N.J. Constitutional Convention: Vol. 4, Page 267
which involved a matter of life or death, those in which a constitutional question was involved, cases where there had been a dissent in the Appellate Division, and in other cases by permission. We didn't want to make the matter too inelastic here, because experience has shown that, for instance, if more than one part of the Appellate Division were created, it would be perfectly possible for the two parts to reach diverse opinions on the same subject and you have two sets of law which, unless they could be appealed to the highest court, would be incapable of resolution. So, things like that are left open for action by court rules or statute.
Now, when you come to divisions, we had considerable debate on the number of men who should constitute each section of that part of the court, and it was our thought that since the decisions of the Appellate Division would be expected to be final in so many cases, that we should have at least five men. Page 2 of our draft provides: "The Appellate Division of the General Court shall consist of one or more parts with at least five judges each." We did not specify the number of judges who would be in the Law Division of the General Court, in addition to the Chief Judge, or the number of Vice-Chancellors who would be in the Chancery Division in addition to the Chancellor, but we thought that those matters should be left entirely to the discretion of those who had the benefit of more intensive research into the mechanics of the problem than we had.
Now, as Mr. Lasher has told you, we have attempted to make provision both with respect to the Law Division and the Chancery Division, which will permit of a complete decision in a controversy. The Law Division has the approximate general jurisdiction of the Supreme Court in law matters; the Chancery Division has the approximate general jurisdiction of the Chancery Court in Chancery matters. The court rules will provide the division in which, according to the nature of your cause of action, you will file your case. But if you comply with the rules of court and file your case in that one division, there you stay until the whole case is decided, no matter what come up. At least, that is our hope, and we did that to obviate the situation which has arisen frequently and which Mr. Lasher just called attention to in a recent case, where you get into the wrong court and have to go back.
Now, in the State of New York it is handled by trial terms and special terms for trials, and it depends primarily upon whether or not you are entitled to a jury and, of course, that depends upon whether you seek equitable relief or purely legal relief. Now legal relief, generally speaking, is a demand for money only. Of course, in addition to that there are actions in ejectment, or actions in replevin, which Chief Justice Brogan suggested - and I think Mr.
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