Ex parte Wreford
Ex parte Wreford
Opinion of the Court
Section 570 of the Code provides as follows: “ The regular sessions of the supreme court commence on the first Monday in January and June, in each year, and must continue from day to day, Sundays excepted, until the business thereof is completed; but a special session may be holden by the direction of the court, when the public interest requires.” Erom this section it is clearly deducible that the legislature contemplated the termination of a term with the completion of the business thereof. Eor the last eleven years, and perhaps longer, the court has not formally adjourned until the Saturday next before the Monday on which a new term commences. This usage commends itself for the prolonged opportunity which it affords for the correction of errors, and the reconsideration of judgments and opinions. It was in this view that it was adopted, and has been maintained. Upon the expiration of the time allotted for the hearing of causes, the term, for all other purposes than the correction of errors, ends. Erom that time, the continuation of the term has but the one purpose- — the correction of errors into which the court or its officers may have fallen. The spirit and
During the last few years, a practice grew up of hearing causes without much discrimination, upon the request of counsel, a quorum of the court being resident at the seat of government. This practice, although always deprecated, was the result of the gradual encroachments, which solicitation, the complaisance of the judges, the apparent hardship of particular cases, and other causes incident to the times, made upon a sound general rule. The previous practice and resolution of the court being such as is above stated, we have an application to hear this case, pressed with much earnestness by very respectable counsel. In refusing to hear tlfe case, we should depart from the prac
The court decides to hear the case presented, accompanying its assent to do so with an announcement of the reason, and a public declaration of the rule which will govern it in future in reference to such applications. That rule is, that every such application, not being for the correction of the errors of the court or its clerk, will be heard after the regular business of the term is completed, only when the court can see that the public interest requires it.
Reference
- Full Case Name
- Ex parte WREFORD
- Status
- Published