REGISTER OF THE JUDICIARY
Iowa Official Register 1909-1910

SUPREME COURT OF IOWA.
pgs. 131-132

CHIEF JUSTICES

                        * Resigned June, 1847. Joseph Williams appointed to fill vacancy.
                        + Resigned January 19, 1876; succeeded by William H. Seevers
                         # Resigned February 28, 1889; succeeded by Josiah Given

JUDGES OF THE SUPREME COURT

                       * Resigned October, 1847. George Greene appointed to fill vacancy.
                       + Resigned February 15, 1854. Jonathan C. Hall appointed to fill vacancy.
                       # Resigned May, 1856. Lacon D. Stockton appointed to fill vacancy.
                       ** Died June 9, 1860. George G. Wright appointed to fill vacancy.
                       ++ Resigned August 1870. James G. Day appointed to fill vacancy.
                       ## Resigned January 19, 1876. William H. Seevers appointed to fill vacancy.
                       *** Resigned February 28, 1889. William A. Miller appointed to fill vacancy.
                       +++ Resigned February 28, 1889. Josiah Given appointed to fill vacancy.
                       ! Resigned June 18, 1902. Charles A. Bishop appointed to fill vacancy.
                       !! Died July 9, 1908. William D. Evans appointed to fill vacancy.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

JUDICIARY
pgs. 253-255

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

________________

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.

______________
* 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.

Home to Iowa History Project | Iowa Register 1909-1910 Contents