Higher Appeal Court Kassel

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The Higher Appeal Court Kassel or Higher Appeal Court Cassel was the Higher Appeal Court of the Landgraviate of Hesse-Kassel or the Electorate of Hesse with its seat in Kassel .

history

The Higher Appeal Court in the HRR

With the Higher Appeal Court Ordinance (OAGO) of February 15, 1746, the Higher Appeal Court Kassel was created as the Higher Appeal Court. It was initially a second instance against the decisions of the governments in Kassel, Marburg and Rinteln. It was not responsible in criminal matters, here the sovereign himself was the appellate authority. In 1807 the Electorate of Hesse went under in the Napoleonic Wars and was absorbed into the newly created Kingdom of Westphalia . The judicial system in the Kingdom of Westphalia broke with the old structures. The Higher Appeal Court was also abolished. The Kassel Court of Appeal (in addition to the Court of Cassation (State Council)) now served as the highest court .

The Higher Appeal Court in the German Confederation

In 1813 the Electorate of Hesse was restored. This involved the elimination of the institutions of the Kingdom of Westphalia and the restoration of the old institutions and laws. This created the new Higher Appeal Court in Kassel.

With an edict of June 29, 1821, administration and justice were separated in Kurhessen . Now judicial offices were responsible for the first instance jurisdiction, the administration was taken over by the districts . As a second instance, higher courts were set up in Kassel, Marburg, Fulda, Hanau and Rinteln, which were also referred to as regional courts. From February 1, 1849 to October 31, 1851, there was also the Rotenburg Higher Court, responsible for the second instance jurisdiction in the administrative districts of Hersfeld and Schmalkalden .

province Supreme Court Seat
Province of Lower Hesse Supreme Court for the Province of Lower Hesse kassel
Schaumburg County Supreme Court for the County of Schaumburg Rinteln
Province of Upper Hesse Supreme Court for the Province of Upper Hesse Marburg
Province of Fulda Supreme Court for the Province of Fulda Fulda
Hanau Province Supreme Court for the Province of Hanau Hanau

At the head of the Hessian court of justice was the Higher Appeal Court for the entire Hessian state with its seat in Kassel, in short the Higher Appeal Court Kassel. With the Hessian constitution of January 5, 1831 (§ 100), the court was also given the function of a constitutional court . For the landlords and princes of the electoral house, the Higher Appeal Court served as a privileged place of jurisdiction in criminal matters and thus as a court of first instance. It was also Austrägalgericht . In addition to judicial work, the judges' college or individual judges also acted as experts for the legal assessment of bills.

From 1821 the civil senate of the OAG consisted of 6 to 8 councils, the criminal senate of 3 to 4 councils. The law of July 1, 1831 on the composition of the courts stipulated that the civil senate of the OAG should be composed of 8 to 10 councilors and the criminal senate of 4 to 5 councilors. As a result of the March Revolution , the judiciary was reorganized with the law of October 31, 1848 on the establishment of courts and state authorities. However, these measures were largely withdrawn after the victory of the reaction by the provisional law of July 22, 1851. On November 1, 1851, the number of higher courts was reduced to two (Kassel High Court and Fulda High Court). The law of October 28, 1863 summarized the individual provisions relating to the administration of justice and increased the number of higher courts back to five.

After the annexation of Kurhessen by Prussia in 1866, the court structure was incorporated into the Prussian one. There was now no more room for the Higher Appeal Court. The Higher Appeal Court of Berlin was formed in 1867 for the new Prussian provinces of Schleswig-Holstein , Hanover , Hesse-Nassau and the Duchy of Lauenburg and also for the principalities of Waldeck and Pyrmont . In 1874 this court was united with the Prussian Higher Tribunal .

In Kassel, a court of second instance has now been created with the Kassel Court of Appeal .

Courthouse

Since 1746 the court has had its seat in the left wing of the Renthof building .

Judge

See also category: Judges (Higher Appeal Court Kassel)

President of the OAG Kassel

Vice President

  • Justus H. von Motz

First class judge

Second class judge

General Procurator: Conrad Christian Gossler

Appeals Tribunals

literature

  • Peter Kumme: Legal history of Kassel in the 19th and 20th centuries; in: Georg Wannagat: Kassel as the city of lawyers and the courts in their thousand-year history, 1990, ISBN 978-3452218018 , pp. 63–141.
  • Eckhart G. Franz , Hanns Hubert Hofmann, Meinhard Schaab: Court organization in Baden-Württemberg, Bavaria and Hesse in the 19th and 20th centuries (= official spatial organization since 1800. Basic study 14 = publications by the Academy for spatial research and regional planning. Contributions 100). ARL, Hannover 1989, ISBN 3-88838-224-6 , p. 194 ff.

Individual evidence

  1. ↑ The contemporary spelling of Kassel was "Cassel" until the spelling reform in 1901. Correspondingly, the names of the courts were written with a "C". In the interests of better legibility, the spelling with "K" has been chosen throughout the text
  2. ↑ Thomas Klein: Volume 11: Hessen-Nassau, the series: Walther Hubatsch: Outline of German Administrative History 1815-1945, 1979, ISBN 3-87969-126-6 , pp. 30-33
  3. ↑ Georg Reinemund: Justice in Rotenburg from the middle of the 19th century to 1967 online , in: Rund um den Alheimer , Volume 2, Chapter 4, Geschichtsverein Altkreis Rotenburg, Rotenburg an der Fulda, 1980, pp. 42-51 ( PDF; 2.1 MB)
  4. ↑ Immanuel Buddeus (Hrsg.): German lawyer book: A handbook for foreign litigation in all German countries, together with lists of all trustees in Germany, Volume 1, 1845, p. 146, [1] online
  5. ↑ GS 1831, p. 112 a
  6. ↑ GS 1848, p. 163
  7. ↑ GS 1851, p. 59
  8. ↑ GS 1863, p. 47 ff.
  9. ^ Ordinance of June 27, 1867, Preuss. GS 1867, p. 1103
  10. ↑ Biography in: Georg Wannagat: Kassel as the city of lawyers and the courts in their thousand-year history , 1990, ISBN 978-3452218018 , pp. 379-380, partially digitized
  11. ↑ Biography in: Georg Wannagat: Kassel as City of Jurists ..., p. 415
  12. ↑ Biography in: Georg Wannagat: Kassel as City of Jurists ..., p. 458
  13. ↑ Biography can be found at: Rolf Straubel: Biographisches Handbuch ..., p. 125
  14. ↑ Biography in: Georg Wannagat: Kassel as City of Jurists ..., p. 400
  15. ↑ Biography in: Georg Wannagat: Kassel as City of Jurists ..., p. 401
  16. ↑ Biography can be found at: Rolf Straubel: Biographisches Handbuch ..., pp. 485–486
  17. ↑ Biography can be found at: Rolf Straubel: Biographisches Handbuch ..., pp. 336–337
  18. ^ German biography: Elvers, Christian Friedrich - German biography. Retrieved June 29, 2017 .