Summary
building collapse caused by architect's preparation of defective plans, neglect and violation of building code
Summary of this case from U.S. v. LaBrecqueOpinion
Argued October 21, 1941 —
Decided January 9, 1942.
1. An appeal to this court cannot be based upon an order of the Supreme Court dismissing a writ of certiorari bringing up to it an indictment.
2. The appeal is dismissed.
On appeal from the Supreme Court, whose opinion is reported in 126 N.J.L. 444.
For the appellant, Elwood C. Weeks.
For the respondent, Harry R. Coulomb, Prosecutor of the Pleas, and William B. Hunter, Assistant Prosecutor of the Pleas.
An Atlantic County grand jury having returned to the Oyer of that county an indictment against the appellant, he, asserting its invalidity, and for the purpose of quashing it obtained from the Supreme Court its writ of certiorari removing such accusation to that court.
The Supreme Court after hearing the cause dismissed the writ.
The present appeal must be dismissed for two reasons:
First, because the record before us does not show any judgment of the Supreme Court but simply the opinion of that court, which concludes "The writ will be dismissed, with costs." Second, any such judgment of the Supreme Court, under long established practice, could not be a final judgment from which an appeal would lie.
Such court's judgment could only be a dismissal of its writ and a remand of the indictment to the Oyer from whence it was brought up, or a dismissal of its writ with a holding of the indictment in that court for trial at Circuit by its designation. The final judgment from which this court would hear an appeal would be that entered upon the verdict after a trial under the indictment. This is the practice as laid down by this court. Cf. Parks v. State, 62 N.J.L. 664; State v. Greenwald, 66 Id. 686; State v. Meeker, 72 Id. 210; State v. Kelsey, 82 Id. 542; State v. Riggs, 92 Id. 575; Hartranft v. Mullowny, 247 U.S. 296, 305.
The appeal is for these reasons dismissed, with costs.
For dismissal — THE CHANCELLOR, CHIEF JUSTICE, PARKER, CASE, DONGES, HEHER, COLIE, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, THOMPSON, JJ. 13.