The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-20
Supreme COurt-General Term.
Before Hon Judges Roosevelt, Cerke and Whiting
CONFLICT OF JURIsDICrION BETWEEN THE COxxON
PLEAS AND MARINE COUNTS.


CONFLICT OF JURIsDICTyON BETWEEN THE COxSON
PLEAS AND MARINE COUNTS.
JUNK la.-The People on se Relation Of j. b. Dctcnexf,
rs. Moses d. Gale Clerk Of the Marine (o4-RoosgvEIT,
Jan order was made in this ease, directing manda-
to the Clerk of the Marine Court to compel him TO
issue execution judgments rendered by one tho
Judges Of that court The Clerk objects that the judg
ment, although regularly rendered by the Marine Court,
had been regularly reversed by the Court of Common
Pleas. The reator, the other hand contends that the
reversal nullity; that the Csnumon Pleas that
stage of the proceeding have jurisdiction: that ap
peal from single Judge Of the Marine Cour, could only
bc taken in the first the three Judges OF that
court. and afterwards, IL ALL Common Pleas
by the act of July 81 1885, the jurisdiction Of the Marine
Court was greatly enlarged; and as a co,rscaucuce II
was deemed proper at the time. Il provide add
uona safeguards FOR The correctness Of lis judgments An
appeal was accordingly given from any Judgment cen
tered by the direction OF single Justice 10 the jus
tees Of the general term. And the Justices
were authorized To areht such general tcrmthat is,
terms to. be held by more thin single Judge.
our conclusions are, that the right of
appeal from the Marine Court to the Common
Pleas Was not taken away by the act OF 1853.
That such an appeal only be resor,ed TO after
actual determination made by the Marine Court general
term That the appeal in the present instance was,
therefore, premature, and gave the Common Pleas
jurisdiction and tina, the Judgment o. ,he Marine Court at
special term being thus in full force the duty of
the Clerk when applied to- to issue execution upon it,
Judge Cerke tonsarred.
Judge Whiting dissen,ed in an able and elaborate
opinion, which will be ready for publication in few
days He held that the Clerk ofthe Marine Court should
not be compelled TO obey three asters; the Court Of
Common Pleas had reversed the decision of the Marine
Court and the Judges of the latter Court had directed
their Clerk not to issue execution the judgment thus
set aside by the Court Of appellate jurisdiction; he there
Clerk hc deiendan in the unpleasant position Of being
obliged to come in conflict with the Judges Of his
Court. Judge Whiting referred to the code, and to the
fact that under its action there the most conflicting
legal jurisdictions No two courts in the city agreed
matters OF law. What done by Court in this
building, undone by tribunal in the room and
there nothing but Of confusion of legal juris
prudence which not calculated to elevate the bench
advance the profession in the public mind.
The Court having consulted the presiding justice said
that there We're many difficulties IN the case and
number Of similar suits were pending the action OF the
Court in this should be suspended until the Court of
Appeals had decided On the question
Judge Cerke thought could be settled within the next
fortnight the Court Of Appeals would, from its impor
lance, no doubt give preference on the calendar.
THE Carroll WILL CASE.
Cared rs Cd,rol.-This long litgated suit, which
there depending several hundred thousand dollars,
down for today bat again postponed in consequence
OF the defendants counsel Mr.. Kirkland, being absent
from illness The Court set it down positively for Thurs
day next.
This of the old Chancery sui.s-one Of the Jarn
dycc vs. Jarndyce school-now pending nearly forty
years The delay must necessarily be serious injury
to the party in tho right
THE CHARGE OF NEUTRALITY-SUSPICIOUS..
JUSH l9.-1homas Hadden, who was convicted in the
Court of Sessions in December last a charge of kid
~mpressirg sailor en- board the ship West
Po,-was brought before this Court On ctiordf before
sentence was ,mssed Nv tho Corr below The majority
Of tho present bench lCerke and ooseye gave their
decision this morning that the verdict of the jury should
be sustained, for although they (hc Judges had
doubts in the matter yet the jury always judges Of
the facts This Court should therefore, under express
provision of the statute proceed to pass sentence on the
prisoner. The punishment is Imprisonment in tho State
prison than years less than and
under the view this Court took OF the they would
sentence him to the lowest term allowed by law-two
years.
The prisoner made appeal for his wife and family,
and said that il the Court allowed him time he would
prove by affidavit the hsty Of the charge and perjury
another quarter.
Judge Whiting dissented from the opinion of the
joy Of the Court he thought the verdict should be set
aside and trial granted, it q case Of very
doubtful nature.
After some remarks from Mr. 7 Byrne counsel for the
accused and Mr.. Sedwick, assistant District Attorney,
the Court decided admitting MADDEN to bail pending
appeal to the Court Of Appeals which is now in SEES
SIGN.
The Court adjourned TO Thursday next.