« PreviousContinue »
OF THE COURTS OF JUSTICE, AND THEIR JURIS
II. OF THE Court of APPEALS.
OYER AND TERMINER.
IN THE CITY OF New YORK, AND THE MAYORS' AND
RECORDERS' COURTS IN OTHER CITIES.
of the Courts, in General.
SECTION 9. The several courts of this state.
10. Their jurisdiction generally. § 9. The following are the courts of justice of this state: The sever
al courts of 1. The court for the trial of impeachments.
this state. 2. The court of appects. 3. The supreme colist.. 4. The circuit courts. 5. The courts of oger and terminer, 6. The county courts. 7. The courts of sessions. 8. The courts of special sessions. 9. The surrogates' courts. 10. The courts of justices of the peace. 11. The superior court of the city of New York.
12. The court of common pleas for the city and county of New-York.
13. The mayors' courts of cities.
Their juris 8 10. These courts shall continue to exercise the jurisdiction generally. diction now vested in them respectively, except as other
wise prescribed by this act.
Of the Court of Appeals.
12. May reverse, affirm or modify judgment or order appealed
from. 13. Terms of the court. Preference of causes. 14. Number of judges who may give judgment. 15. Sheriffs to provide rooms, &c., for court. 16. Court may be adjourned to places other than those desig.
nated by law. Its jurisdic. $ 11. The court of appeals shall have exclusive jurisdiction
to review, upon appeal, every actual determination hereafter made at a general term, by the supreme court, or by the superior court of the city of New York, or court of common pleas for the city and county of New York, in the following cases, and no other :
1. In a judgment in an action..commenced therein, or brought there from another court, cad : upon the appeal from such judgment, to review any intermediate order involving the merits, and necessarily affecting the judgment :
2, In an order affecting a substantial right, made in such action, when such order in effect determines the action, and prevents a judgment from which an appeal might be taken :
3. In a final order, affecting a substantial right made in a special proceeding, or upon a summary application, in an action, after judgment :
4. In an order granting a new trial, but such an appeal shall not be allowed in an action originally commenced in a court of a justice of the peace, or in the marine court of the city of NewYork, or in un assistant justices' court of that city, or in a jus
tices' court of any of the cities of this state. May re. § 12. The court of appeals may reverse, affirm, or mojungl. aut dify the judgment or order appealed from, in whole or in
part, and as to any or all of the parties; and its judgment or order apshall be remitted to the court below, to be enforced ac- froin. cording to law.
§ 13. There shall be four terms of the court of appeals, in Terms of cach year, to be held at the capitol in the city af Albany, on the first Tuesday of January, the fourth Tuesday of March, the third Tuesday of June, and the third Tuesday of September, and continued for as long a period as the public interests may require. Additional terms shall be appointed and held at the same
Preference place by the court when the public interest requires it. The court may, by general rules, provide what causes shall have a preference on the calendar.
§ 14. The concurrence of five judges is necessary to pro- Number of nounce a judgment. If five do not concur, the case must be may give
judgineur. re-heard. But no more than two re-hearings shall be had, and if, on the second re-hearing, five judges do not concur,
the judgment shall be affirmed.
§ 15. If at a term of the court of appeals, proper and Sherils 19 convenient rooms, both for the consultation of the judges rooms, &c. and the holding of the court, with furniture, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of its business, be not provided for it, in the place where by law the court may be held, the court may order the sheriff of the county to make such provision, and the expense incurred by him in carrying the order into effect, shall be a county charge. $ 16. The court of appeals may be held in other buildings Court may
be arljourn. than those designated by law as places for holding courts, and ed to place at a different place in the same city from that at which it is to desi appointed to be held. Any one or more of the judges may adjourn the co:er', with the like effect as if all were present.