
 Endorsement of filing 3 
 
 Service 4-8-12 
 
 Notice to appear and answer to be endorsed thereon. 4-5 
 
 Structure of 15-17 
 
 Averments as to infants, persons non sui juris and 
 
 non-residents ig-20 
 
 Dismissal of. Rights of parties as to 28 
 
 Amendments 47-53 
 
 BILLS OF REVIVOR— 
 
 Amendment in lieu of 53 
 
 COMMONWEALTH— 
 
 Service upon 10 
 
 CONTEMPT— 
 
 Process of 29 
 
 CONTINUANCES— 
 
 Allowance of 61 
 
 Costs of 61 
 
 CORPORATIONS— 
 
 Service upon 10 
 
 COSTS— 
 
 See fees. 
 
 Of printing bills, pleadings and amendments 14 
 
 Of printing, poverty of party 14 
 
 Upon finding of impertinence and scandal in bill. ... 15 
 
 Of party against whom no direct relief is sought. ... 18 
 
 Upon entry of decree of dismissal by agreement. ... 28 
 
 Upon exceptions 43 
 
 Of postponements and continuances 61 
 
 Of assessors 7^ 
 
 In interlocutory proceedings 80 
 
 Executions for collection 80 
 
 Upon enforcement of decrees 88 
 
INDEX TO RULES OF EQUITY 165 
 
 COURTS OF EQUITY— RULE 
 
 Always open for certain purposes i 
 
 Prothonotary's office to be daily open during office 
 
 hours 2 
 
 Regulation of trials 58-68 
 
 Court in banc to file opinion upon refusal to change 
 
 decree of dismissal 68 
 
 May make other and further rules 93 
 
 CROSS BILLS— 
 
 See Answers. 
 
 Answers and cross bills 37-41 
 
 Against several persons as principals and sureties. . 25 
 When defendant may file, where there are joint and 
 
 several demands 25 
 
 When allowed. Requisites of 40 
 
 Service 40 
 
 Cross bills for discovery only not to be filed 40 
 
 DEATH— 
 
 Amendments and substitution of personal represen- 
 tatives 53 
 
 DECREES— 
 
 See Attachment, Execution. 
 
 Rules 83-90 
 
 Pro confesso form of notice to appear and answer. . . 4-5 
 Decree pro confesso for want of appearance and 
 
 answer 13 
 
 To be without prejudice to the rights of absent par- 
 ties 21-22 
 
 Saving right of absent parties 26 
 
 Of dismissal by agreement 28 
 
 Pro confesso, rules for 29-36 
 
 Decree nisi 63 
 
 Power of referees to make 69 
 
 Form of decrees 83 
 
 Solicitors to draw and give notice 84 
 
166 INDEX TO RULES OF EQUITY 
 
 DECREES {Continvrd') — RULE 
 
 Exceptions to decrees 84 
 
 Indexing of decrees 85 
 
 Rights of persons not parties to enforce 89 
 
 Correction of mistakes 90 
 
 Final decree where no exceptions 65 
 
 Enforcement of 86-89 
 
 Upon rehearing 91 
 
 DEMURRERS— 
 
 See Pleading. 
 
 Rules as to 29-36 
 
 Time for filing 29-31 
 
 Rule to answer or demur 29 
 
 As to part of bill 31-32-34 
 
 Form of 32 
 
 Affidavit to 32 
 
 Argument upon 33 
 
 Scant or redundant demurrers 34 
 
 Amendment of bill after hearing 35 
 
 Allowance and disallowance 35"36 
 
 Frivolous demurrers 36 
 
 Answer after hearing 36 
 
 To amendments 51 
 
 DEPOSITIONS— 
 
 See Affidavits, Evidence. 
 
 De bene esse, ancient, infirm and going witnesses... -54-57 
 
 DISCOVERY— 
 
 Attachment for 29 
 
 Interrogatories to be filed instead of cross-bill 40 
 
 DISMISSAL— 
 
 See Decrees. 
 
 For failure to print injunction bills 14 
 
 For want of parties 26 
 
 By agreement of parties 28 
 
 Courts in banc to file opinion upon refusal to change 
 
 decree of dismissal 68 
 
INDEX TO RULES OF EQUITY 167 
 
 DISSOLUTIONS— RULE 
 
 See Injunctions. 
 
 DOCKETS— 
 
 See Prothonotary. 
 
