Majority
p. 156WINSTON JONES, as Assignee of the Bank of Mobile, Respondent, v. THE MERCHANTS’ NATIONAL BANK OF THE CITY OF NEW YORK, Appellant, Impleaded with the BANK OF MOBILE.
Headnote
Supreme Court — power oj at Special Term to correct the minutes of the Circuit Court.The Supreme Court at Special Term has no Jurisdiction to correct or otherwise interfere with the minutes of the Circuit Court
Appeal from an order made at a Special Term, correcting the minutes of the Circuit Court.
This is an appeal from an order made at Special Term, which denied the defendant’s motion to set aside the verdict and judgment as void or irregular, vacated the said judgment and substituted a different judgment for it; canceled the clerk’s minutes of trial, and substituted other minutes for them; and in other respects altered the judgment-roll.
p. 157
George Zabriskie, for the appellant.
Burton N. Harrison, for the respondent.
"We do not think tbe Supreme Court at Special Term bas any jurisdiction to correct or otherwise interfere with tbe minutes of tbe Circuit Court. Tbe tribunals are so far distinct, that tbe Special Term bas no supervisory power over tbe minutes of tbe Circuit Court.
On tliis ground, without considering any of tbe otüer points raised on tbe argument, we tbink the order appealed from should be reversed, with ten dollars costs and disbursements.
Present — Van Brunt, P. J., Daniels and Bartlett, JJ.
Order reversed, with ten dollars costs and disbursements.