Civil List and Constitutional History of the Colony and State of New York, Part 33

Author:
Publication date: 1886
Publisher: Albany
Number of Pages: 1380


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The Legislature is empowered to provide for detailing Judges of the Superior Court and Court of Common Pleas of New York to hold Cirenits and Special Terms in that city, as the public interests


I An amendment to the Constitution adopted November 1. 1579. authorized the election of an additional Justice in the second district, in which is located the city of Brooklyn.


288


EXISTING SUPREME COURT.


may require. Justices of the Supreme Court are to be chosen by the electors of their respective districts; their official term being fourteen years ; no person can hold the office of Justice longer than until the last day of December next after he shall have reached the age of seventy years; they receive compensation to be established by law, which shall not be diminished during their official term, the same being paid by the State Treasurer.'


By an act of April 27, 1870 (ch. 408), the General Terms, as then organized, were abrogated from and after May 1, 1870, and provision was made for a reorganization thereof. The State was divided into four departments, and the times and places of holding the General Terms therein the first year were fixed. The act ? required the Gov- ernor, immediately after its passage and thereafter from time to time as vacancies occurred, to designate from the whole bench of Justices of the Supreme Court, a presiding Justice and two associate Justices, for each department, to compose the General Term therein. The presid- ing Justice to act as such during his official term, and the associate Justices for five years after their designation ; the associate Justices are competent to sit in the General Term of any department of the State. The Justices resident in each department are required from time to time to appoint the times and places for holding Special Terms, Circuit Courts, and Courts of Oyer and Terminer, within their departments for the succeeding two years; to prevent the failure of any Special Term, Circuit Court, or Court of Oyer and Terminer, by reason of absence of the Justice assigned thereto, the Governor may designate and assign some other Justice to hold such court.


By the act of June 2, 1876, entitled " The Code of Remedial Justice," as amended June 5, 1877, and entitled "The Code of Civil Procedure," the General Term Justices of the Supreme Court and the Chief Judges of the Superior City Courts were required to meet in convention on the first Wednesday in October, 1877, and every two years thereafter, and establish and revise general rules of practice for all Courts of Record of the State except the Court for trial of impeachments and the Court of Appeals. The Justices in each department are required to designate the times and places of holding General Terms therein.


The Legislature of 1882 directed the submitting to the people the question of amending the Constitution so as to provide for organizing the Supreme Court - not more than five General Terms and for the election of two additional Justices thereof in the first, fifth, seventh and eighth Judicial Districts, and one additional Justice in the second, third, fourth and sixth Judicial Districts, the Justices so elected to be invested with their offices on the first Monday in June, 1884. The amendments were adopted at the election held in November, 1882, and by chapter 329 of the Laws of 1883, the State was divided into five


1 The Justices, except those of the first and second district receive compensation of $6, 000 per annum each, payable quarterly, and in addition an allowance of $5.00 per day for expenses when absent from home and engaged in judicial duties. The compensation of the Justices of the first and second districts Is fixed by special laws.


2 In accordance therewith Governor Hoffinan on May 25, 1870, made the designations required.


289


OYER AND TERMINER.


judicial departments, and provision was made for the election of the twelve additional Justices authorized.


A reporter of the decisions of the Supreme Court is appointed by a convention of General Term Justices, his term of office being five years and until his successor is appointed and qualified ; he is required to report and publish such of the decisions of the General or Special Terms as he deems for the public interest to have reported ; not more than three volumes of his reports are to be published in any year, and he must cause them to be kept on sale, to persons in this State, at not exceeding $2.50 per volume of not less than 700 pages. He is not entitled to other salary.


CIRCUIT COURTS AND COURTS OF OVER AND TERMINER.