 Entries to be made in 13 
 
 To be open to inspection of parties 75 
 
 Entry of interlocutory orders 75-77 
 
 Indexing decrees 85 
 
 DWELLING HOUSE— 
 
 Service of bill at dwelling house of defendant 8 
 
 EQUITY TRIAL LIST— 
 
 How prepared 60, 73 
 
 EVIDENCE— 
 
 See Trial. 
 
 Rules 54-59 
 
 Ancient, infirm and going witnesses 54 
 
 De bene esse 54 
 
 Commission — Interrogatories S4-56 
 
 Depositions and affidavits to be in first person and 
 
 divided into paragraphs 57 
 
 Interlocutory applications 58 
 
 Witnesses to testify in open court 58 
 
 Office of examiner discontinued 59 
 
 Upon proceedings for injunctions 58, 81 
 
 Rules for taking testimony 59 
 
 EXAMINERS— 
 
 Office discontinued except as provided by statute. ... 59 
 
 EXCEPTIONS— 
 
 For impertinence and scandal iS, 45 
 
 To answers 42-45 
 
 When to be filed , 42 
 
 Hearing upon • ■ • 43 
 
 Exceptions to be printed. Expense allowed as costs. 43 
 Answer after exceptions are sustained 44 
 
168 INDEX TO RULES OF EQUITY 
 
 EXCEPTIONS ^Continued') RULE 
 
 Upon commission to take testimony 55 
 
 After decree nisi 64 
 
 Objections waived by failure to file exceptions 65 
 
 Hearing by court in banc 66 
 
 Matters excepted to only assigiiable for error on ap- 
 peal 67 
 
 To referees : 6g 
 
 To decrees 84 
 
 EXECUTIONS— 
 
 See Decrees. 
 
 For collection of costs 80 
 
 Enforcement of decrees 86-88 
 
 Writs of assistance 86-87 
 
 As to persons not parties 89 
 
 EX PARTE— 
 
 Proceedings after decree pro confesso 29 
 
 FEES— 
 
 Of referees 70 
 
 FINAL PROCESS— 
 
 See Decrees. 
 
 General rules 83-90 
 
 FINDINGS OF FACT AND LAW— 
 See Trial. 
 
 Procedure. Requests. Record 62 
 
 Procedure before referees 69 
 
 FORMA PAUPERIS— 
 
 Printed pleadings, when dispensed with 14 
 
 GENERAL PROVISIONS— 
 
 Courts to be always open for certain purposes i 
 
 Prothonotary's office to be daily open in office hours. 2 
 , Rules not inconsistent herewith can be made by 
 
 Court 93 
 
 , English Chancery practice when applicable 94 
 
INDEX TO RULES OF EQUITY 169 
 
 GOING WITNESSES— RULE 
 
 Depositions of 54 
 
 GUARDIAN AD LITEM— 
 
 Appointment of, Suits by and against 7 
 
 HUSBAND AND WIFE— 
 
 As parties. Service upon 9 
 
 IMPERTINENCE— 
 
 Exceptions for I5> 4S 
 
 INDEX— 
 
 See Judgment Index. 
 
 INFANTS— 
 
 Suits by or against 7 
 
 Guardian ad litem 7 
 
 Averments in bill as to infants and persons non sui 
 
 juris 19 
 
 INFIRM WITNESSES— 
 
 Depositions of • . . 54 
 
 INJUNCTIONS— 
 
 Printed bills to be filed within twenty days 14 
 
 When unprinted bill allowed 14 
 
 When witnesses to testify in open court 58, 81 
 
 Preliminary 81 
 
 Cautionary orders, ex-party injunctions 82 
 
 Dissolution 81-82 
 
 INTERLOCUTORY ORDERS— 
 
 Rules 74-80 
 
 When and how made 74 
 
 When to be entered on prothonotary's docket 75 
 
 Motions of course 7^ 
 
 Motions to be made at chambers 77 
 
 Extension of time 78 
 
 Vacation in Philadelphia. 79 
 
 Costs 80 
 
 - When witnesses to testify in open court 58 
 
170 INDEX TO RULES OF EQUITY 
 
 INTERROGATORIES— RULE 
 
 In support of answer 38 
 
 Not to be inserted in bill 38 
 
 To be divided and numbered and address noted 38 
 
 Attachment to compel answer 38 
 
 Answers to 38-39 
 
 Instead of cross-bill for discovery 40 
 
 Exceptions 42 
 
 Commission de bene esse 54-57 
 
 Form of, upon commission 56 
 
 JOINT AND SEVERAL DEMANDS— 
 
 Suits on, procedure, practice 25 
 
 JUDGMENTS— 
 See Decrees. 
 Pro confesso 4, 5 
 
 JUDGMENT INDEX— 
 
 Entry and indexing of decrees 85 
 
 JURY— 
 
 Issue, when awarded 72 
 
 Form of verdicts 72 
 
 XETTERS ROGATORY— 
 
 See Evidence. 
 
