Page images
PDF
EPUB

CHAPTER III.

CIVIL JURISDICTION OF THE PRINCIPAL COURTS OF RECORD; ORGANIZATION, MEMBERS, AND OFFICERS THEREOF; DISTRIBUTION AND DISPATCH OF BUSINESS THEREIN.

TITLE I. THE COURT OF APPEALS.
TITLE II.- THE SUPREME COURT.
TITLE IV. - THE MARINE COURT OF THE CITY OF

NEW-YORK.
TITLE V.- THE COUNTY COURTS.

TITLE I.

The court of appeals. ABTIOL. 1. Jurisdiction, and mode of exercising the same; general

powers; terms and sittings. 2. The clerk of the court. 3. The State reporter; publication and distribution of the ro

ports.

ARTICLE FIRST.

JURISDICTION, AND MODE OF EXERCISING THE BAME

GENERAL POWERS; TERMS AND SITTINGS.
SEC. 190.*The Jurisdiction of the court of appeals in civil actions.

191. Limitations, exceptions and conditions.
192. Court may make rules.
193. Remittitur; when judgment absolute to be rendered, and

proceedings thereupon.
194. Second and subsequent appeals.
195. Times and places of holding terms.
196. Court may be held in any building; adjournments.
197. Officers to be appointed by court.

$ 190. [Amended, 1895.] The jurisdiction of the court of appeals in civil actions.—The court of appeals has exclusive jurisdiction to review upon appeal every actual determination made prior to the last day

of December, eighteen hundred and ninety-five, at a general term of the supreme court, or by either of the superior city courts, as then constituted, in all cases in which, under the provisions of law existing on said day, appeals might be taken to the court of appeals. From and after the last day of December, eighteen hundred and ninety-five, the jurisdiction of the court of appeals shall, in civil actions and proceedings, be confined to the review upon appeal of the actual determinations made by the appellate division of the supreme court in either of the following cases, and no others:

1. Appeals may be taken as of right to said court, from judgments or orders finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that. upon affirmance, judgment absolute shall be rendered against them.

2. Appeals may also be taken from determinations of the appellate division of the supreme court in any department where the appellate division allows the same, and certifies that one or more questions of law have arisen which, in its opinion, ought to be reviewed by the court of appeals, in which case the appeal brings up for review the question or questions so certified, and no other; and the court of appeals shall certify to the appellate division its determination upon such questions. In effect Jan, 1, 1896. L. 1895, ch. 946. Co. Proc. $ 11, am'd. Paddock v. Springfield, 12 N. Y. 591 ; Tompkins v. Hyatt, 19 id. 534 ; Morris v. Merrange, 38 id. 172; Platt v. Platt, 13 Alb. L. J. 100; De Barante v. Deyermand, 41 N. Y. 355 ; Leland 1. Hathorne, 9 Abb. N. S. 97; s. c., 42 N. Y. 547 ; Gregory v. Cryder, 10 Abb. N. S. 289; Townsend v. Hendricks, 40 How. 143; Yates v. North, 44 N. Y. 274; Kain v. Delano, 11 Abb, N. S. 29 ; Bush v. Treadwell, 1d. 27.

$ 191. (Amended, 1895.] Limitations, exceptions and conditions.—The jurisdiction conferred by the last section, is subject to the following limitations, exceptions and conditions:

1. No appeal shall be taken to said court, in any civil action or proceeding commenced in any court other than the supreme court, county court or a surrogate's court, unless the appellate division of the supreme court allows the appeal by an order made at the term which rendered the determination, or at the next term after judgment is entered thereupon, and shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals.

2. The jurisdiction of the court is limited to the review of questions of law.

3. No unanimous decision of the appellate division of the supreme court that there is evidence supporting or tending to sustain a finding of fact or a verdict not directed by the court, shall be reviewed by the court of appeals. In effect Jan, 1, 1896. L. 1895, ch. 946. Co. Proc., part of $ 11; L. 1871, ch. 282, $ 8; L. 1874, ch. 322 (9 Edm. 895); Arnold v. Robertson, 50 N. Y. 683; Cobb v. Hatfield, 46 id. 533; Heinrich v. Kom, 47 N. Y. 658; Jackson v. Purchase, 1 Kilt, 357; 8. C., 14 How. 230; Palmer v. Moeller, 9 Abb. 20; Drucker v. Patterson, 2 Hilt. 135; Clapp v. Graves, id. 243; Younghanse v. Fingar, 47 N. Y. 99; Smithv. White, 23 id. 572; Flora v. Carbean, 38 N. Y. ill; Wait v. Van Allen, 22 id. 319; Hoffenberth v. Muller, 12 Abb. N. S. 222 ; 8. C., 6 Traps. App. 231 ; King v. Galvin, 62 N. Y. 238; Ryan v. Waule, 63 id. 57; Roosevelt v. Linkert, 15 Alb. L. J. 46 ; People v. Horton, 64 N. Y. 58; Butterfield v. Rudde, 58 id. 489; Sprague v. Western Union Co., 64 id. 658; Produce Bank v. Morton, i Abb. New Cases, 174.

