12 Wend. 220 | N.Y. Sup. Ct. | 1834
The Court,
presiding, refused to grant the motion ; and in delivering his opinion, the judge observed, that if a return were made to the alternative mandamus, it would be of no avail to the party asking it, for the purpose of presenting the questions relied upon by him as error on the part of the plaintiff in the court below. In reference to the power of the marine court to set aside judgments, he observed: “We have looked into the statute instituting this court, and investing it with judicial powers, and we are satisfied no authority can there be found authorizing the marine court to set aside judgments and grant new trials. The clause most favorable to the construction that such power exists in the marine court is this : “ and for the purpose of hearing, trying and determining all such actions, as are hereby made cognizable before the same court, such court is hereby vested with all such power and authority as is vested in other courts of