The right of the graduates of the Law School of Columbia College to admission to the bar; case, points, argument, opinion of the Court of Appeals, protest of the Supreme Court, and additional argument

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1861 Excerpt: ... The appellant, in review of these objections, presents to this Court the following points: I. He submits that this order can be appealed from the Supreme Court to this Court. II. That it ought to be reversed. First. This motion is a proper remedy. 1. There can be no doubt that this would be so at common law. The general legal maxim, " ubijus, ibi remedium," covers the case. There is no distinct remedy by action, which would clothe the appellant with the right to practice. A mandamus will not lie to the Supreme Court. Besides, as an admission to the bar by the Court is a judicial act, (see Commonwealth on the relation of Brackinridge agt. Com. Pleas, 1 Sergeant & Kawle, 187; ex parte Secombe, 19 How. U. S., 15,) a mandamus can not, on recognized principles, be granted. There is no way in which the appellant can be admitted to practice, except by an order of the Court. An application for an order is a motion. This is the recognized rule in England. Attorneys are admitted upon motion, by the Court. Ex parte Stokes, 1 Chitty Kep., 556; ex parte Eowle, 2 Chitty, 61; so also Section 75 of Chap. 280, of the Session Laws of 1847, known as the Judiciary Act, provides that the Court shall direct an order to be entered, stating the qualifications, &c., of the candidate. 2. However this may be at common law, this motion is a remedy under the Code. Kemedies are nowhere clearly defined fh the Code. The most satisfactory definition given in any decision, will be found in Belknap agt. Waters, 1 Kernan, 477, where the Court say, that every original application to a court of justice for a judgment or an order is a remedy. Second. This is a special proceeding. 1. It can not be an action. An action must be commenced by summons, and in no other way. (Hyatt agt. Seely, 1 Kernan,...