The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-11

Section ISL 10. when a vacancy shal
occur other wise than by expiration of term
IN the once Of chief or associate. JudE
hlled, for q full term, at the next genera
election hsppening not less than thre,
n mTnfh n. af ysc,s sSsh ,h ySSap &c 90 ocS S1,.S. an ~
:sns os ;ihsy . s"s VIZ Il the : .sSsss I sSal Y0 5,
may hll. such vacancy by appointment. 1
any such appointment Of chief judge shall
De made from among the associate Judges
Judge shall be made in like manner blu
~ such case, the person appointed chic,
ossnse 81 sh1l. not be deemed to ysssse mi NJ,
chief Judge. The, .powers and Jurisdiction
want Of G sppo,n snnn nor or . Pc hiSspe ~hen +, fS'
number Of judges Is sumcient TO consti
t,hhiiss = aS9ru mai, All appoin.msn's a., Snd 10.
Guiding. the last day OF. December mex,
after The election at which the vacancy
see, Is "f Isl II. After the last, day o,
ared and t Hns sscSsenr asss.sstn"..' s a,:' , 1pG
ShsT. the .,sdsm SGS'i i. Of S ispis. !. ~s.s.
the appellate diyision ON reversing g
i"ss q ysc: : a.. !%S r..G:r. r. met ,s. .
on. shall be limited to nc. review o.
S9e ;h ! Of law; fNo Tna N, Sa d. sn:0,
court hat there Nv evidence supporting OF
tending to sustain q finding Of fact or
verdict not directed by the court. shall be
w viGS' The ~ ,n ,hs sSSr' Is OF Of sp dss,h. a I1esp.
may be taken. as Of right. TO said couri
only from judgments or orders entered
the supreme court, nnaiiy determining &C.
tons or special proceedings. and from
SIdsrs Srans,ns new trial. on :ss:pt,o Ions
affrmance Judgment absolute shall be
rendered against them. The appellate al.
s s,'' s.kr m .: any Of ds rss. 70 IL. s ssSS q 3: =.
peals In the following eases only,
M Where the judsment 10 q death;
upon the d%ecision Of n appellate. division
OF the supreme court which nnelIy deter.
.ser. i, =" d, sssiHp , 2, :ss''; Il. ' ssc.sans.
the United ssns...' Or w (. %" one :s" o. M %ors ::
from tie deci.isn o. he coast. or wses:
.ne Judgment Of the trial court IL reversed
go Prom an order Of m appellate d.
vision q the supreme court .r.cti.s. .
; nsw trial rsnn wS.,s the sppsI,..s ';ieslss::
shall b. rendsred "T.,nss him.. ~
The court Of appeals may. however. al.
low an appeal tapon anyl In any case
involved. which lin It's opinion,I ought to
De reviewed tby the court of appeais1..
The legislature may further restrict the
10 appeal shall not depend upon the
The provisions Of thi. section shall not
Apply 90 appeals taken to the cOurt Of ap-
reai- lorders made or judgments rendered
Of December. one thousand teishtI nine
hundred and. NINETY Ave fifteen. but Zap.
penIsl ths judgements Or orders appealed
takenl under existing provisions OF law.
The conrt Of appeals may Determine the
qualifications and prescribe the rules regu-
IstinE the admission to practice Of at
torneys and counselors In the courts Of the
state.
Abstract--The amendment TO thi. sec.
ton. dealing with the Jurisdiction OF the
court OF appeals. was framed with u view
litigsnt Is entitled to at least one review
ON appeal. but tina, the court OF appeals
should be preserved AS a court to review
aud settle questions OF law rather than az
a general court 10 review fully the deci-
sions 81 courts of first instance. By a recent
civil procedure. the appellate division on
reversing or modifying a judgment is en-
powered 10 make new findings OF fac, and
the appellate division Ia enec, acts as a
trsl court; and unless a review of the
facts Is allowed in tho cour, OF appeals.
least one fun review on appeal from the
Judgment OF the trial court. with this sim
s ur,s sdiiSspS,on O., The the p rss, Limitation Of The
review. Of questions of law only-save in
Sabltal cases--is retained. Section II also
defines the Jurisdiction Of the court OF an.
pea - The provision In the existing con-
stitution tina no unanimous decision OF the
appeI!ate division OF the supreme court
mat there IL evidence supporting or tend.
ing 20 sus;a'" Iniing 81 far; or n yer.
YET not div .',d by the court shall he re.
viewed 10y thc court Of Appeals IL cl!mi-
mated such question Is essentially ono Of
Jaw, and eEperi"nce has demonstrated that
u, Withhold Tom III" cour; of appeals the
Injustice In many cases. The rleht 20 an.
peal from i~ude m.nts o: the appellate d..
nisi9n to ne court Of APPEALS is further
a juigmen, or order entered upon such
decision finally determining actions or
where. there is directly Involved the con-
stiu.tion or the constitution OF the state
or 81 ne United S;a'gs; or where. one or
dissents from the decision OF the court:
by the court OF, Appeals Is authorised 10
allow an appeal in any case where. in It's
which ouGh; TO be reviewed. Appeals pend
ins, December 81. 1915, are to be reviewed
the qualI'cn tions and prescribe the rules
rosn'S,'ns ;he admis.ion 4, practice OF at
sat- TINS Is now provided By statute,
section tlol u. The judges OF The oour,
OF appeals aud the justices %. tho SUI.
nremc ccpt, shall not hold any other OF.
~ l''H'' Z" ~ NJ No'fN Tor AnN Of
them. for any other than a judicial once
sl'.n hy the legislature or the people. shall
section IN ~. Judge. OF the cour. O,
appeals ana justices OF the sunrems'
court II may he removed by concurrent
reso!uii9n OF both houses of the lewisla-
elected TO each house concur herein All
other judicial officers. except Justices OF
the peace and Judges or Justices OF inferior
courts not Of record. may be removed nv
the senate. on the recommendation OF tho
governor. II two-thirds OF al! the member,
elected TO the senate concur therein. But
no ofncer snail be removed by virtue of
this section except FOR cause. which shall
he entered on the journals. nor unless he
shall have been served with q statement
Of the cause alleged. ana shall have had
an opportunity to be heard. on tho cues.
i,on of removal. the yens and nays shall
the office Of Judge lori. Justice Of " any
court or surr"katc longer than until and
H. last day OF December mex;
Each justice NJ the supreme cour, shall
receive from the state 1.-THE, sunni an an
nnal sAi.ry OF ton thousand dollars lper
EeArl Those assigned to the appellate
In the third and fourth DEPART.
ments shall each %rccciv, In addition ,ho
siding justices thereof the sum OF two ,Snn-
i've hundred dollars per year, Those
The justices now In office or hereafter
In the first and second judicial de.
pArtmrDts snail continue to receive from
their respective cities. counties or dis.
tricts. hs now provided by law. such .idi.
tional compensation as will make their
aggregate compensation, what the, aro
now receiving Those justices elected in
any judicial department other than the
INST or second. and assigned 20 the an.
pellate divisions OF the hrst or second
departments shall while so assigned. re-
as now provided by law. such additional
AS Is paid to the justices OF those
third or fourth department assigned nv
the appellate division or designated by
the governor TO hold n trial or special
I'm Ia judicial distric, 49,, 80.