By the Duke's Laws it was provided that upon information of any Court of Sessions to the Governor and Council, of any capital offender, a commission of Oyer and Terminer should issne for the more speedy trial of such person, unless the Court of Assizes was to sit within two months. Several Conrts were held under this pro- vision. In 1683 an act was passed " to settle courts of justice " which directed a Court of Oyer and Terminer to be held in the respective counties of the province, composed of one judge, assisted by four justices of the peace of each county named in the commis- sion. In the city of New York, the mayor, recorder, and four alder- men were associated with the judge. This court had jurisdiction over all capital, criminal or civil canses, trials at common law, and actions of £5 or upwards removed thither. It held a general appel- late jurisdiction over the other conrts of the colony, subject to an appeal to the king. The authority for holding the court was derived from a commission issued by the Governor, and directed to the judges named in the commission. It was abolished 6th May, 1691, but the name was retained in the Supreme Court to designate its criminal cirenit.


By an act passed April 19, 1786, one or more of the Justices of the Supreme Court were required to hold during the vacations, and oftener if necessary, Cirenit Courts in each of the counties of the State, for the trial of all issues triable in the respective counties. The proceedings were to be returned to the Supreme Court, where they were to be recorded and judgment given according to law. The Justices were likewise empowered to take Assizes of Novel Dis- seizin, or any other assizes, in their discretion, at the Circuit. In 1789 the Legislature enacted that all issues triable by a jury might


37


290


CIRCUIT COURTS.


be tried either at the Circuit or at the bar of the Supreme Court, without any order for the purpose. In 1797 an order was rendered necessary for such trials. On the 12th of February, 1796, the office of Clerk of the Circuit was abolished, and the duties devolved on the County Clerks. On the 10th of February, 1797, the Legislature passed a law directing the Court to designate, at its April term, one of their number to hold Cirenit Courts in the western, one in the eastern, one in the middle, and one in the southern district.


An act passed February 22, 17SS, provided for the holding of Courts of Oyer and Terminer by the Justice, at the same time with the Circuit, to continne until all business before it was disposed of. Two or more of the Judges and Assistant Judges of the Court of Com- mon Pleas were to sit in the Oyer and Terminer with the Justices. In the city of Albany there were associated with them the Mayor, Recorder and Aldermen. In the city of New York, the Mayor, Recorder and Aldermen, two or more of them, alone sat on the Bench with the Justices. These local magistrates could not sit on the Oyer and Terminer in any but their own counties. The Court had power to direct its process into any city or county. The Gov- ernor had power to issue commissions of Oyer and Terminer when- ever he deemed it advisable, always naming the Justice of the Supreme Court in the commission, with such others as the Governor and Council of Appointment might deem proper. Once in each year the records and processes were to be sent to the Exchequer to remain of record. On the 12th of February, 1796, the office of Clerk of the Oyer and Terminer was abolished, and its duties vested in the County Clerks. Seven Assistant Attorney-Generals for as many districts were also directed to be appointed.


The Constitution of 1821 (art. 5, see. 5), provided that the State should be divided, by law, into convenient number of Cirenits, not less than four nor exceeding eight, subject to alteration by the Legis- lature, from time to time, as the public good might require ; for each of which a Circuit Judge should be appointed, in the same manner, and hold his office by the same tenure, as the Justices of the Supreme Court ; and who should possess the powers of a Justice of the Supreme Court at Chambers and in the trial of issues joined in the Supreme Court ; and in Courts of Oyer and Terminer, and Jail Delivery. It also provided that such equity powers might be vested in the said Circuit Judges, or in the County Courts, or in such other subordin. ate Courts as the Legislature might by law direct, subject to the ap-


291


CIRCUIT JUDGES.


pellate jurisdiction of the Chancellor. In pursuance of these pro- visions an act was passed April 17, 1823, dividing the State into eight Circuits, corresponding with the eight Senate districts. No changes were made in these districts during the continuance of the Court. Two Circuit Courts at least were held each year in every county of the State separately organized, except in the county of New York, in which the Court was held four times. Each Judge appointed the times and places for holding the- Courts within his Circuit, for the period of two years, and the length of time they should be held. The County Clerks were the Clerks of the Court, except in the comity of New York, where the Clerk of the Supreme Court was Clerk. Each of the Cirenit Judges was to appoint a Clerk of the Court of Equity to be held by him, who was to perform all the duties of a Register of said Court. He was to have a seal, to be used in all equity proceedings. This Seal was filed May 24, 1823, and is de- scribed as follows : " In the centre an open scroll, surrounded by rays ; the word Eorrry inscribed on the upper part of the scroll, and a sword and olive branch crossed upon the lower edge, surrounded with the legend, STATE OF NEW YORK. CIRCUIT COURTS." See Plate O, No. 5.


