History of Linn County Iowa: From Its Earliest Settlement to the Present Time [1911]Brewer, Luther Albertus
History
History of Linn County Iowa: From Its Earliest Settlement to the Present Time [1911]
Brewer, Luther Albertus
Linn County (Iowa) -- Biography; Linn County (Iowa) -- History; Registers of births, etc. -- Iowa -- Linn County
The entire state in 1857 was divided into twelve judicial districts,
with one judge in each district. Accompanying the act was the
constitutional provision that new districts could not be created
oftener than one new district in four years. Within about ten years the
business in court became so congested that relief was necessary and was
sought in all directions. Finally, in 1868, the legislature passed a
circuit court bill, which by its terms divided every district into two
circuits and provided a judge for each circuit. The circuit court had
concurrent jurisdiction with the district court in all cases at law and
in equity, and sole jurisdiction in probate matters and in appeals from
justices of the peace, but it did not have jurisdiction in criminal
cases. The same legislature abolished the county court that formerly
had jurisdiction of probate matters. In further defining the duties and
powers of this court, the law created what was called a general term,
to which all appeals from, and application for the correction of errors
by the district and circuit courts would lie. The personnel of that
court consisted of the judge of the district and the two circuit
judges, and it sat twice a year. In this district one of the sessions
was held in Marion and the other in Iowa City. The district comprised
the counties of Jones, Cedar, Linn, Johnson, Benton, Iowa, and Tama.
The first three counties constituted one circuit, and the latter four
the other one. The limitation of the right to appeal when the amount in
controversy was less than one hundred dollars was then passed. An
appeal finally lay from the decision to the general term of the supreme
court. When a case was decided at the general term, the judge to whom
it was referred for a decision wrote out the decision in an opinion as
the supreme court judges do, but the opinions were not reported in the
books.
[Illustration: PUBLIC SCHOOL AT SPRINGVILLE]
The next legislature materially changed the law. It abolished the
general term and consolidated the two circuits, cutting out one of the
judges--each court retaining the jurisdiction it had--and provided for
appeals directly to the supreme court.
Then in 1886, the constitution of the state was radically changed by a
vote of the people so that the limitation on the number of judicial
districts and number of judges was removed. The circuit court was
abolished, the office of district attorney was abolished, and that of
county attorney created. There was a prosecuting attorney for each
district before. The legislature then created as many districts as was
thought necessary, and as many judges to a district as were deemed
sufficient to transact the business. This law is still in force. This
became the new eighteenth judicial district, composed of the counties
of Linn, Cedar, and Jones, with three judges.
Public-domain text, read in full here on John Shaqi.
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