The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-25

regularly assigned justice OF such divi-
sion TO serve In the court OF appeals. In
case the business OF the appeiiate division
Section Isl 10. when q vacancy shall
occur other wise than by expiration or term,
OF the court OF appeals, the same shall be
hlled, for, a full term, az the nest genera
s 1 T hsppss .n.s nSs less o tssn 'h sss
until the vacancy shall be so nlled. the
governor, by and with the advice and con
in session. or 10 not in session the governor
may MI such vacancy by appointment. Y
any such appointment Of chief Judge shall
be made from among the associate Judges.
n temporary appointment OF associate
Judge shall he made In like manner: but
/, Judge s'" nhs sf'V moi i"e be pseemed 70 Wsca,e his
ONCE OF associate Judge any LONGER than
until the expiration OF his appointment as
OF the court shall not be suspended for
want OF appointment or election when tne
, nI%O e o Sr iSase' i sppoin,m." aG e Snasr
this .ectbn shall continue until and In:
Guiding the last day Of December next
after the election at which the vacancy
section isI II. After the last day OF
December one thousand issightl nine nun.
diction of the court OF appeals, except
where the Judgment Is Of death. or where
mcd,f srcs'':'' Ind %, Sms.s S q. .s' es~ ana.
inxs Of fact and renders Jud there.
on. shall be limited to the review OF
OF the spp.iist. diyision OF the supreme
court that there Is evidence supporting or
tending TO sustain a finding OF fact or q
verdict not directed by the court. shall be
reviewed by the court OF appeals. Except
where, the judgment Is 81 death: appesls
only from judgments or orders entered
upon decisions of the appellate division OF
The supreme court, finally Determining &C.
lions or special proceeding. and from
orders granting new trials on exceptions
where tho appellants stipuia,e that upon
rendered against them. The appellate a..
be taken as Of right 10 the court Of sp'
~ Where tho Judgment Is o. death:
t) From, n Judgment or order entered
OF oP1 Il. ~" supreme asS,.,0" court or :" Which, sSpe ansily Gs;s@.
where Is directly invoivsd the cons,mc:
the United sis,e.. or ~S.r. one or more
Of the justices who heard the case dtssents
t 4. , ..s ss;' 81, The Of ~ dss . s""ttI /, OF ., w@s.
or modified;
go From an order Of an appellate d.
new trial whore the appellant stipulste.
that. upon nfnrmance judgment absolute
shall be rendered against him.
The court Of appeals may. however. al
low an appeal upon anyl In any case
where In u. opinion u question Of law !,
involved, which lin It's opiuion,i ought te
be reviewed lby the cour, OF appealsl.
The Icgislatur. may further restrict thu
jurisdiction OF the court Of appeals and
the right OF appeal thereto, but the righl
20 appeal shall not depend upon ih'
amount involved.
apply to appeal. taken to the court Of ap'
pesi- lnrdets made or judgments rendered
by any general tsrml before the last day
hundred and tninety.nve.l fifteen. but lap.
pealsl the Judgments. or orders appealed
from shall be reviewed tth.refrom may b
] taken under NNfzflDR nTnNIAInna OF law
The court Of appeals may determine thu
qualifications and prescribe the rules regu
iorncys and counselors In the courts Of thu
state.
Abstrac,-The amendment to this sec
ton. dealing with the Jurisdiction OF tn
court Of appeals. was framed with a view
/, to carrying out the principle that ever
|, lttigsnt IL entitled to at least one review
on appeal. but that the court OF appeal
should hc preserved as n court TO review
and setLG questions Of law rather than a
sluns uf courts Of nrst Instance. BY a recen
amendment 10 section l5l; Of the code o
reversing or modifying A Judgment 4. en-
powered to make new findings OF fact an
. render judgment thereon. In such cases
= trial court, and unless a review of tn
|, facts Is allowed In the court OF appeal
= The lltiEani IL deprived OF the right to a
: least on" full review on appeal from IN
judgment OF tho trial court with this Elm
gle execution, the present limitation Of tn
- lflslANA lNN VI nv fphIN VI aHH'atN " I "
review Of questions Of law only-save I
capltsl Cases--is retained Section IL ais
. defines the jurisdiction of the court OF sp
= pesls The provision In the existing con
= sti'ution that no unanimous decision OF tn
: appellate division Of the supreme cour
g that there Is eyidenc" supporting or tend
' 1ict not dire 4 ~ the cour, shall be re
y viewed by n" cou-t ot Appeals Is elm
: mated. such question is essentially one G
: law. and experience has demonstrated tina
Z - withhold from the, court % appeals n
p right 10 consider such question has led ,
h peal from judgments ~ the appellate al
= vision 20 IN" cour, Of appeals is turtle
Z restricted by providing that appeals frot
= a Judgment or order entered upon sue
= decision finally determining actions q
Z special proceedings, may be taken on
- where there l. directly Involved the cor
r s'ructioT % the coustitu ion Of the stat
or ~ The United s,a'rS. or where one q
diss~nis from the decision Of the court
but the court Of appeals is authorized ,
opinion, q question OF law Is involve
e which ongh; to he reviewed. Appeals pend
ing December 81. 1915. are 10 be- revicwe
e under '~Nistlng provisions ~ Law. Til
, court OF appeals Is empowered to detormiu
: regulating tho admission r, practice OF a,
torneys and counsellors in the courts OF III
STATE This II now prov Wed by statut
ana q IL considered tina, such a p%rovls,o
Seciiou tlOl ie. Tho uljscs Of the cou.
Of appeals and the Justices Of the ~
- prem" court fhall no. hold any other a
/ nee or public trust. Al votes for any
them. for any other than "a judicial ono
- siven by the Legislature or the people. sha
p, he void.
Section I'M Is. Judges OF ,he court
appeals and justices of the supren
court IL may be removed by concurrer
resolution Of both houses Of the leeisl,
N ture. II two-thirds of all the membel
A elected 10 each house concur therein. A
other judicial officers. except justices
the peace and Judges or Justices OF interi'
courts not 90 record. may be removed /
20 the senate, ON the recommendation Of u
!, governor, II two-thlrds OF ali the mombe
80 elected to the senate concur therein. n
no officer shall be removed by virtue
this section except for cause. which sha
be entered on the Journals, nor unless !
y, shall have been served with a stAtemei
:, 81 the cause alleged. and shall have I'M
Ne an opportunity 10 be heard. ON the que
RI ton OF r"mona,' III Yea and nays sha
,r section li?l II. No person shall no
the office ~ Judge tori. Justice OF ri
court or surrogate longer than until al
after he shall he seventy years ~ az
re- Each justice OF the supreme court sha
, receive from the state 1.-THE sunni an ~
! nual salary OF ten thousand dollars In
~ yearl Those assigned to the appella
~ divisions In the third ana fourth depar
y. ments shall each receive IN addition q
sum Of two thousand do.iars, and the pr
. siding justices thereof the sum OF two tho
w sand live hundred dollars per year. tThos
- The Justices now In Office or her-aft
w elected In the rrst and second judicial d
w p%artments shall continue TO receive fro
y. their respective cities, counties or al
"" tricts, as now provided by law, such Add
w tional compensation as Will make ths
H. aggregate compensation what they Il
". any judicial department other than 4
"a FIRST or second. and assigned to the a
~ pellate divisions OF the first or EoCoI
IN departments shall. while so assigned r
W. ..I.. g,.,,,. .hnS. IA N p N, ont H.