The Circuit Judge also held a Court of Oyer and Terminer, at the same time and place with the Cirenit, or otherwise if they so ap- pointed. In the counties, at least two of the Judges of the county were associated with them. In the city of New York, the Mayor, Recorder and Aldermen, or any two of them, sat with the presiding Justice, who might also be the first Judge of the Court of Common Pleas. In Albany, Colmbia and Rensselaer counties, the Mayor, Recorder and Aldermen, or any two of them, and in Schenectady the Mayor and Aldermen, might sit on the bench instead of the County Judges. The Governor was empowered to issue special commissions of Oyer and Terminer, addressed to a Supreme Court or a Cirenit Judge, if in his opinion necessary. The Court had power, by a grand jury of the county, to inquire into all crimes and misde- meanors within the county, to try all indictments found by the grand jury and at the Court of General Sessions of the Peace which had come into the Oyer and Terminer, and to deliver the jails of the county, according to law, of all prisoners therein. All indictments found by the Grand Jury for offenses triable at the Court of Gene- ral Sessions could be sent to the Oyer and Terminer for trial. The court possessed a seal. It could send its writs into any other county of the State. Uniform rules and regulations were to be established for conducting business in each Court.


292


OLD SUPREME COURT JUDGES.


Auy Judge of the Supreme Court could hold a Circuit Court or preside at the Oyer and Terminer. In the counties of New York, Albany and Oneida, a Justice of the Supreme Court was directed to hold such Courts once in each year. The Judges were appointed by the Governor and Senate. *


CHIEF JUSTICES OF THE SUPREME COURT.


CHIEF JUSTICES.


APPOINTED.


CHIEF JUSTICES.


APPOINTED.


Joseph Imdley 1


May 15, 1691


John Jay 9,


May 8. 1777


William Smith


Nov. 11. 1092


Richard Morris.


(Ict.


23 1779


Stephen van Cortlandt 2 ...


Oct. 30, 1700


Robert Yates 10.


Sept. 2. 1790


William Smith 3. 4


Nov. 25, 1700


John Lansing, Jr ..


Feb. 16. 17.18


Abraham De Peyster 2 ...


Jan. 21, 1701


Morgan Lewis ...


July


2. 1504


Willian Smith 3.


9, 1702


Smith Thompson ..


Feb.


3, 1-14


lohn Bridges.


.Inne April 5, 1703 !


Ambrose Spencer.


Fcb.


29. 1>19


Roger Mompesson 5


July 15. 1701


Jau.


29. 1=23


la wis Morris 6 ..


Mch. 13, 51


Sammel Sebou


Ang. 31. 1:31


James be Lancey


Ang. 21. 1733


Greene C. Bronsott.


March 5. 1>15


Benjamin Pratt 7


Nov. 11, 176]


Sannel Beardsley


June 28, 1>17


Daniel Horsemanden 8.


Mch. 16, 1763


COLONIAL COURT-ASSOCIATE OR PUISNE JUDGES.


JUDGES.


APPOINTED.


JUDGES.


APPOINTED.


Thomas Johnson 11


May 15. 1090


Frederick Philipse 12.


21. 1731


William Smith 12.


May


15, 1691


Frederick l'hitipse 11 ..


Ang.


21. 1733


Stephen van Cortlandt 13, 2.


May


15. 1691


Daniel Horsemanden 12, 16.


Jan. 21. 1736


William Pinhorne 2. 1t.


May 15, 1691


John Chambers 11, 17


July 30. 1731


William Pinhorne 11


April 3, 16'3


Daniel Horsemanden 12, 15


2x. 1753


Cladley Brooke


Amil 3, 1693


David Jones 13, 18 ..


Nov. 21. 1758


Jolm Lawrence.


April 3, 1693


Daniel Horsemanden 11


Mich.


26. 1762


lolm Guest 11


.line,


Hvid clones 12.


