The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-18

Nov. H.-Figdntrre Jdetson Daily, This IN
APPLICATION TO vaeate the transcript ag catered
up la the Marine Court fhr cause tried la tina
court below, before single Justice and Jury, and
verdict having been found for the plaintiff Judgment
entered up by the Justice in and ,,fm prs-
scrtcd by the statute. q Rev. Laws Of 1913 .. 49, o
1881 From this judgment the defendant appsaisd the
General Term Of the Marine Court and General Term
ordered trial. unless the plaintiff should ssee, 10
reducc the amount OF the judgment lh,s the plsnux
refused Ia d. WherenpoD n the Justices made an
order that the plaintiff make she ;ea Ia writing an
the order Of the General Term and notice there
OF upon the defendant within three days after service a
notice 81 the order which the plaintiff having onitsei Va
do, their complaint div niss.d II l. insisted that no
appeal lay TO the General FERN In the aud that the
order made by H. granting new trial, with the pro
Judgment sul remains IN ia force And elect " V
claimed That the General Term nave NJ power under ms
nc, o. 1898 laws q isos, le6 to rey'e~ ANYTHING
but II has been repeatedly hcii upon motion. In this
Court that such not the construction OF ,hc ststse-
but thai appeal lies from any alignment roadsred BY
single Justice An appeal ie. IL the Language Of ths
statute from Judgment entered IN. ~ eoti.~ ot
single Justice o ms General Tenn . In the
and with the Ike effect appeaa Ia the Supresse
u uft frtm decision by singir Judge 10 The GeneA
Term" The meaning Of this Is vcry plain In the 'u'
Ireme Court Judgment may be entered upon this decs
rion 81 ,ingio Justice without jury from which An
appeal lis directly To the General fern, a. 3ts Anl
when the trial by Jury the clerk tie dsment.
in conformity with the verdict unes tidercnt dir-s
given by the court q, .DS But the statutes
gansing Marine Court the sletk pp~st
ter judgment IN conformity ith the verdict of the Jury
lie authoris.dto docket register judgment but Tue
Court must give judgment u hev laws, p Ss' hs.
as7, l2) The Justice before ~hom the trial l, had
With or without jury, must IN "vrry csso, give iis
mont and the CLERK must docket the ndgmsnA 10 Goa
unity with ia. entry ninut. mair by tno JuAtss.
Az every judgment Ia the Marnc Cour, u entered
the direction Of the Justtle who tries the cause.
the provtp 81 the statute 81 1884, tnaS appeal, 70
he brought In the manner nna with tho hks elect
sJeals Ia the Suprem Court from the decision -!
rnge Justice 10 the General fern l. paio OBVIOUS Tho
talot ly Al
the Justice Of the Marine Court he you'll appeal from
odgcn, entered BY direction u iuglo Justice ~ ns
supreme Court, The mode ~ procedure m both es~c 10
Tie same and as al appeal IN tie safine cours Z. I"
have he Ike effect hc General irrm 81 tina, esas. has
all the posct In reviewing the Indignant which The Gen
enl Term ~ the supreme Court would have Ia thr css
pointed out They may ORDER neg trial or as resper1
lie appeal and In every stage OF ~ do whs'"se IN" ha
ptc. Court might In any 81 an appeal from ths
fecon II n ting. Judge ~ III. court Ia the General
Term. Tho rider 81 the 6,neta Term de~iliyc w
hot pointing within what plme the ps,nun should
elect But lime having been NAMED " va. comps
tent AZ wou'a have been In the supreme Court for
single Justice 70 make order ina the psiotih should
elect within reasonable time and n he failed -
do fo 10 order that the cause lie oct down for it'd,
when II the ylainuG failed 10 appear and pto,ecats
The Gaze Judgment 81 default mignt hsyo been rem.
deIed agnna him. This u sppeses was az, done bat
The Justice oismisssd the complaint upon the piannTs
refusing ,oeleet Hi. be had 10 .uhoriJ TO do The
~ The decision ~ thu Gene Al Term "a - Order
trial In. plaintiff woula not consent q reduce he
amount Of the judgment Tbs General Tern "a = Or
der N Al the complaint should 10 dimissci th- iln'in
Jailed "a elect, whether he would have nsE tfia ~
suee he Judgment, but the the Judgment shoud b.
yertcd n he did rui 70 reduce u 10 $40 snf
rev trial orcetsd Under that decision III ,ugh tbs
IsiBitn refused 70 elect, he stl enh'sa 10 have
the Tried over again; o which II spIssrs he sac
deprived by the Juslie. dmi.sDR his complaint
he refused 70 elect vbc'h.r bot be would reduce The
amount Of rhr judgment Til. however, doe no' s1e.'
th motion The enuss L. yet pcndtng aud uDdst"mibr
and this motion ,scsing the snscrp, u the jadsmsst
must hs granted.
A. &arsnqp ~ iant,, = r. " s,arI : fnsr.h.u. r.
The moiion j. 10 STRIFE out ysris 81 a. In
yioue The seton L. "a fur hs II
IN the present the motion 4 grsn.d 10 ths
second AID ibifd bills u exchange mentioned 10 tie
ussdingn 70 much q the re'crs 10 thoss bls
IL - be stricken out.