REGISTER OF THE JUDICIARY
JUDICIARY
SUPREME COURT OF IOWA
Term Expires
* William D. Evans, of Hampton, Franklin
county
December 31, 1910
Associate Justices:
Horace E. Deemer, of Red Oak, Montgomery
county..................................................................December
31, 1910
John C. Sherwin, of Mason City, Cerro Gordo
county.................................................................December
31, 1912
Emlin McClain, of Iowa City, Johnson
county...............................................................................December
31, 1912
Silas M. Weaver, of Iowa Falls, Hardin
county.............................................................................December
31, 1914
Clerk of Supreme Court:
Henry L. Bousquet, of Knoxville, Marion
county................................................................................January,
1911
Deputy Clerk of Supreme Court:
Thomas H. Grubb, of Columbus Junction, Louisa
county....................................................................January,
1911
Reporter of Supreme Court:
Wendell W. Cornwall, of Spencer, Clay
county.................................................................................January,
1911
Baliff of Supreme Court:
Burr P. Kirk, of Mason City, Cerro Gordo County
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DEPARTMENT OF ATTORNEY-GENERAL
Attorney-General:
Howard Webster Byers, of Harlan, Shelby
county.............................................................................January,
1911
Assistant Attorney-General:
Charles W. Lyon, of Valley Junction, Polk county
________________
SUPREME COURT OF IOWA
ORGANIZATION
The supreme court consists of six judges,
four of whom constitute a quorum for the transaction of
business, but one alone may adjourn from day to day, or to a
particular day, or until the next term.
The judge whose term first expires is the chief justice,
and so on in rotation, except when the term of two of the
justices expire at the same time the senior in age serves
first as chief justice.
JURISDICTION
The supreme court has appellate
jurisdiction only in cases in chancery and constitutes a court
for the correction of errors at law. It has appellate
jurisdiction over all judgments and decisions of all courts of
record, except as otherwise provided by law.
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* Mr. Justice Deemer will serve as chief justice during the
year 1910.
An appeal may also be taken to the
supreme court from:
1. An order made affecting a substantial right in an
action, when such order, in effect, determines the action and
prevents a judgment from which an appeal might be taken;
2. A final order made in special actions affecting a
substantial right therein, or made on a summary application in
an action after judgment;
3. An order which grants or refuses, continues or
modifies a provisional remedy; grants or refuses, dissolves or
refuses to dissolve an injunction or attachment; or grants or
refuses a new trial; or sustains or overrules a demurrer;
4. An intermediate order involving the merits or
materially affecting the final decision;
5. An order or judgment on habeas corpus;
If any of the above orders or judgments are made or
rendered by a judge, the same are reviewable, the same as if
made by a court.
The supreme court has power to issue all writs and
processes necessary to secure justice to parties, and to
enforce its appellate jurisdiction, and it may exercise
supervisory control over all inferior judicial tribunals.
It may enforce its mandates upon inferior courts and
officers by fine and imprisonment, which imprisonment may
continue until its mandates are obeyed.
TERMS.
There are three regular terms in each
year, held as follows, to wit: The first term beginning with
the second Tuesday in January and ending with the first Monday
of May; the second beginning with the first Tuesday after the
first Monday of May and ending with the third Monday of
September, and the third beginning with the first Tuesday
after the third Monday of September and ending with the third
Saturday of December.
The time allotted to each term is divided as nearly as
practicable into periods of four weeks each, the first part of
each period is devoted to the argument and submission of
cases, and the second to consultation and the preparation of
opinions. Cases assigned for each period are called in their
order as shown on the term docket, but no more submissions are
taken for one period than in the judgment of the court can be
properly considered and determined before the next succeeding
session. All causes on the docket are heard at each term
unless continued or otherwise disposed of by order of court.
The regular public sessions of the court are held in the
supreme court room at the capitol, commencing at 9 o'clock
A.M. standard time. On Tuesday and Friday of the first and
second week of each four weeks' period submission of motions
are taken before calling the calendar. Motions noticed for a
day when the court is not sitting are taken on the next motion
day on which the court sits.
Judgments of affirmance, rulings and orders in causes
submitted and order authorized by law may be made and entered
by court at any time regardless of the term of court.
APPEALS IN CIVIL CASES.
Appeals from the superior and district
courts may be taken to the supreme court at any time within
six months from the rendition of the judgment or order
appealed from, and not afterwards. No appeal shall be taken in
any cause in which the amount in controversy between the
parties, as shown by the pleadings does not exceed one hundred
dollars, unless the trial judge shall, during the term in
which judgment is entered, certify that the cause is one in
which the appeal should be allowed, and upon such certificate
being field the same shall be appealable regardless of the
amount in controversy, but this limitation shall not affect
the right of appeal in any action in which an interest in real
estate is involved, nor shall the right of appeal be affected
by the remission of any part of the verdict or judgment be
returned or rendered.
APPEALS IN CRIMINAL CASES.
Appeals from the final judgment of the
district court may be taken in all criminal cases within six
months after the judgment is rendered; and either the
defendant or the state may appeal. Upon appeal the supreme
court may affirm reverse or modify the judgment or render such
judgment as the district court should have done. It may order
a new trial or reduce the punishment, but cannot increase it.
If the state appeals, the court cannot reverse or modify the
judgment so as to increase the punishment, but may affirm it
and shall point out any error in the proceedings and its
decision shall be obligatory as law.
SALARY.
The salary of each justice is six
thousand dollars ($6,000) a year. Each general assembly also
appropriates sufficient funds for the payment of
stenographers, bailiff and such other incidental expenses as
may be incurred by the court. |
