The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-05
Supreme Court-sPsctAl Term.

CONFLICT OF Observation-Disclosures TO sCIToRS.
ArRn the People e1 rel. James Collins rs, TIE jus.
tcg aad Cirk Of The Marine Cou6--In November, 1854,
DR.. Willis m Pszer recovered q judgment in the Msrae
Court against John Petig rev an. Edmund R Sherman,
for S521 90, debt and costs. The defendants appealed :,
the General Term of the Court of Common Pleas, AMI tbs.
Court reversed the judgment In March, 1855. The pain.
tifs subsequently, assigned the judgment to James Col.
Inns, the re,ator, who demanded an sxecution upon the
orig,rsl juogr ent from the Clerk CT the Marine Cour.
Being refused, lie applied to the justices singly, but with.
out fuece SIS, and II EN- appealed TO the Gee. al Term Of
tie Marine Court, but WAS sgain refused.
Er. john B. fogerty, council for relator upon these
facts moved for amsndanus, ordering the Clerk Of the
Marine Court 10 issue execution upon the original iacg-
uent, uton he ground That as the defendants had not
appealed to the General Term of tire Marine Coari before
appealing TO the Common Peas, tae appeal taken was
irIfg 9lEr: and the Common Pleas Curt having scq uired
no juIicicton ever tee ~jaogcent appealed from, their
Judgment Of reversal IL 3 nudity, snd the original icdg.
ment bow stands precisely a. II no appeal had ever taken.
Judges Maynard ana A5Csr:hy appeared.
Jsdge Mccarthy, on behalf Of the Justices OF the Ma.
riIe CoUft, s ate9, Tor hi nseif and his associates, that
be app. ARID In obedience to the msndat 70 Of the writ
eeryed ca them for the purpose of having an a~bjudica.
ton on Ger tain points whe' Elm there now seemed to be a
cor Hic. Of az b ority. TheJlstites OF the Marine Court
were placed in ~ N a .position that II they issued an exc
would be alta :hetbJ tts Court o CInmon Pleas and
If tiny refused 70 do So, they would be compelled b. the
mancamls of this Court. He and his associates we're de-
sircus TIA, some general RUE sh )uid be adopted 70 reach
this entire class Of cases, and now awaited the decision Of
the SupIeme Court on The eu Jecn
yuse e D~ayiss-There can oe no conflict OF fiction
betvten this and the Court Ct Common Pleas, have al.
Ways Understood that the Judgments OF the Supreme
Court we're the law of the land, until reversed By > supe-
rior irieunal, and all inferior courts ware bound to abide
by Them.
Judge McCarthy-I would merely suggest to your
Boror WI ether this vhole difficulty might not be avoid
"a, II the psrties in interest, instead Of applying TO this
court if coupul4ory process sgsiost the officers OF the
Asrire Court. hbnu d not, in me hrss instance, Issue an
execution 70 the sheriff on tie judgment, rs on a jud2.
mert % the tourty C5rIt, -hioo The Cose made IL, at
least rT the purtcse 0. collection, after the transcript Is
hlto.
Judge raveg-But ycu justices of the Marine Court
have tire same p ver and control for AL purposes over
any judgment given by your court a. the Judges CT any
Other cart. I4is y q judgment OF your court, over
which you have fill poser and control. 1t Is not q
fuczn ert q the Court OF Common Pleas.
Judre McCertby-Wel Fir, then -e shall understand
this a. q general "a ing, sCd IN ali future cases, we shall
oireel an execution 70 issue whers the parties apply Tor
IL ~ sbis matter has been passed on q both special and
seneTs " terms Of he Supreme Court.
Jlcge d vies said tlat be was not aware that the ma
ter hf ben before the court before, but he fully oon-
Cured IN the decisions OF his associates, In the present
case AZ order viii be en- sered requiring toe Clerk Of tae
Marine Court 10 iRsus tie execution demanded by the
reiator.
We understand that, In conformity with the above &C.
eis.on q Judge Davies, the Judges OF The Marine Court
have ordered their Clerk u issue executions when re-
ouirea In every case in vhi,h an appeal has not been
taken 10 the ger ersl term Of their court, and sso that
executions were applied 'Or AID Issued By the Clerk in
the course of the forenoon.