Mlel :.


16. 1763


Robert Walters 12, 2.


Ang.


5. 4701


Wilham Sunth, the eller 12


16, 1773


lobin Bridges 11.


June 11, 1702


Robert R. Livingston 13 ..


16. 1543


Robert Mitward 11.


April 5, 1703


George D. Indlow.


11. 179


Thomas Wenham 12, 2.


April 5, 1703


Sept. 29, 1773


James De Lancey 11.


June 21, 1731


Whitehead Hicks 18


Feb. 11, 1776


STATE COURT - PRISNE JUSTICES.


JUSTICES.


IN WHOSE PLACE.


APPOINTED.


JUSTICES.


IN WHOSE PLACE.


APPOINTED.


Robert Yates 19.


May 8. 1.77


Joseph C. Yates


Livingston


Feb. 8. 1808


John Sloss Hobart 19 .


May 8, 17:7


Jonas Platt ...


Thompson


Feb. 21. 1×14


Jolm Lansing, Jr. 20 ...


Vates.


Sep. 2. 1740


John Woodworth


Spencer


Mch. 27. 1-19


Morgan Low ks 21


Dee. 21, 1792


Jacob Sunderland 23.


Yates. ...


.lan. 29. 1823


Lebert Benson 22.


.l.n. 29. 1791


William L. Marcy ......


J.m. 21. 1829


James Kent 23


Lausing


Feb. 6. 1798


Samuel Nelson. ..


Marey.


Feb. 1. 1:30


John Cozme 21.


Hobart


Ang. 9. 1798


Sutherland ...


Jan. 6. 1536


Jacob Radelit'


Cazine.


Dec. 27, 1798


Nelson ..


Ang. 31. 1836


Brockholst Livingston,


Lewis


.lan. 5, 1:02


Sammel Beardsley 23


('owen . .....


Feb. 20. 1814


Smith Thompson 23. ...


Benson


.l.m. 8, 1-02


Freeborn G. Jewett ..


Bronson ..


Mch. 5, 1815


Ambrose Spencer ...


Radcliff


Feb. 3. 1-01


Frederick Whittlesey


Jewelt


June 30, 18-17


Imiel D. Tompkins.


Kent


.Inly 2. 1801


Thomas Mekissock ...


Beardsley


July 1, 18t7


William W. Van Ness,


Tompkins


June 9, 1-07


1 Smn lied divinity in early life, then engaged in politics. 2 Merchant. 3 Re-appointed.


4 Vice Van Cortland, deceased. 5 Vice Bridges, deceased. 6 Vice Mompesson, deceased.


7 Vice De Lancey. deceased. & Vice Pratt. deceased.


9 Appointed by an ordinance of convention ; commissioned by Council of Appointment, October 17, 1777. 10 Office vacated by attaining the age of sixty. 11 Second Judge. 12 Third Judge. 13 Fourth Judge. 11 Appointed Chief Justice January 21, 1701, and Assistant Judge August 5 of the same year.


15 Removed September 22. 1717.


16 Be-appointed October 11, 1261, and resigned November 18 of the same year.


1: Re-appointed October 11. 1761. 18 Vice Livingston, deceased.


19 Appointed by an ordinance of convention ; commissioned by Council of Appointment, Oct. 17, 1777. 20 Vacated by being appointed Chancellor. 21 .TIund Justice. 22 Fourth Jn - tice. 23 Resigned. 21 Deceased.


. Since the adoption of the Constitution of 1816, Cirenit Courts in each county have been held by a Justice of the Supreme Court ; any Justice may hold a Circuit Court in either of the counties of the State, such Court is a Court of Record, and the clerk of the county Is its clerk and his seal the seat of the Court. The Court has general jurisdiction in civil actions The Court of Over and Termher Is a Court of Record in ench county. By an act passed Jime 21, 18-2 (ch. 360), this Court Is to be held by a Justice of the Suprem> Court withont associates. It has general jurisdiction in criminal actions, and such as is conferred upon


by special statutes, and except in New York, the clerk of the county Is its clerk.


.


Abraham De Peyster 2, 15.


Det.


4, 1698


David Jones il ..


