N.J. Constitutional Convention: Vol. 4, Page 481

Thursday, July 24, 1947 (Afternoon session)

Would it help your practice in the federal court if somebody, either in the court or in the clerk's office, made up an equity calendar and had someone try equity cases one right after the other instead of putting them in between law cases and statutory cases?

JUDGE MADDEN: It would be very difficult to try to do that because we have two classes of cases, either law cases or civil action cases. As you know, by the 1938 laws they were all thrown into the one pot, and they are either jury or non-jury cases.

MR. WINNE: I understand that, and some of them are equitable.

JUDGE MADDEN: That's right. Now, while we are our own bosses, if we don't dispose of cases somebody might come around and ask us why not.

MR. WINNE: Well, I said why not take all equity cases and put them on one calendar?

JUDGE MADDEN: Then if we followed that through, wouldn't you then have to establish a jury criminal, a jury civil, an O.P.A. calendar, a Fair Labor Standards calendar, an equity calendar, a patent calendar, etc.? Why, you would have more calendars than you would have months in a year, and you just can't do it.

VICE-CHAIRMAN: Judge, you referred to a specific performance suit. In what respect does the hearing on a specific performance suit differ from a hearing, insofar as the judge is concerned, in a contract action where the case goes to a jury?

JUDGE MADDEN: None, except, Mr. Jacobs, that we do try as much as it is humanly possible to follow the established equity precedents in the State of New Jersey.

VICE-CHAIRMAN: The point I make is that the judge would be doing the same thing, except that the ultimate relief would be different. Is that right?

JUDGE MADDEN: That's right.

MR. BROGAN: Judge, why do you think that there ought to be a dual right of appeal in capital cases? We don't have it now.

JUDGE MADDEN: Isn't it better to have two courts say the man was wrong and he should pay the penalty?

MR. BROGAN: Yes, I suppose, as a general proposition that is so. Is there any court that you know of in the East - I don't know anything about the West myself, maybe you do - that does give a double writ of error?

JUDGE MADDEN: I don't know, except that, in effect, we have it here by the Court of Pardons.


MR. BROGAN: I never heard of that one.


JUDGE MADDEN: They set it down. They take away the

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