§ 192. [Repealed Jan. 1, 1896. L. 1895, ch. 946.]

$ 193. Court may make rules.—The court may from time to time make, alter, and amend, rules, not inconsistent with the constitution or statutes of the State, regulating the practice and proceedings in the court, and the admission of attorneys and counsellors at law, to practice in all the courts of record of the State. L. 1870, ch. 203, & 2; and L. 1871, ch. 486, X1.

$ 194. Remittitur ; when judgment absolute to be rendered, and proceedings thereupon. -- The judgment or order of the court of appeals roust be remitted to the court below, to be enforced according to law.(1) Upon an appeal from an order granting a new trial, on a case or exceptions, if the court of appeals deter. mines that no error was conmitted in granting the new trial, it must render judgment absolute upon the right of the appellant; and after its judgment has been remitted to the court below, an assessment of damages, or any other proceeding, requisite to render the judg. ment effectual, may be had in the latter court.(2)

Co. Proc., parts of #11 and 12. (1) Wilmerding o. Fowler, 15 Abh. N. S. 86; Brown v. Leigh, 50 N. Y. 427 ; Cushman o. liadteid, 15 Abb. N. S. 109; Langley u. Warner, 2 Code, 97 ; Walters v. People, 19 Abh. 212; Thompson v. Blanchard, 2 N. Y. 560. (2) People v. Lacoste, 37 X. Y 197.

$ 195. Second and subsequent appeals. — Upon a second and each subsequent appeal, including a cabo where a former appeal has been dismissed for a defect or irregularity, the time of filing the return, upon the first appeal, determines the place of the cause upon the calendar. Id, part of 13. See post, 789-793.

$ 196. Times and places of holuing terms. The lerins of the court of appeals must be appointed to be bold, at such times and places as the court thinka proper, and continued as long as the public interest requires. L. 1870, ch, 203, part off 1; L. 1849, ch. 333, part of 1.

$197. Court may be held in any building; adjourn ments. - A term of the court may be appointed to be held in a building, other than that designated by law for holding courts. A term may be adjourned from the

place where it is appointed to be held, to another place In the same city. One or more of the judges may adjourn a term, without day, or to a day certain. 00. Proc., { 16.

f 198. Officers to be appointed by courte - The court may, from time to time, by an order entered in ita minutes, appoint and remove its clerk, its reporter, and much attendants as it deems necessary.

ARTICLE SECOND.

TIIE CLERK OF THE COURT.

luo. 199. Clerk of the court of appeals to give bond; rooms for his omca

200. To appoint a deputy. "Powers of deputy.
201. May employ assistants in his office. Special depaty.
202. Is successor of former clerk of court of appeals,
203. Money in custody of clerk to be deposited in bank.
204. Cierk to report to court of appeals, concerning money.
200. Amount deposited to be certiñed by cashier.
206. Court may order money to be invested; restriction as to draw.

ing money from bank.
207. Court may appoint person to exainine accounts.

208. Court may make rules concerning money. $ 199. Clerk of the court of appeals to give bond; rooms for his office. - The clerk of the court of appeals, before entering upon the duties of his office, Inust subscribe, and file the constitutional oath of office, and must execute, and file in the comptroller's office, a bond to the people of the State, in the penalty of twen. ty-five thousand dollars, with two sufficient sureties, approved by the comptroller, and conditioned for the faithful performance of the duties of his office. If the bond is forfeited by a breach of its condition, the court of appeals must, by order, direct an action to be brought Thereon. The money recovered must be applied, under the direction of the court of appeals, to indemnify the persons aggrieved by the breach, in proportion to their respective losses, and to make good any other loss, occasioned by the breach. The clerk must keep his office at the city of Albany, and the trustees of the State-hall must assiga him suitable rooms therein, for that purpose.

Const., art. 6, part of (20; L. 1847, ch. 277, 14 (4 Em. 856); and id.. 62. 276, 15 (8 R. 8., 6th ed., 262; 3 Edm. 48). See, also, L. 1870, ch. $92, 9.

3 200. To appoint a deputy. Powers of deputy.-The clerk, by & writing, under bis hand and tho seal of

« PreviousContinue »