N.J. Constitutional Convention: Vol. 4, Page 98
Justices of the Superior Court, and we felt that the Justices of the Supreme Court should at least be subject to that same review.
VICE-CHAIRMAN: Seven years is borrowed from the present term ...
MR. PETERSON: I know.
VICE-CHAIRMAN: Are there any further questions?
MR. HORACE G. BROWN: The question might be asked as to how we felt about the unified court system and the abolition of the Court of Chancery. We are only interested in seeing that litigation is streamlined to this extent. We hope that we can overcome the old system where you start a proceeding in one court that would be an appeal to the Court of Chancery, assuming the first proceeding was started in a law court, and you ask for an injunction to withhold the proceeding in the law court until the Court of Chancery can decide something. We feel, whatever the final setup is in regard to the administration of equity and legal principles, that either court who takes jurisdiction should be able to make the remedy complete - follow it to the conclusion without having to go to another court.
VICE-CHAIRMAN: You think the 1944 proposal would accomplish that?
MR. BROWN: We think so.
MR. CRESSE: Some of the older members of our bar felt that the present system was adequate and satisfactory, but out of deference to the wishes of the overwhelming majority of the younger members of the bar, they agreed to go along, and I bear with me no minority recommendation.
MR. AMOS F. DIXON: How many cases of this trouble - this jurisdictional trouble - have you had? Is it a large percentage?
MR. BROWN: Very few.
MR. DIXON: Is it one out of a hundred or one out of a thousand?
MR. BROWN: That depends on what type of practice you have.
MR. DIXON: Take your bar association, if you wish. Consider the bar association as a whole, the total number of cases. Is it a large percentage that have jurisdictional trouble?
MR. BROWN: No, not a large percentage.
MR. DIXON: Could you guess what it is among your men - one per cent, one out of a hundred that have jurisdictional trouble?
MR. BROWN: Maybe one or two out of a hundred.
MR. DIXON: Take the whole run of cases.
MR. BROWN: But a large percentage of cases involve real property matters and estate matters. In a large percentage of those cases you could be subjected to intervention of a Court of Chancery.
MR. CRESSE: It is very difficult to arrive at an absolute answer to your question, too, because in many of those jurisdictional ques-
Previous Page in Book ********* Table of Contents *********** Next Page in Book