N.J. Constitutional Convention: Vol. 4, Page 487


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Thursday, July 24, 1947 (Afternoon session)

terminations, final or interlocutory, of inferior courts and final determinations of statutory tribunals to an intermediate appellate court?" There were 44 yes and 16 no.

"Are you in favor of allowing appeals as of right to the highest court from all final judgments, decrees or determinations of the intermediate court exercising its original jurisdiction?" - 35 said yes and 25 no. Or, "Appeals as of right only to the appellate division of an intermediate court with further appeal to be permitted to the highest court only" - under any one of these five conditions which I shall read to you: "(1) Where there is a dissent in the appellate division?" - 27 said yes and 32 no. "(2) Where the intermediate court has made a judgment of reversal or modification?" - 27 said yes and 33 no. "(3) On certification by the court rendering the judgment?" - 27 yes and 32 no. "(4) On certification by the highest court?" - 25 yes and 33 no. "(5) In such other cases as may be provided by law?" - 26 yes and 30 no.

They favor the right of an intermediate appeal, according to the first part of the question, but not under any of these conditions do they favor going to the highest court.

Next, "Where constitutional questions are involved, are you in favor of taking an appeal from a statutory or inferior court direct to the highest court?" - 53 yes and 8 no.

"Are you in favor of allowing the highest court to certify for direct review any final determination of an inferior court or statutory tribunal?" - 46 said yes and 11 no.

"Are you in favor of giving appellate courts the power of setting aside judgments at law or determinations of statutory tribunals wholly or in part, where the finding of fact is against the weight of evidence or the verdict excessive or inadequate?" - 53 said yes and 10 no.

"Are you in favor of allowing appellate courts to find the facts anew where the lower court tried the case without a jury?" - 41 said yes and 11 no.

"Are you in favor of allowing the appellate courts to affirm, reverse or modify orders, judgments or decrees and make final determination thereof, unless the ends of justice, or the right of trial by jury requires a new trial or hearing?" - 53 said yes and 5 no.

That is the questionnaire that was mailed out, and that's a tabulation of the answers we have received. I've had no occasion to talk to any of the persons who sent in the answers; as a matter or fact, they weren't signed in any way, so that I didn't know how they voted. There were, if I recall correctly, either 10 or 11, where remarks were invited; who remarked they approved the system of courts similar to the system in New York State.

I think that is about all I can report to you. I don't feel that I'm qualified or competent to answer any questions not covered in


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