 MASTERS— 
 
 Office discontinued except in proceedings for enforce- 
 ment of decrees, etc 60 
 
 MISTAKES— 
 
 Corrections of in decrees 90 
 
 MOTIONS— 
 
 Motions and applications, when of course — Notice. . .76-77 
 
 NEWSPAPERS— 
 
 Service by publication 12 
 
 UON-RESIDENTS— 
 
 Service upon 9, 1 1, 12 
 
INDEX TO RULES OF EQUITY 171 
 
 NOTICE^ RULE 
 
 To appear and answer to be endorsed on bill 4-5 
 
 Form of notice 4-5 
 
 Of application for extension of time to answer 6 
 
 Service of bill and notice 8-12 
 
 Affidavits of service 13 
 
 Of argument upon demurrer 33 
 
 Of amendments 48, 49 
 
 Of depositions 54 
 
 Upon exceptions to commission to take testimony. . . 55 
 
 Upon decree nisi 63 
 
 Notices to be given by referees 69 
 
 Of issues to be tried by jury 72 
 
 Extension of time, application for 78 
 
 All notices shall be in writing 75 
 
 Interlocutory orders 74, 75, 76, 77, 78 
 
 Of taking testimony in injunction proceedings 81-82 
 
 Of submitting draft of decree 84 
 
 Of decrees 88 
 
 OATHS— 
 
 See Affidavits. 
 
 OPINIONS— 
 
 Court in banc to file opinion upon refusal to change 
 
 decree of dismissal 68 
 
 ORDERS— 
 
 See Decrees. 
 
 PARTIES— 
 
 Rules as to 18-28 
 
 Guardian ad litem, when to be appointed 7 
 
 Suits of infants by their prockein ami 7 
 
 Husband and wife. Service upon 9 
 
 Non-residents. Service upon 9-12 
 
 Poverty of parties, excuse for not printing bill 14 
 
 Parties against whom no direct relief is sought 18 
 
172 INDEX TO RULES OF EQUITY 
 
 PARTIES {Continued) — RULE 
 
 Infants. Averments as to infants and persons non sui 
 
 juris 19 
 
 Persons who cannot be made parties by joinder with- 
 out ousting the jurisdiction 21 
 
 Persons without the jurisdiction 20-21 
 
 When very numerous 22 
 
 Suits relating to real estate vested in trustees 23-24 
 
 Where there are joint and several demands against 
 
 several persons as principals 25 
 
 Introduction of new parties — Service upon counsel. . 40 
 When defendant may file cross-bill where there are 
 
 joint and several demands 25 
 
 Objection to suit, as defective for want of 25-26-27 
 
 Substitution by amendment S3 
 
 Right to inspect dockets 75 
 
 Persons not parties, enforcement of decrees by and 
 
 against 89 
 
 PHILADELPHIA— 
 
 Practice as to vacations 79 
 
 PLEADINGS— 
 
 See Bills in Equity, Amendments, Answers, Cross-bills, 
 
 Decrees, Demurrers. 
 
 To be printed 3, 14 
 
 Unprinted injunction bills 14 
 
 Each party to have ten copies. 14 
 
 Averments necessary in bill IS-I? 
 
 Poverty of parties, excuse for not printing 14 
 
 Structure of bills 15-17 
 
 Impertinence and scandal, exceptions for 15, 45 
 
 Cross-bills 40 
 
 PRACTICE— 
 
 See Amendments, Answers, Cross-Bills, Bills in 
 Equity, Courts, Decrees, Demurrers, Notice, 
 Parties. 
 
