NORTHWESTERN REPORTER, VOLUME 186 JUDGES OF THE COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME COURT RULES STATUTES AND RULES REGULATING PRACTICE IN THE SUPREME COURT OF IOWA Revised and Adopted at the September Term, 1910, to Take Effect I. ORGANIZATION. Section 1. The Supreme Court shall consist of seven 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. [Code, § 193.] Sec. 2. The judge whose term of office will soonest expire shall be Chief Justice and when it occurs that two judges shall be equally entitled, they shall each hold the place of Chief Justice for one year, and the one who is senior in age shall hold for the first of the two years to which they are each equally entitled; and at the session of the Supreme Court next preceding the commencement of the first of the said two years, the Supreme Court shall cause a record to be made as to who shall be Chief Justice for the year next ensuing. [Code Supp. § 1066.] II. JURISDICTION. 4. An intermediate order involving the merits or materially affecting the final decision; 5. An order or judgment on habeas corpus. [Code, § 4101.] Sec. 6. If any of the above orders or judg. ments are made or rendered by a judge, the same are reviewable, the same as if made by a court. [Code, § 4102.] Sec. 7. 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. [Const. art. 5, § 4; Code, § 4109.] Sec. 8. It may enforce its mandates upon inferior courts and officers by fine and imprisonment, which imprisonment may continue until its mandates are obeyed. [Code, § 4147.] III. TERMS. Sec. 9. There shall be three regular terms Sec. 3. The Supreme Court shall have ap- in each year, to be held as follows, to-wit: pellate jurisdiction only in cases of chancery The first term beginning with the second and shall constitute a court for the correc- Tuesday in January and ending with the tion of errors at law. [Const. art. 5, § 4.] first Monday of May; the second beginning Sec. 4. It has appellate jurisdiction over with the first Tuesday after the first Monday all judgments and decisions of all courts of | of May and ending with the third Monday record, except as otherwise provided by law. of September; and the third beginning with [Code, 4100.] the first Tuesday after the third Monday of Sec. 5. An appeal may also be taken to the September and ending with the third SaturSupreme 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; day of December. [Code Supp. § 192a.] Sec. 10. The time allotted to each term shall be divided as nearly as practicable into periods of four weeks each, the first part of each period to be devoted to the argument and submission of cases, and the second to consultation and the preparation of opinions. Cases assigned for each period shall be called in their order as shown on the term docket, but no more submissions shall be taken 3. An order which grants or refuses, con- for any one period than in the judgment of tinues or modifies a provisional remedy; the court can be properly considered and grants or refuses, dissolves, or refuses to determined before the next succeeding sesdissolve an injunction or attachment; or sion. All causes on the docket shall be grants or refuses a new trial; or sustains or heard at each term unless continued or othoverrules a demurrer; erwise disposed of by order of court. [Acts 29th Gen. Assem. c. 12, §§ 2, 3, and 4, and | from the same, or from some specific part Code, 192.] Sec. 11. The regular public sessions of the court will be 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 will be taken before calling the calendar. Motions noticed for a day when the court is not sitting will be taken on the next motion day on which the court sits. [Old Rules § 11; Acts 29th Gen. Assem. c. 12, §§ 2, 3, 4, and 5.] Sec. 12. Judgments of affirmance, rulings and orders, in causes submitted and orders authorized by law, may be made and entered by the court at any time regardless of the terms of court. [Code, § 192.] IV. APPEALS. thereof, defining such part. When such service cannot be made the trial court or judge on application, shall direct what notice shall be sufficient. [Code Supp. § 4114.] Sec. 18. A notice of appeal shall be served and return made thereon in the same manner as an original notice in a civil action, and filed in the office of the clerk of the court in which the judgment or order appealed from was rendered or made. All other notices connected with or growing out of the appeal shall be served and the return made in like manner, and filed in the office of the clerk of the Supreme Court, and all notices provided for in this section become a part of the record in the case on being filed. [Code, 4115.] Sec. 19. Notice of appeal shall not be held insufficient because served before the clerk Sec. 20. The attorneys and guardians ad litem of the respective parties in the court below, shall be deemed the attorneys and guardians of the same parties respectively in this court until others are retained or appointed, and notice thereof served on the ad Sec. 13. Appeals from municipal, superior of the trial court has spread the judgment and district courts may be taken to the Su-entry upon the court record if it shall appreme Court at any time within six months pear that such entry has been made in propfrom the rendition of the judgment or order er form before appellant's abstract was filed appealed from, and not afterwards. No ap- in the office of the clerk of the Supreme peal shall be taken in any cause in which the Court. [Acts 33rd Gen. Assem. c. 205.] 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 filed, the same shall be ap-verse party. [Old Rules, § 19.] pealable 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 returned or rendered. [Code, § 4110.] Sec. 14. A part of several co-parties may appeal; but in such case they must serve notice of appeal upon those not joining there in, and file proof thereof with the clerk of the Supreme Court. [Code, § 4111.] Sec. 15. Co-parties refusing to join in an appeal, cannot afterwards appeal, or derive any benefit therefrom, unless from the necessity of the case, but they shall be held to have joined, and be liable for their proportion of the costs, unless they appear and object thereto. [Code, § 4112.] Sec. 16. The death of one or all of the parties shall not cause the proceedings to abate, but the names of the proper persons shall be substituted, as is provided in such cases in the district court. The court may also, in such case, grant a continuance when such a course will be calculated to promote the ends of justice. [Code, § 4150.] Sec. 17. An appeal is taken and perfected by the service of a notice in writing on the adverse party, his agent, or any attorney who appeared for him in the court below, and