AMENDMENTS TO RULES SUPPLEMENTAL RULES GOVERNING THE ORGANIZATION OF 1 THE SUPREME COURT OF IOWA 1 In pursuance of section 3 of chapter 22 of the Acts of the Thirty-fifth General Assembly, the Supreme Court have adopted the following additional rules: XXIII. DIVISION OF COURT. Sec. 111. Division of Court. From and after the beginning of the September term, A. D. 1913, the Supreme Court shall be divided into two divisions, to be known as the first and the second. Each division shall consist of three judges and the Chief Justice, who shall sit with each division in the consideration of all matters coming before either division. The personnel of the divisions shall not be permanent, but may be changed from time to time, by the Chief Justice, as exigencies may arise, or, by affirmative vote of a majority of the judges. The personnel of the divisions shall be changed at least once a year. of, or at any time prior thereto, when it becomes apparent that any matter is for hearing by the full bench, any cause or any motion or other matter, may be assigned for the last period of each term. Passing of Cases to Another Period. All cases or other matters passed to another period shall go to and be heard by the division to which the cause was originally assigned; and causes or other matters "passed to last period" shall also be heard by the division to which the case was originally assigned, save where the matter is for the full bench, when it shall be passed to the last period and be heard at that time. Motion Days. Tuesday and Friday of each period or subdivision thereof, shall be "motion days" for the submission of motions to the proper division of the court, or to the full bench. Sec. 114. Constitutional Questions. All cases involving constitutional questions shall be heard by the full bench; and the Chief Justice may order any case to be so submitted. Sec. 113. Sessions of Court. Each term Difference of Opinion. Should there be a shall be so divided into periods as that, the difference of opinion among the members of last shall be for the consideration, by the either division as to how a case should be full bench, of all motions, cases on original decided, or as to the facts or the rules of submission, petitions for rehearing, and oth-law applicable thereto, any member of that er matters properly referable thereto; and, all other periods shall be so divided that one division shall sit on the first Tuesday of the period for the submission of such motions, cases, and petitions for rehearing and other matters, as may be assigned to it, and the other shall sit for the hearing of matters assigned to it, on the second Tuesday of each period. And, to equalize the work, cases assigned for each period shall be divided, as nearly as practicable, into two equal parts, save that all cases and other matters for consideration by the entire bench, shall be assigned for the last period of the term. Hearing by Full Bench. Upon call of the docket for any period or any division there division, or the Chief Justice, on his own motion, may call in the other division and the division thus called in, shall consider the case and take part in the decision. And, if a difference of opinion should arise upon the disposition of a motion, the Chief Justice shall call in the other division, which shall take part in the determination thereof. Dissent. Any member may note his dissent from, or special concurrence in any opinion filed by either division, or by the full bench. Sec. 115. Disqualification. Should a member of a division get behind with his work for any reason, or be disqualified from sit 1 For sections 1-110, see 128 N. W. v. Sec. 119. Each and every opinion filed shall show, on Judges Participating Stated. its face, what judges participated therein. ting in any cause, the Chief Justice may call | full bench, all under the orders and direcin a Judge from another division who is up tions of the Chief Justice. with his work, to sit in place of the one who is behind, or disqualified, and may also, in the event an entire division gets behind, make such a division of the cases for any period as will equalize matters between the two divisions. Sec. 116. Succession of Justices. Where a Chief Justice retires and is