Mch.


Witham Atwood ...


Ang. 5. 1741


James Kent


Greene C. Bronson 21. Esek Cowen.


293


CIRCUIT JUDGES.


CASES REPORTED IN COURT OF ERRORS AND SUPREME COURT.


GEO. CAINES, " Cases in Court of Error and Impeachments," t>10 2 vols.


WILLIAM JOHNSON, " Reports in Supreme Court and Court of Errors," February, Iso6, to February,


1-23 ... 20 vols.


ESEK COWEN, " Reports in Supreme Comt. and Court of Errors," from May, 1 23, to August, 12 .... 9.vols. JOHN L. WENDELL, " Reports in Supreme Court and Court of Errors," from May, 1525, to October,


1511 .. 26 Vols. NICHOLAS HILL, Jr., " Reports in Supreme Court and Court of Errors," from January, 1511, to December, 1- 11. 7 vols.


HIRAM DENIO, " Reports in Supreme Court an I Court of Errors, " from May, 1815, to May, 1817. 5 vols.


" Cases in the Court of Errors, " Ist to 1516, Appeals . 12 vols.


"Cases in the Court of Errors," 1530 to 1-16, Writes of Error 11 vols.


T. M. LALOR, " Supplement to Hill and Denio's Reports," 1537. 1 vol.


CIRCUIT JUDGES.


JUDGES.


APPOINTED.


JUDGES.


APPOINTED.


First Circuit.


Samuel Beardsley ..


April 12. 1:34


Hiram Denio


May 7.1531


Ogden Edwards.


April 21. 1-23 Ang. 17. 1511 Feb. 19, 1-15


Philo Gridley ..


July 17.1:35


Second Circuit.


Samuel R. Betts. ..


April 21. 1823


Robert Monell


Feb. 11. 1-31


James Emotr


Feb. 21. 1-27 March 9. 1:31


Hiram Gray


Jan. 13, 1516


S-lah B. Strong.


March 27, 1-16


Seward Barculo.


April 4. 1810


Enos T. Throop. ..


April 21. 1-23


Third Circuit.


Daniel Moseley.


J.in. 16, 1-29


William A. Duer


April 21, 1-23 Jan. 12, 1530


John P. Cushman


Feb. 9. 1-3<


Amasa J. Parker


March 6, 18it


April 21 1-23


Allett JI. Tracy


March 26. 126


John Bird-all ..


April 18, 1:26


Reuben IL. Walworth


Esk Cowen


Jolin Willard


Fifth Circuit.


Nathan Williams.


April 21, 1823


JUDICIAL DEPARTMENTS AND DISTRICTS.


DEPARTMENTS.


First - First Andleid district.


Second - Second Judicial district.


Third - Third and Fourth distrlets.


Fourth - Filth and Sixth districts.


Fyth - Seventh and Eighth districts. DISTRICTS.


First -- New York county.


Seemet-Dutchess, Kings, Orange, Putnam, Querns. Richmond, Rockland, Suffolk and Westchester conn- ties.


Third-Albany, Columbia, Greene, Rensselaer, Schoharie, Sullivan and Ulster countles.


DISTRICTS.


Fourth-Clinton, Essex, Franklin, Fulton and Hamil- Ion, Montgomery, St. Lawrence, Saratoga, Schenec- rady. Warren and Washington counties,


Fifth-Herkimer, Jefferson, Lewis, Oneida, Onon- daga and Oswego counties. Sixth-Broome, Chenoning, Chenango, Cortland, Delaware, Madison, Otsego, Schuyler, Tioga and Tompkins conuties.


Serenth-Cavaga, Livingston, Monroe, Ontario, Seneca, Stenben, Wayne and Yates counties.


Eighth- Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming counties.


SUPREME COURT REPORTERS.


[ Appointed pursuant to chapter 99, Laws of 1869.]


Abraham Lansing, Albany, Jnie 16, 1-69


7 volumes. Marcus T. Hon, Albany, January 7, 1873. .. [Sup. Ct., Vols. 45. ] 38volumes.


William Kent ....


I-aue 11. Bronson ..


