People ex rel. Debenetti v. Clerk of New York Marine Court

By the Court.—Roosevelt, J.

An order was made in this case directing a mandamus to the clerk of the Marine Court *58to compel him to issue an execution on a judgment rendered by one of the justices of that court. The clerk objects that the judgment, although regularly rendered by the Marine Court had been regularly reversed by the Court of Common Pleas. The relator, on the other hand, contends that the reversal was a nullity—that the Common Pleas, in that stage of the proceeding, had no jurisdiction, that an appeal from the decision of a single justice of the Marine Court could only be taken, in…