174 INDEX TO RULES OF EQUITY 
 
 PROTHONOTARY— (^Continued)— RULE 
 
 Motions and applications grantable of course subject 
 
 to alteration by the court on cause shown 76 
 
 Entry of decrees 84 
 
 Issuing writ of assistance 87 
 
 PUBLICATION— 
 
 Service by. Act April 6th, 1859, P. L. 387 12 
 
 REAL ESTATE— 
 
 Suits concerning 23-24 
 
 REMEDY AT LAW— 
 
 Formal averment to be omitted 17 
 
 RECEIVERS— 
 
 When witnesses to testify in open court 58 
 
 REFEREES— 
 
 Appointment and proceedings 69 
 
 Fees 70 
 
 RECORDS— 
 
 See Prothonotary. 
 
 Of filing bill 3, 13 
 
 Of affidavits of service 13 
 
 Of appearances 13 
 
 Of objections for want of parties 27 
 
 Agreements for dismissal of bill 28 
 
 Findings of fact and law 62 
 
 Findings and decrees of referees 69 
 
 Decrees and orders , 13-65-75-8 1 
 
 Of writs of assistance 87 
 
 REHEARING— 
 
 Petition for and allowance of 91 
 
 REPLICATIONS— 
 
 Rules 46, 47 
 
 When filed 39-46 
 
 Form of • • 46 
 
 Failure to file 46 
 
 No special replication allowed 47 
 
INDEX TO RULES OF EQUITY 175 
 
 RULES— RULE 
 
 To file answer or demurrer 29 
 
 To take testimony 54, 59 
 
 When courts may make 93 
 
 SCANDAL^ 
 
 Exceptions for 15, 45 
 
 SECURITY— 
 
 When required of guardians ad litem 7 
 
 Upon injunctions 81-82 
 
 SEQUESTRATION— 
 
 For costs 8b 
 
 When writ issues 86-88 
 
 SERVICE— 
 
 Of bill 4, 8-12 
 
 In special cases 8 
 
 Upon husband and wife 9 
 
 Upon corporations 10 
 
 Upon Commonwealth 10 
 
 Upon non-residents under the Act of April 6th, 1859, 
 
 P. L. 387 9-12 
 
 By publication 12 
 
 Affidavits of service to be filed 13 
 
 Infants and parties non sui juris 19 
 
 Of rule for argument upon demurrer 33 
 
 Cross-Bills 40 
 
 Of copy of decree 84 
 
 SPECIAL ORDERS— 
 
 For service upon non-residents 11 
 
 For service by publication. Act of April 6th, 1859, 
 
 P. L. 387 11-12 
 
 STRUCTURE OF BILL— 
 
 See Pleadings, Bills in Equity, Exceptions, Costs, 
 
 Parties, Appearance. 
 Rules 15-17 
 
176 INDEX TO RULES OF EQUITY 
 
 SUBPOENAS— RULE 
 
 Upoa non-residents under Act of April 6th, 1859, 
 . . P. L. 387 11-12 
 
 SUITS— 
 
 Pending only when bill actually filed 3 
 
 . By or against infants 7 
 
 time- 
 To appear and answer. 4-5 
 
 Extension of 6 
 
 Vacation in Philadelphia, suspends rules and orders 79 
 
 TRIAL— . . 
 
 See Trial by Jury. 
 
 Rules 58-68 
 
 Hearings, how conducted 60 
 
 Listing of cases at issue 60 
 
 Similarity to trial at law 61 
 
 Continuances 61 
 
 Findings of fact and law 62 
 
 Decree wm 63 
 
 Exceptions after decree 64 
 
 Final decree to be entered where no exceptions filed, 65 
 
 Hearing on exceptions by court in banc 66 
 
 Matters excepted to only assignable for error on ap- 
 peal , 67 
 
 TRIAL AND ARGUMENT LISTS— 
 
 Listing of cases at issue 60 
 
 To be regulated by order of Court y^ 
 
 TRIAL BY JURY— 
 
 Issue, when awarded 72 
 
 TRUSTS— 
 
 Suits relating to— Parties — Beneficiaries and heirs 
 
 not necessary parties 23-24 
 
 VACATION— 
 
 In Philadelphia, suspends rules and orders 79 
 
INDEX TO RULES OF EQUITY 177 
 
 VERDICTS— RULE 
 
 Form of verdict, when case is tried by jury 72 
 
 WILLS— 
 
 Suits relating to — Parties 23-24 
 
 WITNESSES— 
 
 See Evidence. 
 
 Ancient, infirm and going witnesses 54 
 
 When to be produced in open Court S8 
 
 Upon proceedings for injunction 8i 
 
 WRITS— 
 
 See Attachment, Subpoena. 
 
 « 
 
 Of assistance 86-87 
 
 Sequestration 86-88 
 
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