April 18. 1535


John W. Edmonds


Sixth Circuit. .


Samnel Nelson


April 21.1,23


Charles H. Ruggles


Sereath Circuit.


Bowen Whiting


April 7, 1414


James Vanderpoel. .......


Eighth Circuit.


Fourth Circuit.


Addison Gardiner 29.1.99


John B. Skimmer.


Feb. 9. 1535


Nathan Dayton.


Feb. 23, 1838


April 21, 1823 April 22. 1-28 Sept. 3, 1530


William B. Rochester


294


JUSTICES OF THE SUPREME COURT.


JUSTICES OF THE GENERAL TERM.


PRESIDING JUSTICES.


APPOINTI.D.


ASSOCIATE JUSTICES.


APPOINTED.


First Department.


Second Department.


Jasper W. allbert .....


Dec. 25.1670


* Noah Davis


Dec. 21, 1873


Abraham B. Tappen


Dec. 25,1870


John L. Talcott


Dre.


24, 1-73


Second Department.


Jasper W. Gilbert.


Dee.


30. 1575


*Joseph F. Barnard


Dec. 25, 1870


*Jackson O. Dykman


Doc.


30, 1>75


*Calvin E. Pratt


Jan.


1, 1853


Third Department.


Dec.


25, 1870


Third Department.


Dec.


25, 1.570


John M. Parker


Dec.


25, 1870


Joseph Mullin


Dec. 25, 1570


Donglass Boardman ..


Dec.


24, 1573


John L. Talcott .


Nov.


15. 1x8]


*Judson S. Landon,


June


1, 1564


James C. Smith


Jan.


1, 1×83


*George A. Hardin


June


1,1884


Fourth Department.


Dec.


25. 1870


Fifth Department.


* James C. Smith.


June


1, 1881


Jasper W. Gilbert ...


Dec.


21. 1-73


lolin L. Talcott.


Dec.


30. 1875


ASSOCIATE JUSTICES.


E. Darwin Smith ...


Dec.


30, 1875


James C. Smilth


Jan.


1, 1877


Albert Cardozo ..


Dec.


25, 1870


George G. Barnard.


Dec.


25, 1×70


William If Leonard.


May 20, 1-72


*John R. Brady


Oct.


19. 1572


Noah Davis


Jan.


2,1 73


Charles Daniels


Dec.


21. 1-73


June


1.1884


Charles R. Ingalls


.tan.


1,1878


*George B. Bradley ..


lune


1, 1854


George C. Barrett.


Dec.


23. 1×79


*Albert Haight.


June


1, 1884


+Charles Daniels


Dec.


16, 1880


Justices marked thus * are now Justices of the General Term.


JUSTICES OF THE SUPREME COURT. First District.


JUSTICES.


ELECTED.


JUSTICES.


ELECTED.


Samnel Jones


William H. Leonard


Nov. 8, 1859


Elisha P. Unribnt


Inne


7,1847


Benjamin W. Bonney 10 ..


Jau.


6, 1×60


John W. Ehnondg


.Inne


7. 1547


George G Barnard


Nov.


6,1860


Heury P. Elwards I ...


Inne


7,1×17


Thomas W. Clerke


Nov.


5, 1561


William Mitchell


Nov.


6, 151}


Josiah Sutherland


Nov. 3. 1543


James G. Kings, Jr 2 ..


Jan.


11, 185]


Panlel P Ingraham


Nov.


7. 1865


James J. Roosevelt.


Nov.


4. 1851


Albert Cardozo ..


Nov.


5, 1×67


Robert H. Morris 3


Nov.


2, 1852


Nov.


2,1>69


Thomas W. Clerke.


Nov.


8. 1553


William H. Leonard 11


May


11. 1:72


Henry E. Davles 5 ..


Nov.


6, 1855


Enoch L. Faucher 12.


Sept.


21, 1872


James R. Whiting 6


Nov.


6. 1855


Noah Davis*


Nov.


5, 1852


Edward P. Cowles 7.


Dec.


3, 1855


Abraham R. Lawrence*


Nov.


4,1873


Charles A. Peabody 8


Dec.


4,1-55


Charles Donoline*


Nov.


