Ex parte Braudlacht
New York Supreme Court
Motion for prohibition to the marine court of the city of New-York. In August last, a judgment was rendered in favor of Ranch against the relator by the justices of the marine court of the city of New-York.
Read the full summary
Motion for prohibition to the marine court of the city of New-York. In August last, a judgment was rendered in favor of Ranch against the relator by the justices of the marine court of the city of New-York. The relator, who was defendant in the marine court, removed the cause by certiorari to the superior court; afterwards the plaintiff (Ranch) applied to one of the justices of the marine court for an execution, offering as security the refunding bond required by the statute. (2 R. L. of 1813, p. 396.) The defendant thereupon applied to the circuit judge of the first circuit to allow a writ…
1Opinion of the Court
By the Court,
Cowen, J.
By the statutes cited, the power to order execution, .on security being given in a prescribed form, belongs either to the marine court or the superior court. This is not denied; though it is made a question to which. If the former, and the bond be in proper form, of course no objection can be raised in *368any way. If all jurisdiction were taken away from the marine court by the certiorari, and the power to issue execution confided by the statutes to the superior court only, then the act of the marine court would be irregular and void; and, if it were judicial, prohibition…
2Cases cited5 opinions
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- People v. S. S. SewardNew York Supreme Court · 1832
- Storm v. OdellNew York Supreme Court · 1829
- People ex rel. Dumont v. Tompkins General SessionsNew York Supreme Court · 1838
- State v. HudnalSupreme Court of South Carolina · 1820