Benedict v. Howell

The opinion of the court was delivered by

Depue, J.

A mandamus is applied for in this case, to be directed to the judge of the first District Court of the city of Newark, commanding him to send up to the Court of Common Pleas of the county of Essex, a statement of the case in the said cause.

District Courts in the city of Newark were established by the act of 1873. Acts, 1873, p. 245.

By Section 11, it is provided that the cause may be tried by the judge or by a jury, and the determination of the judge, or the verdict of the jury, is made final and conclusive upon questions of fact, except that…