Rule 34. After a case has been decided, neither the record nor the opinion shall be taken from the office of the clerk, except by a judge of the court or by the official reporter; and the clerk is required to enforce this rule. Rule 35. When an appeal has been taken by a part of several co-parties, as authorized by section 551, 2 G. & H., 270,1 notice to the other co-parties when non-residents of the state may be given by publication, as provided in section 557, 2 G. & H., 272,2 in case of non-resident appellees; and a copy of such notice, with the proof of its publication, shall be filed with the clerk. Rule 36. (Adopted October 13th, 1875.) When it shall be discovered, or when objection shall be made, after a cause has been submitted, that the transcript is not legally certified, or that the clerk has not affixed his seal thereto, the appeal will not be dismissed for such reason, unless the appellant shall fail to remedy the defect within such reasonable time as the court may fix, according to 2 G. & H., 278,3 section 581, of which time he shall have notice from the clerk of this court. Rule 37. No motion for a certiorari to correct the record in a submitted cause will be entertained, unless the opposite party or his attorney shall have had ten days' notice in writing of the intended motion. Ordered, That the foregoing rules shall apply to all causes in this, court, now pending or hereafter to be commenced, except that steps already taken in any cause, in accordance with former rules, shall not be affected by these rules. All former rules of this court are hereby rescinded. 12 R. S. (1876) 239. VOL. I.-30 2 R. S. (1876) 242. $2 R. S. (1876) PART III. CHAPTER I. COMPLAINTS ON CONTRACT. ON PROMISSORY NOTES. No. 1. Payee against maker. 2. Indorsee against maker. 3. Indorsee against payee or other indorser. 4. Payee against maker of note made payable at a particular place. 5. Payee against maker of note payable after notice. 6. Against a maker of a note payable by installments where the whole sum is due. 7. By indorsee against indorser of a note payable in a bank in this state. 8. Against payee, being indorser, where the indorsee has used due diligence to collect from the maker. 9. By an intermediate indorser of a note payable at a private banker's, who has been compelled by his indorsee to take it up against his immediate or remote indorser. 10. By the indorsee against the indorser, where the maker is insolvent at the maturity of the note. 11. By indorsee against indorser of a note made, indorsed and payable in another state, where it is negotiable as an inland bill of exchange. 12. By the indorsee of a note payable and indorsed in another state under a peculiar statute making such notes negotiable, against the indorser. 13. By the payee against the maker of a note, of which the latter has obtained fraudulent possession. 14. By assignee against the maker of a note payable in bank, and lost before maturity. 15. By indorsee against the maker and two indorsers of a note payable in a bank in this state. 16. Payee against maker of a note made in another state, under a statute regulating the interest. 17. Accommodation indorser of a bill of exchange against the acceptor. 18. By the payee of a note payable in a bank in another state, but indorsed in this state, against the indorser, showing due diligence in endeavoring to collect from the maker, prosecuting him to insolvency. No. 19. Assignee of payee against the maker." 20. Assignee against maker. 21. Assignee of an administrator against the maker. 22. Assignee against maker. 23. Assignee of a corporation against the maker. 24. Another form of a like case. 25. Upon a note of which the payor has obtained possession without payment. 26. By husband and wife, on note payable to wife, before marriage, against the maker. 27. By a surviving payee against maker. 28. By the assignee of a bankrupt payee against the maker. 29. By executor or administrator of payee against maker. 30. Against husband and wife on a note made by the wife before marriage. ON BILLS OF EXCHANGE. 31. Indorsee against acceptor on a bill payable at banker's and not otherwise or elsewhere. 32. Drawer being payee against acceptor. 33. Indorsee against drawer or indorser on bill payable after sight. 34. By indorsee against drawer, indorsers and acceptor under the statute, upon either a foreign or an inland bill of exchange. 35. Indorsee against drawer in such case. 36. Indorsee against drawer on bill drawn and accepted, payable at a particular place. 37. Indorsee against drawer where notice of dishonor was not given or presentment made, but the drawer had no effects in the drawee's hands, etc. 38. Drawer against acceptor on bill accepted on a contingency. 39. Against drawer on default of payment, where the drawee could not be found. 40. Indorsee against indorser - default payment by drawer. 41. Drawer not being payee, and having taken up the bill, against ac 44. Payee against drawer — default acceptance. 45. Indorsee against drawer-default acceptance. 46. Indorsee against indorser-default acceptance. 47. Indorsee against drawer default payment by drawer. 48. By the accommodation acceptor against the surviving partner of the drawers, being a mercantile firm. 49. Accommodation payer against drawer. 50. By indorsee of a check against an indorser. 51. By payee of check against drawer. 52. Indorsee of check against indorser. CONTRACTS IN GENERAL. No. 53. By an executor for use and occupation, to recover a quarter's rent, where the testator died during the currency of the quarter. 54. By an executor or administrator on causes of action accruing to him after the death. 55. Another paragraph alleging the debt to be payable to the plaintiff for a consideration moving from the deceased. 56. On a guaranty for the price of goods to be supplied to a third person. 57. On a guaranty for the fidelity of a clerk or servant. 58. On defendant's promise to pay the debt of a third person in consideration that plaintiff would not sue him. 59. By the owner of a ship against the owner of goods on board for his proportion of general average loss accruing from injury done to the ship by the loss of an anchor, etc., cut away to preserve the ship and cargo, and expenses incurred in putting back to preserve the ship. 60. For not indemnifying a surety in a bond, in consequence of which the surety paid the bond to prevent a suit. 61. By an executor or administrator on causes of action accruing to the deceased, with an account stated with the plaintiff as executor. 62. Against a railway company for not safely keeping goods left in their custody at one of their stations. 63. Against a carrier for damages done to furniture in removing it. 64. Against a carrier for not delivering according to the directions of the plaintiff. 65. Against a forwarding office keeper for not taking care of goods, and safely delivering them to the proprietor of the wagon by which they were directed to be forwarded. 66. Against a railway company or other carrier under special contract, for nondelivery or loss of or injury to goods. 67. Against a carrier for carelessly delaying the carriage and delivery of a parcel. 68. Against a railway company or other common carrier for losing or in juring goods. 69. Against a railway company or other common carrier for not delivering goods within a reasonable time. 70. On a bond for a conveyance of real estate upon payment of the pur chase money. 71. On a mortgage bond, or other bond for the performance of covenants in another indenture, assigning a breach. 72. Upon the bond of a township trustee. 73. Upon the official bond of an auditor. 74. Upon the bond of the clerk of the circuit court 75. Upon the bond of a justice of the peace. 76. Upon a constable's bond for failure to pay over money or other breach of official duty. |