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Chapter 251. Supreme Court

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Chapter 251. Supreme Court 2891 SUPREME COURT 251.06 CHAPTER 251. SUPREME COURT. 251. 01 Terms of justices. 251.14 Decisions to be written: l)art of 251.02 Clerk of supreme court. record: certified to United States 251.03 Deputy clerk. court; printed for justices. 251.04 Employes. 251.15 Disposal of manuscripts. 251.05 Crier. marshal. 251.16 Opinion to be sent to trial court 251.06 Terms of court. on reversal. 251.07 Adjournments; no quorum. 251.17 Proceedings in criminal cases on re­ 251.08 Appellate jurisdiction. versal. 251. 00 Discretionary reversal. 251.18 Rules of pleading and practice. 251.10 Original writs; writs in vacation. 251.19 Attorney-general may ha ve cases 251.11 Supreme court; judgments; rules; printed. printed case. 251.20 Seal. 251.12 Issues of fact and assessments of dam­ 251. 21 Duties of clerk. ages. 251.22 Fees and per diem of clerk. 251.13 Jury. how obtained. 251. 2~ CoMs in supreme court. 251.251 to 251.66 Rules of practice in the su­ preme court. 251.01 Terms of justices. The term of office of each of the justices of the supreme court, when elected for a full term, shall commence all the first Monday of January next succeeding their election. 251.02 Clerk of supreme court. The said justices shall appoint a clerk of the su­ preme court who shall hold his office nt their pleasllJ'e. Such cJerk, before entering upon the discharg'~ of his duties, shall take and suhscribe the constitutional oath of office, and file the same, duly certified, in the office of the secretary of state. 251.03 Deputy clerk. The clerk of the supreme court may appoint a deputy clerk, at his own expense, to aid him in the performance of his duties, who shall perform the duties of said clerk in case of his absence or inability to act. 251.04 Employes. (1) Each justice of the supreme court may appoint a secretary to render such assistance in the performance of his duty as may be required, and may re­ move the person so appointed at pleasure and appoint another in the place of the one so removed. (2) Each justice shall certify such appointment to the directOl' of budget and ac­ counts, with the date of the commencement of such service, and shall also notify him of the termination of the service. (3) Such justices may appoint a messenger for said court. (4) The chief justice or one of said justices shall certify the appointment of such messenger to the director of budget and accounts, with the date of the commencement of such service, and shall also notify him of the termination of such service. (5) The compensation of such secretaries and messengers shall be paid on warrants drawn by the director of budget and accounts. The trustees of the state lihrary may ap­ point one or more janitors for service in and about the 1ibrary and rooms of the justices of the supreme court. Such appointments and the compensation fixed Rhall be certified to the director of budget and accounts by the chief justice and paid as aforesaid. (6) The justices may employ not to exceed 2 attorneys at law to assist them as law examiners and to perform such other duties as they may require. Each such attorney shall be admitted to practice as an attorney in all courts of this state and shall have at least 5 years' experience in the practice of law in the state of Wisconsin. The salary of each such attorney shall not exceed $5,000 per annum. [1947 c. 9) 571] 251.05 Crier; marshal. Such justices may also appoint a crier for said court, who shall attend the terms thereof and perform all the duties required of him by law or by said court, or by the justices thereof. The compensation of the crier shall be audited upoiJ the written allowance of the chief justice or, in case of his absence or sickness, of one of the justices, and paid out of the state treasury. And such justices may further appoint a marshal and assign to him such duties in and about the judicial rooms as they may see fit, including the duties of crier when there is no person holding such position who is competent to act. 251.06 Terms of court. There shall be held in the supreme court room at Madison one session of the supreme court in each year, to be called the August term, wllich shall commence on the second Tuesday in August. [1943 c. 571] 251.07 SUPREME COURT 2892 251.07 Adjournments; no quorum. The justice or justices present, less than a quorum, in the absence of the other justices, may adjourn the court to a day in the same term; and in the absence of all the justices such adjournment may be made to a day ap-' pointed in an order signed by three 01' more of the justices and filed with the clerk: and in caRe of the absence of all the justices and their failure to make such an order the clerk may adjourn the court from day to day for six days; and if the court shall not be opened for six days and all matters pending therein shall stand continued until the next term and no action 01' matter shall abate 01' be discontinued. 251.08 Appellate jurisdiction. The supreme court shall have and exercise an ap­ pellate jurisdiction 'only, except when otherwise specially provided by law or the constitu­ tion, which shall extend to all matters of appeal, error or complaint from the decisions 01' judgments of any of the circuit courts, county courts or other courts of record and shall extend to all questions of law which may arise in said courts upon a motion for a new trial, in anest of judgment, or in cases resel'ved by said courts. Note: Insofar as the judgment entered remedy of the aggrieved party was by man­ subsequent to the mandate of the supreme damus and not by appeal. Falk v. Rosa, 204 court, did not conform to the mandate, the W 518, 235 NW 925. 251.09 Discretionary reversal. In any action or proceeding brought to the supreme court by appeal 01' writ of errol', if it shall appeal' to that court from the record, that the real controversy has not been fully tried, or that it is probable that justice has for any reason miscarried, the supreme court may in its discretion~'everse the judgment or order appealed from, regardless of the question whether propel' motions, objections, 01' excep­ tions appeal: in the record 01' not, and may also, in case of reversal, direct thc entry of the propel' judgment or remit the case to the trial court for a new trial, and direct the making of such amendments in the pleadings and the adoption of such procedure in that court, not inconsistent with the statutes governing legal procedur~, as shall be deemed necessary to accomplish the ends of justice. Cross Reference: For reversible error, of absence of evidence establishing the dis­ see 274.37. tance between a knoll and the place of col­ Note, The supreme court may order a lision, which, In view of 85.16 (5) restricting new trial when it has grave doubt as to the passing on curves and grades, is of controll­ justice of the conviction, or when it seems ing importance on the issues of negligence probable that justice has miscarried. Parlte and contributory negligence. Schuyler v. v. State, 204 VV 44, 235 NIV 77". Kernan, 209 W 236, 244' N,Y 575. '1'he supreme court exercises the statutory Where the evidence sustained the judg­ power to reverse a judgment for probable ment rendered for the plaintiff agains,t the miscarriage of justice with some reluctance defendant manufacturer for the amount at and great caution, but in this case it felt the down payment on a truck. but the evi­ justified in reversing the judgment. Jacob­ dence did not sustain that portion of the sen v. State, 205 IV 304, 237 NW 142. judgment for the defendant agent as to the Failure to require the jury to determine amount of commission to which he was en­ whether the vendor was enriched because of titled on his cross-complaint against the his wrongfnl refusal to perform an oral defendant manufacturer, and the issue as to agreement entitled the vendor to a new trial the amount of the commission was not fully in the interest of justice. Bendix v. Ross, tried, and the record does not afford a satis­ 205 W 581, 238 NW 381. factory basis for a finding on that subject If the plaintiff is entitled to the full to a reasonable certainty, it is necessary llnd amount claimed or nothing, a judgment for proper to reverse that portion of the judg­ a lesser sum is improper. The verdict in this ment providing for the recovery of commis­ case raises a doubt as to whether the issue Sion, and to remand the cause for a retrial was decided upon the evidence, and while solely of the issue as to the amount of the there was no motion for a new trial by commission. Walter v. Four Wheel Drive A. either party it appears probable. that justice Co., 213 W 559, 252 NW 346. has not been done and a new tl'lal.therefore When such grave doubt exists regarding is ordered. General D. & S. Corp. v. Bolens, the guilt of a defendant as to induce the 205 IV 004, 238 NW 814.
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