
    SUPREME COURT.
    In the matter of opening Seventh Avenue.
    It must be considered as settled, on. principle and. authority, that there is hut ont supreme court, whether in general or special term, and that either branch is the supreme court within the meaning of the statute, and may exercise all the powers of that court.
    Consequently, the general term, although it is an appellate court, has jurisdiction, equally with the special term, in confirming the report of commissioners on opening streets and.avenues.
    New York Special Term, June, 1865.
    
      Before Ingraham, J.
    An objection is taken to the jurisdiction of the general term in confirming this report, on the ground that the general term is only an appellate court. The cases of' Tracy agt. Talmadge (1 Abb. 460), and Anonymous (10 How. 353), hold that there is but one supreme court, whether in general or special term, and that either branch is the supreme court within the meaning of the statute, and may exercise all the powers of that court; and the case of Grade agt. Freeland (1 Corns. 228), holds that the general term may hear an equity case, either by rehearing or in the first instance. The -judge says : “ The general term should decide the cause either by ordering a rehearing, or by hearing- the matter at large in the first instance.” This-' could not be done if the general term was only an appellate court.
   There can he no doubt but that the general term is the supreme court for all purposes, except where the statute otherwise directs. .  