N.J. Constitutional Convention: Vol. 4, Page 601


Part I


       Section, except in such cases as the law may provide for hearing by a single judge.  
  • 10. All final judgments, decrees or determinations of the Supreme Court in exercise of its original jurisdiction, are to be appealable as of right to the Court of Appeals. Interlocutory orders and determinations of the Supreme Court in exercise of its original jurisdiction, are to be appealable to the Appellate Section of the Supreme Court, or, if certified by the Court of Appeals, directly to the Court of Appeals. Additional provisions may be made by law for appeal of interlocutory determinations directly to the Court of Appeals.  
  • 11. Appeals from judgments of the Supreme Court, in exercise of its appellate jurisdiction, are to be allowed to the Court of Appeals:     
    • (a) Where the Supreme Court has made a judgment of reversal or modification;  
    • (b) Where there is a dissent in an Appellate Section;  
    • (c) On certification by the judge or Appellate Section rendering the judgment;  
    • (d) On certification by the Court of Appeals;  
    • (e) In such other cases as may be provided by law.  
  • 12. Appeals may be taken directly to the Court of Appeals from judgments of inferior courts or statutory tribunals, whenever a question of constitutionality is raised and in effect is decided. The Court of Appeals may certify for direct review any final determination of an inferior court or statutory tribunal.  
  • 13. The Court of Appeals and the Supreme Court acting in its appellate jurisdiction, in addition to their other powers, shall have the power to set 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; and in cases in equity, and at law where tried by the court without a jury, the appellate court may find the facts anew. In all cases the appellate court may 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 shall require that a new trial or hearing be ordered.  

The Committee Action on the Foregoing Propositions

The division of opinion among the members of the Committee with respect to the foregoing propositions and the principal alternative proposals by minorities of the Committee were as follows:

1. Unanimous.

2. Unanimous.

3. Four members of the Committee voted for the creation of a court of chancery to exercise equity jurisdiction separate and apart

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