People ex rel. Griffin v. Justices of the Marine Court of the city of New-York
New York Supreme Court
Griffin obtained a judgment in the marine court of the city of New-York against one Smith, which was set aside by the marine court, and the plaintiff subsequently refusing to go to trial on the issue joined in the cause, judgment of nonsuit was entered against him.
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Griffin obtained a judgment in the marine court of the city of New-York against one Smith, which was set aside by the marine court, and the plaintiff subsequently refusing to go to trial on the issue joined in the cause, judgment of nonsuit was entered against him. Griffin then applied to this court and obtained an alternative mandamus, directing the marine court to set aside the judgment of nonsuit, and to proceed and execute the judgment rendered in favor of the plaintiff, or to show cause, &c. The marine court obeyed the alternative mandamus, by setting aside the judgment of nonsuit. Smith…
1Opinion of the Court
The Court,
Nelson, J.
presiding, refused to grant the motion ; and in delivering his opinion, the judge observed, that if a return were made to the alternative mandamus, it would be of no avail to the party asking it, for the purpose of presenting the questions relied upon by him as error on the part of the plaintiff in the court below. In reference to the power of the marine court to set aside judgments, he observed: “We have looked into the statute instituting this court, and investing it with judicial powers, and we are satisfied no authority can there be found authorizing the marine court…
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