Oral arguments. Order of hearing. Calling of docket. Written opinions. Dissent. reported. SEC. 59. Only two counsel will be heard on either side, and no oral argument shall exceed one hour in length, unless an extension of time be granted before the argument is commenced. SEC. 60. When the appeal presents to the court only questions of law upon rulings of the court below, the appellant shall open and close the argument; but when the trial in the Supreme Court is de novo of questions of fact, the party having the burden of proof shall open and close, and, as to printed briefs and arguments, shall observe the rules requiring the filing of such briefs and arguments by appellants. SEC. 61. At the commencement of each term the causes will be called in their order, but no cause will be tried on the first calling. [Rule 15, June Term, 1861, printed in 11 Iowa, 605, modified.] SEC. 62. The opinions of the court on all questions reviewed on appeal as well as such motions, collateral questions, and points of practice as they may think of sufficient importance, shall be reduced to writing and filed with the clerk of the court. All dissenting opinions must be written and filed in the same manner. The records and reports must in all cases show whether a decision was made by a full bench, and whether either, and if so which, of the judges dissented from the decision. [Code, §§ 143, 154.] SEC. 63. If the decision, in the judgment of the court, is not What opinions of sufficient general importance to be published, it shall be so designated, in which case it shall not be reported in the reports, and no case shall be reported except by order of the full bench. [Code, § 145.] Judgment on appeal. bond. SEC. 64. The Supreme Court may reverse or affirm the judgment or order below, or the part of either appealed from, or may render such judgment or order as the court below or judge should have done, according as it may think proper. [Code, § 3144.] SEC. 65. The Supreme Court, where it affirms the judgment, Judgment on shall also, if the appellee moves therefor, render judgment against the appellant and his sureties on the bond above mentioned, for the amount of the judgment, damages, and costs referred to therein, in case such damages can be accurately known to the court without an issue and trial. [Code, § 3195.] Damages allowed. Judgments: how enforced. Writ of restitution. SEC. 66. Upon the affirmance of any judgment or order for the payment of money, the collection of which, in whole or in part, has been superseded by bond, as above contemplated, the court shall award to the appellee damages upon the amount superseded; and, if satisfied by the record that the appeal was taken for delay only, must award such sum as damages, not exceeding fifteen per cent. thereon, as shall effectually tend to prevent the taking of appeals for delay only. [Code, § 3196.] SEC. 67. If the Supreme Court affirm the judgment or order, it may send the cause to the District Court to have the same carried into effect, or it may itself issue the necessary process for this purpose, and direct such process to the sheriff of the proper county, according as the party thereto may require. [Code, § 3197.] SEC. 68. If, by the decision of the Supreme Court, the appel tion. lant becomes entitled to a restoration of any part of the money Writ of restituor property that was taken from him by means of such judgment or order, either the Supreme or District Court may direct execution or writ of restitution to issue for the purpose of restoring to such appellant his property or the value thereof. [Code, § 3198.] SEC. 69. Executions issued from the Supreme Court shall be Executions the same as those from the District Court, attended with the same consequences, and shall be returnable in the same time. [Code, § 3215.] from supreme court. SEC. 70. In cases in which the judgment below is affirmed in same. this court, the parties in whose favor the judgment is affirmed may have execution either from this court or the court below. In case of an execution from this court, if the process of garnishment is served upon the execution defendant, either principal or surety, the sheriff, in addition to his return, shall return a copy of the ex- Return of ecution and his returns to the District or Circuit Court from which sheriff. the cause was appealed, and all issues of fact which may arise in said garnishment process shall be tried by that court. SEC. 71. The court shall hear all the cases docketed, when not Hearing of continued by consent, or for causes shown by the party, and the causes. party may be heard orally or otherwise, in his discretion. [Code, § 3204.] SEC. 72. No cause is decided until the opinion in writing is Filing of filed with the clerk. [Code, § 3205.] 