4,1573


Daniel P. Ingraham ..


Nov.


3. 1.57


George P. Andrews.


Nov.


6. 12 3


Josiah Sutherland 9.


Nov.


3, 1857


Charles H. Van Brunt*


Nov.


6, 18-3


Second District.


Selnh B. Strong.


Inne


7. 1517


William Fullerton 19


Ang.


30. 1867


Willlam T. McCoun


Inne


7.1517


Stephen W. Fnilerton ...


Nov.


5. 1867


Nathan B. Morse ..


Inne


7. 1817


John A. Lott ..


Nov.


5. 1861


Seward Barculo 13


June


7. 1847


Joseph F. Barnard+ 20.


Nov.


3.1563


John W. Brown.


Nov.


6, 1819


tasper W. Gilbert 20


Nov.


7. 1865


Selah B Strong


Nov.


9. 1.51


Abraham B. Tappen


Nov.


5, 1867


William Rockwell 14.


Nov.


8. 1853


Cadvin E. Pratt*


Nov.


2.1:69


Gilbert Dean 15.


June


26. 1851


Jackson O. Dykman *


Nov.


2. 1-7;


James Emott ..


Nov.


6, 1855


Erastus Cooke


March


3. 18 0


Inclen Birdseye 16.


Aux.


13. 1856


Edgar M. Onlien*


Nov.


2, 1820)


John W. Brown ..


Nov.


3. 1857


Charles F. Brown*


Nov.


7, 1552


John A. Lott 17


Nov.


3,1857


Willard Bartlett*


Nov.


6, 1853


William W. Serugham Is,


Nov.


8, 1859


2 Appointed vice Hurlburt, resigned.


3 Elected under an act of April 16. 1552. Dled October 23. 1555.


4 Appointed rice Edwards, deceased. Resigned November, 1855.


5 Contested by Edward P. Cowles. (See 3 Kern. 330. ) Resigned in January, 1660. having been elected to the Court of Appeals the preceding November. 6 Resigned October 22, 1856. 7 Appointed vice Morris, deceased.


& Appointed to resline of Edward's term, rice Cowles, resigned. Also, appointed about November 10, 11. t .: 56, rice Whiting, resigned, and held till January 1, 1:58. After the decision (3 Kern. 350), Peabody endeavored to bring a suit against Davles : but the Attorney-General declined, and a mandanms was appiled for to compel him. (13 How. Pr. 179). The court thought it had not the power : and Peabody. after act- ing as justice a few weeks in February and March, 1850, withdrew. 9 Elected forsix years vice Whiting.


10 Appointed rice Davles, elected Judge of the Court of Appeals. 13 Died June 17, 1854.


11 In place of Carlozo, deceased. 14 Died July 26, 1856.


12 Vier Barnard, removed.


15 Appointed vice Barculo, deceased.


16 Appointed vice Rockwell, deceased.


17 Elected for four years rice Birdseye.


18 Dled August 9 1867.


19 Appointed vice Serngham, deceased.


20 Re-elected.


Jan.


1. 1-53


*Donglass Boardman


Inne


1, 1884


*David L. Follett ...


June


1,1881


Thomas A. Johnson


Jolin L. Talcott.


Dec.


25,1870


First Department.


George Barker .. George A. Hardin ..


Nov.


15, 1-1


Theodore Miller


* William L. Learned .


Jan.


2, 1870


Platt Potter


Fourth Department.


*Augustus Bockes ..


Dec.


24, 1873


Fifth Department.


*George Barker


John R. Brady*


George C. Barrett$ 20.


Nov.


7.1-71


Edward P Cowles 4.


March 10, 1855


7. 1×17


Daniel P. Ingrahan) ...


Dec. 25, 1870


1 Died February 26, 1855.


295


JUSTICES OF THE SUPREME COURT.


Third District.


JUSTICES.


ELECTED.


JUSTICES.


ELECTED.


William R. Wright.


June


7,1817


William B. Wright 4 ..


Nov. 3. 150


Ira Harris.


June


7,1.17


Rufus W. Peckham 1.


Nov.


Valbone Walson.




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