also upon the clerk of the court wherein the proceedings were had, stating the appeal V. SUPERSEDEAS BONDS. Sec. 21. No proceedings under a judgment or order, nor any part thereof, shall be stayed by an appeal, unless the appellant execute a bond with one or more sureties to be filed with and approved by the clerk of the court in which the judgment or order was rendered or made, to the effect that he will pay to the appellee all costs and damages that shall be adjudged against him on the appeal; and will satisfy and perform the judgment or order appealed from, in case it shall be affirmed, and any judgment or order which the Supreme Court may render or order to be rendered by the inferior court, not exceeding in amount or value the original judgment or order, and all rents of or damages to property during the pendency of the appeal out of the possession of which the appellee is kept by reason of the appeal. the bond is intended to stay proceedings on only a part of the judgment or order, it shall be varied so as to secure the part stayed alone. When thus filed and approved, the clerk shall issue a written order requiring the appellee and all others to stay all proceedings under such judgment or order, or so much thereof as is superseded thereby, but no appeal or stay shall vacate or affect such judgment or order. [Code, § 4128.] If Sec. 22. If a party has perfected his appeal, and the clerk of the lower court refus (186 N.W.) es for any reason to approve the bond or re- | If the abstract is not so filed the case shall quires an excessive penalty or unjust or im- be docketed for the next succeeding term. proper conditions, he may apply to the dis- | [Code, §§ 4117, 4119; Old Rules, § 26.] trict court, or judge thereof, who shall fix the amount and conditions of the bond and approve the same. Pending the application, the judge may, by a written order, recall and stay all proceedings under the order or judgment appealed from, until the decision of the application. The bond thus approved shall be filed with the clerk, who shall issue a written order to stay proceedings. [Code, § and county from which the appeal is brought, 4132.] Sec. 23. The appellee may move the court rendering the judgment or making the order appealed from, or the Supreme Court or a judge of either court, if in vacation, upon ten days' notice in writing to appellant, to discharge the bond on account of defect in substance or insufficiency in security, which motion, if well taken, shall be sustained, unless appellant shall, within a day to be fixed in the order made and filed therein, give a new and sufficient bond as required by said order. If the new bond is not given, proceedings shall be had in the lower courts as though no bond had been given, but a new and sufficient bond may be given at any time with like effect and results` as though given in the first instance. [Code, § 4133.] Sec. 24. If the judgment or order is for the payment of money, the penalty shall be in at least twice the amount of the judgment and costs. If not for the payment of money, Sec. 28. Immediately after the time expires during which causes may be docketed for trial at a term of court, the clerk shall make and cause to be printed, without delay, the docket for the term, which shall give all causes, whether continuances or appearances, for trial at such term, which shall designate the number, the party appealing, the court the counsel of the parties, the period for which each cause is assigned for trial, whether noticed for oral argument and such other matter for the information of the court and attorneys as may be conveniently given. He shall forward to each judge of the court, to each attorney having causes at the term, and to the clerk of the district and superior courts of each county, a copy of said docket. [Old Rules, § 27.] VII. ADVANCING CAUSES. Sec. 29. If a cause involves the decision of which are likely to be lost or greatly impaira question of public importance, or rights ed by delay, the court will, in its discretion, upon motion supported by affidavit, order the submission of the cause at a term in advance of that at which it would otherwise be submitted. [Old Rules, § 28.] RECORDS. the penalty shall be sufficient to save the ap- VIII. ABSTRACTS, TRANSCRIPTS AND pellee harmless from the consequences of taking the appeal, but in no case shall the penalty be less than one hundred dollars. [Code Supp. § 4134.] VI. DOCKETING OF CAUSES. Sec. 25. A notice of appeal must be served thirty, and the cause filed and docketed fifteen days before the first day of the next term of the Supreme Court, or the same shall not be submitted at that term, unless the parties consent thereto. If the appeal is taken less than thirty days before the term, it must be so filed and docketed for the next succeeding term. [Code, § 4116.] Sec. 26. The cause on appeal shall be docketed as it was in the court below, and the party taking the appeal shall be called appellant, and the other party appellee. No case shall be docketed until the fees provided by law therefor have been paid. [Code, §§ 4108, 4121.] Sec. 27. The clerk shall docket the causes as they are filed in his office, and shall arrange and set a proper number for trial for each period of the term, placing together those from the same judicial district. No cause shall be docketed unless the abstract is filed fifteen days before the first day of the term at which the cause is set down for trial unless otherwise ordered by the court. Sec. 30. At least forty days before the first day of the term, appellant shall serve upon each appellee, or his attorney, a printed abstract of so much of the record as may be necessary to a full understanding of the questions presented for decision, which abstract shall be prepared as required by §§ 50, 51 and 52 of these rules. Appellant shall also, thirty days before the first day the term for which the cause is to be docketed for trial, file with the clerk twelve copies of said abstract. No cause shall be heard until forty days after such service and thirty days after such filing with the clerk, unless advanced by order of the court. In case of cross-appeals the party first giving notice of appeal shall, under this rule, be considered the appellant. [Old Rules, § 29.] Sec. 31. If it appear from an inspection of the abstract that the appellant has negligently or intentionally failed to comply with the rule requiring only so much of the record as may be necessary to a full understanding of the question presented for decision to be included therein, the court may, in its discretion, order a new abstract prepared in conformity with such rule or affirm the judgment of the lower court without considering the appeal. [Old Rules, § 30.] |