2. In Criminal Actions. opinion. causes. SEC. 73. Appeals in criminal cases shall he docketed in the Hearing of Supreme Court for trial, at the commencement of that portion of criminal the term which has been assigned for trying causes from the judicial district from which the appeal comes, which is twenty days after the date of the certificate of the transcript from the clerk of the district, and if the appellant does not file his transcript by that time with the clerk of the Supreme Court, the appellee may file his, and have the case docketed. They shall take precedence of all other business, and shall be tried at the term at which the transcript is filed, unless continued for cause, or by consent of the parties, and shall be decided, if practicable, at the same term. [Code, § 4532.] defendant. SEC. 74. The personal appearance of the defendant in the Su- Appearance of preme Court, on the trial of an appeal is in no case necessary. [Code, § 4533.] defects. SEC. 75. An appeal shall not be dismissed for any informality Correction of or defect in taking the appeal, if the same be corrected within a reasonable time, and the Supreme Court must direct how it shall be corrected. [Code, § 4534.] SEC. 76. No assignment of error, or joinder in error, shall be Assignment necessary. [Code, § 4535.] of errors. SEC. 77. The defendant shall be entitled to close the argu- Defendant to ment. [Code, § 4536.] close. SEC. 78. The opinion of the Supreme Court must be in writing, Opinion. filed with its clerk, and recorded. [Code, § 4537.] SEC. 79. If the appeal was taken by the defendant from a judg- Judgment on ment against him, the Supreme Court must examine the record the merits. and, without regard to technical errors or defects, which do not affect the substantial rights of parties, render such judgment on the record as the law demands. It may affirm, reverse, or modify the judgment, and render such judgment as the District Court should have rendered, and may, if necessary or proper, order a new trial. It may reduce the punishment, but cannot increase it. [Code, § 4538.] SEC. 80. If the appeal was taken by the State, the Supreme Effect of judg., Court cannot reverse the judgment, or modify it, so as to increase ment on appeal by state. the punishment, but may affirm it, and shall point out any error in the proceedings, or in the measure of punishment, and its decision shall be obligatory on the District Court, as the correct exposition of the law. [Code, § 4539.] Discharge on reversal. Effect of affirmance. Judgment recorded: procedendo. Further proeeedings in lower court. Judgment enforced. Term of imprisonment deducted from term of second sentence. Limitation. SEC. 81. If a judgment against the defendant be reversed, without ordering a new trial, the Supreme Court must direct, if the defendant be in custody, that he be discharged, or if he be admitted to bail, that his bail be exonerated, or, if money be deposited instead of bail, that it be refunded to him. [Code, § 4540.] SEC. 82. On a judgment of affirmance against the defendant, the original judgment shall be carried into execution, as the Supreme Court shall direct, except as hereinafter provided. [Code, § 4541.] SEC. 83. When a judgment of the Supreme Court is rendered it must be recorded, and a certified copy of the judgment must be forthwith remitted to the clerk of the District Court in which the judgment appealed from was rendered, with proper instructions, and a copy of the opinion, in such time, and in such manner, as the Supreme Court may, by rule, prescribe. [Code, § 4542.] SEC. 84. After the certified copy of the entry of the judgment of the Supreme Court, and its instructions, have been remitted, as provided in the preceding section, the Supreme Court has no further jurisdiction of the proceedings therein, and all proceedings which may be necessary to carry the judgment of the Supreme Court into effect must be had in the court to which it is remitted, or by the clerk thereof, except, as provided in the next two sections. [Code, § 4543.] SEC. 85. Unless where some proceedings in the District Court are directed by the Supreme Court, a copy of the certified copy of the judgment of the Supreme Court, with its directions certified by the clerk of the District Court, to whom the same has been transmitted, delivered to the sheriff or other proper officer, shall authorize him to execute the judgment of the Supreme Court, or take any steps to bring the proceedings to a conclusion, except as provided in the next section. [Code, § 4544.] SEC. 86. If a defendant, who has been imprisoned during the pendency of an appeal, upon a new trial ordered by the Supreme Court, shall be again convicted, the period of his former imprisonment shall be deducted by the District Court from the period of imprisonment to be fixed, on the last verdict of conviction. [Code, § 4545.] VI.