re-elected, he shall take his place with the division from which his successor comes, and, if a new man takes his place, he too, shall be assigned to the division from which the then Chief Justice is taken. Sec. 117. Assignment of Work. As the Chief Justice is to preside over each division, allowance shall be made therefor in the assignment of cases for opinions, and such credit given as will equalize the work as nearly as possible. Sec. 118. Making up Docket. The clerk, in making up the term dockets and the assignments for the several periods, shall make the same in accord with these rules and so assign motions and petitions for rehearing as that the same will be submitted to and reach the proper divisions. Assignment shall also be made of all motions, cases for original submission, and petitions for rehearing which are to go to the Sec. 120. Consultation. Consultation may be had between the divisions at any time up on submission, or upon petitions for rehearing, cases pending on motion, for original upon request of any member of the court. Sec. 121. Submission Prior to September Term. Cases submitted prior to the September, 1913, term, shall be decided by the full bench and petitions for rehearing in cases heretofore or hereafter decided by the full bench, shall be submitted to the full bench. Sec. 122. Rules Supplemental. These rules shall be regarded as supplemental to those now in force and be treated as amendatory thereto; and no prior rule or decision applicable thereto shall be regarded as repealed, save it be inconsistent herewith and then only to the extent of such inconsist ency. Sec. 123. Rules in Effect. These rules shall go into effect on September 1, 1913, and may be changed at any time upon majority vote of the entire membership of the bench. B. W. GARRETT, Clerk. Des Moines, Iowa, September 1, 1913. Chicago & N. W. R. Co., Gray v. (Wis.).. 505 Dessert's Estate, In re (Wis.). Des Moines Life Ins. Co., Beidenkopf v. (Iowa) 434 647 54 Detroit, G. H. & M. R. Co., Wallace v. (Mich.) 558 67 Detroit River Transit Co. V. Aldrich (Mich.) 373 Detroit Steering Wheel & Windshield Co., 742 Detroit Trust Co. v. C. C. Wormer Machinery Co. (Mich.). 87 Citizens' Tel. Co., Hoben v. (Mich.). ..1070 City of Ashland, Warner v. (Wis.). 770 V. 134 City of Flint, Berston v. (Mich.). City of (Minn.) 207 City of Cedar Rapids, Sloan v. (Iowa).... 970 City of Jefferson, Smith v. (Iowa). 673 Detroit United Ry., Fuller v. (Mich.). Detroit United Ry., Rahaley v. (Mich.)...1099 Detroit United Ry., Richardson v. (Mich.) 369 Detroit United Ry., Sailsky v. (Mich.).... 351 Detroit United Ry., Wingert v. (Mich.)...1063 Detroit & M. R. Co., Richardson v. (Mich.) 832 Devaney v. Ancient Order of Hibernians Life Ins. Fund (Minn.). Devlin v. Le Tourneau (Minn.). 51 Dickinson v. Johnson (Iowa). 549 Dietrich, Farrell v. (Neb.). 576 Dillenbach v. Snyder (Neb.).. 220 Dixson v. Ladd (S. D.). 114 Dock, Le Seuer v. (Minn.). 104 Dodge v. Gilman (Minn.). .1090 572 316 155 407 795 527 259 593 147 42 316 579 184 207 213 ... .....1079 534 City of St. Paul, Williams v. (Minn.). 886 .....1042 97 Earl v. Jacobs (Mich.).. .1081 Clark v. P. M. Hennessey Const. (Minn.) Eastwood v. Coplan (S. D.). 249 Clements, Paul v. (Mich.). 384 Cleven's Estate, In re (Iowa). 986 Eastwood, Sherin v. (S. D.). 179 Cochran v. Lancaster County (Neb.). 862 Ebling v. Ebling (Mich.).. .1066 Cogswell v. Escanaba (Mich.).. 549 Eikhoff v. Charter Commission of City of Cohn-Goodman Co. v. Mandelson & Gold Detroit (Mich.).. 746 Eisenbach v. Eisenbach (Mich.). 345 Coleman, Wheeler v. (Mich.). 570 Collins, Le Roy v. (Mich.). 842 Colonial Apartment House Co., Boyer-Van Connelly v. McMahon (Minn.). Continental Casualty Co., Ryan v. (Neb.).. 340 16 Emberson v. Adams County (Neb.). 294 288 Endicott v. Davidson (Minn.). 805 797 Coplan, Eastwood v. (S. D.).......... 249 Enge, Farmers' Co-op. Elevator Co. of Atwater v. (Minn.).. 328 Coulter v. Cummings (Neb.).. 109 Englert v. Dale (N. D.)... 169 Court of Honor, Rosenstein v. (Minn.). 331 891 Cram v. Long (Wis.). Ennest v. Pere Marquette R. Co. (Mich.).. 567 198 Creamery Package Mfg. Co., Virtue v. (Mich.) ...1067 (Minn.) .930, 1136 Excelsior Wrapper Co. v. Yund (Mich.).. 353 Creedon & Sons, Monarch Portland Cement |