Ex parte Duggan

The business of the court is to administer justice without sale, denial or delay. Constitution of 1901, § 13. And it is .the province of the court to determine from an examination of the record what, if any, question of merit is presented for decision. This right, authority and duty which the constitution places on the court cannot be waived or circumscribed by the parties or their counsel. The matter of determination by the court of what questions are presented for decision áffects the court and its procedure and the parties cannot waive or destroy this function by arguing something that is…