-REHEARING. SEC. 87. No petition for rehearing shall be filed after sixty days from the filing of the opinion of this court. SEC. 88. The petition for rehearing shall be the argument of Petition. the applicant therefor, and if the court think that such argument requires a reply, it shall so indicate to the other party, and he may make reply within such time as said court shall allow, and Reply. with a view to a rehearing, the court may extend the suspension of proceedings yet farther, if need be. [Code, § 3202.] copy. SEC. 89. All petitions for rehearing shall be printed as re- To be in print: quired by section 111 hereof, and a copy shall be delivered to the service of by attorney of the adverse party, and if there be more than one, to the attorney of each, and nine copies to the clerk of this court. SEC. 90. The opinions announcing the decisions of this court Copy of in cases wherein petitions for rehearing are filed shall be printed accompany opinion to by the petitioners, and copies thereof shall accompany the printed petition. copies of the petition for rehearing filed with the clerk or served on the opposite party. suspended. SEC. 91. If a petition for rehearing be filed, the same shall sus- Proceedings pend the decision or procedendo, if the court, on its presentation, or one of the judges, if in vacation, shall so order, in either of which cases such decision and procedendo shall be suspended until the next term. [Code, § 3201.] VII. OF COSTS. SEC. 92. The appellant may be required to give security for Security for. costs, under the same circumstances as those in which plaintiffs in civil actions in the court below may be so required. [Code, § 3210.] SEC. 93. When the parties or their attorneys shall furnish Printer's fee printed abstracts, briefs, arguments and petitions for rehearing, in taxed as costs. conformity to the rules of this court, it shall be the duty of the clerk to tax a printer's fee at the rate of one dollar for every five hundred words embraced in a single copy of the same, against the unsuccessful party not furnishing the same, to be collected and paid to the successful party as other costs. When unnecessary costs have been made by either party the court will, upon application, tax the same to the party making them, without reference to the disposition of the case. VIII.—OF PREPARING TRANSCRIPTS AND ABSTRACTS, AND PRINT- abstracts and arguments. SEC. 94. All abstracts, briefs, arguments, and petitions for re- Form of hearing shall be printed upon unruled writing paper, with the type commonly known as small pica, leaded lines, the printed page to be four inches wide and seven inches long, with a margin of two inches, but the type in which extracts are printed may be small pica solid, or brevier with leaded lines. The first page of the abstract, brief or argument, shall show the Title page. title of the cause, designating the appellant and the appellee, the term of the Supreme Court to which the appeal is brought, the court from which the appeal is taken, the names of counsel for both the appellant and appellee. SEC. 95. No procedendo, except in criminal cases, and in cases When proce dendo to issue. prepared by counsel. where petitions for rehearing have been overruled, shall issue in any case until the expiration of thirty days from the filing of the opinion in the case, except upon an order of one of the justices of the court, upon cause shown. SEC. 96. Decrees to be entered in this court shall be prepared Decrees to be by the counsel of the parties in whose favor they are rendered. Copies shall be served on the opposite counsel, and filed in this court within twenty days after counsel preparing them shall have received notice of the decision in the causes in which they are to be entered. Same. Index to abstract. Form for abstract. SEC. 97. When, by the decision of this court, a decree is to be entered in this court at the option of either party, such option shall be declared and a decree furnished under the above rule within twenty days from the date at which counsel required to prepare the decree received notice of the decision. The abstract must be accompanied by a complete index of its contents, and must show where the papers and entries therein mentioned may be found in the transcript as well as in the ab stract. SEC. 98. Abstracts of records shall be made substantially in the following form : IN THE SUPREME COURT OF IOWA, JOHN DOE, Appellant, agt. RICHARD ROE, Appellee. DECEMBER TERM, 187... Appellant's Abstract of Record. ("In Equity," or "At Law.") Appeal from the Judgment of the Van Buren District Court. J. C. K., for the Appellant. H. H. S., for the Appellee. On the....day.. Buren District Court a .187.., the plaintiff filed in the Van PETITION stating his cause of action as follows: (Set out all of petition necessary to an understanding of the questions to be presented to this court and no more. In setting out exhibits, omit all merely formal, irrelevant parts, as for example, if the exhibit be a deed or mortgage and no question is raised as to the acknowledgment, omit the acknowledgment. When the defendant has appeared it is useless to encumber the record with the original notice, or the return of the officer. Appended to the abstract of each paper a reference to the page of the transcript on which it will be found.) On the....day of........ A. D. 187.., the defendant filed a DEMURRER to said petition setting up the following grounds: (State only the grounds of demurrer, omitting the formal parts. If the pleading was a motion and the ruling thereon is one of the |