The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-19
Supreme Court.
OPINION AS TO THE POWER OF THE JUSTICES or THE
MARINE COURT.
Before Hon. Judge Clerke.

Before Hon. Judge Cerke.
The People on he Relation Of De La Irgdnc against nc
justices Of The Marin Cour-The only power of review
by the Justices OF the Marine Court their
decisions and Judgments il given by the act passed
July 81 1858. Previously this they could grant
trial their judgments (see tho People
the Marine Court, Il Wen 22o) but by this act they
authorized to appoint general terms at such time
they may deem proper, and appeal may be taken from
judgment entered by the direction OF single Judge o.
the court TO the Justices thereof at general term ia the
same and with the like effect appeals in the
Supreme Court from the decision Of single Judge the
the general term There il provision motion for
rev trial before single Judge at special term in the
Supreme Court; but it does not follow tha party
not obtain trial by appeal to the general term
trial could be obtained ia the Supreme Court by
ton. The legal Specification of proceedings appeal does
not import The review merely Of questions Of law sap
peal signifies simply the removal of from in
eror 10 superior jurisdiction and question OF fact
law, both, may be the subject Of appeal, the
whole facts as the whole as, tor instance,
appeals in summary proceedings TO remove tenants from
the decisions OF Justices of the Peace to the Court of
Common Pleas county courts II l., indeed now the
substitute for writ Of error but 1t IL more II Is tho
method by which all the mistakes In the judgment Of
Interior Jurisdiction recied except when otherwise
specially provided. II motion for n trial before
single Judge had not been expressly prescribed the Supe
oI Courts by section 26 those courts would have the
view TO modify and general term
for any So the Marine Court Consequence Of
the invested IN by 10
slider and review its judgments by appeal, without
sricton qualification can, as Il has done In the pre-
sent case vacae modify it's judgments the ground
of being against the weight Of evidence we'll IL
cepons taken at the trial and the objections raised
involved only questions of law am therefore, Of OPT
non that in the absence Of any provision In the act Of
1853 requiring motion for trial In the first in
stance that the questions usually nstitutng grounds for
such application be heard and determined in the
Marine Court appeal at general term and only this
way, and that the words in the ~ Gin the
and to the like effect apply TO the method Of conduct
Ing the appeal and to the results and not merely to the
grounds and OF the appeal Il urged by The
counsel for the reator that the power of review given
by the lfth section q this act applies only
TO decisions on motions "a open defaults THIS
would be contrary to the whole tenor and evident
aim o the act extending the iuris ction reniodaling
the organization Of the Court and investing IL with
and unrestricted authority TO hold general term What
be the obseury opar OF the language of section
g. cannot suppose that the Legislature intended that all
this machinery designed exclusively for Of
default. IN TO the remark that the defcn liant
ought TO have applied TO the Court OF Common Pleas for
q trial am OF opinion that appeals from the Marine
Court to the Court oil Common Pleas only be from it's
decisions general term Tic action and elaboration
of the inferior court must be always exhausted before the
appellate court entertain jurisdiction Of the cause
In the language Of Judge Brsson In Gracil Va Treesnd
q Can 2es) upon appeals from the SpFeme Couet 10
the Court Of Appeals ut Is not % be presumed that the
last resort before they had obtained the judgment Of the
full bench In the court whore the proceedings were inst
uted We ought 10 find unequvoca words TO thai eject
before we give such construction 70 the statute = and,
again: if the party has right to hearing at the gen
oral term then he should there from the special torn
instead OF taking appeal. The legislature couli not
have intended that there shoud be an appeal 20 this
court before the matter had been finally disposed % In
me court q original jurisdiction" The defendant there
Tore had no other remedy than appeal In the first in
stance y the general term OF the Marine Coart ana the
question wa ery entertained there. I i unneces
sary = consider The other points discussed The appca
lion must be denied, with costs.