An action may be brought upon an insurance policy delivered within the State by the agent of a foreign company. Burns v. Provincial Ins. Co. 35 Barb. 525, (526); S. C. 13 Abb. | 425. f. United States officers.-An action may be maintained by a collector of customs on an instrument given for the delivery of property seized. Sailly v. Cleveland, 10 Wend. 156, (160). Against a postmaster for detaining a letter. Teall v. Felton, 1 N. Y. (1 Comst.) 537, (547); Aff'g S. C. 3 Barb. 512; Aff'd 2 How. Ù. S. 284. Against the keeper of a bonded warehouse for the recovery of goods. McButt v. Murray, 10 Abb. 196, (197). Against a naval officer for trespass. Wilson v. Mackenzie, 7 Hill, 95; or for a contempt, Matter of Stacy, 10 Johns. 328. Against a collector of the port of New York. Hoyt v. Gelston, 13 Johns. 141. Against the collector of the port of New York to recover tonnage duties paid. Ripley v. Gelston, 9 Johns. 201. g. The United States may consent to be sued in the State courts. Murray's Lessee T. Hoboken Land and Improvement Co. 18 How. U. S. 281, (283); People of the State of Michigan v. Phoenix Bank of the City of New York, 4 Bosw. 363, (382). An action may be maintained in the State courts on a bond given to the United States for duties. U. S. v. Dodge, 14 Johns. 95. h. Another State may sue or be sued in the courts of this State. State of Michigan v. Phoenix Bank of New York, 33 N. Y. (6 Tiff.) .9, (17); aff'g S. C. 4 Bosw. 363, and approving Delafield v. State of Ill. 26 Wend. 192. Courts of this State are open to another State, although that other has adopted an ordinance of secession. U. S. v. Vietor, 16 Abb. 153, (158). i. Foreign executors may be sued in this State if they are residents of, or have assets within the State. Gulick v. Gulick, 33 Barb. 92, (102); S. C. 21 How. 22; Montalvan v. Clover, 32 Barb. 190, (193); Campbell j. Foreign governments.-A foreign government may sue in courts of this State. Republic of Mexico v. Arrangois, 11 How. 576; Aff'g S. C. id. 1; 3 Abb. 470. It is at the option of a foreign power whether they will appear as defendants. Manning v. State of Nicaraugua, 14 How. 517, (518). Where a foreign government sues in our courts, security for costs may be required. Republic of Mexico v. Arrangois, 3 Abb. 470, (473). k. Dower.-State courts have jurisdiction of an equitable action for the admeasurement of dower. Brown v. Brown, 4 Rob. 688, (700); S. C. 31 How. 481. 1. Resignation of trustee.-The supreme court has power to accept the resignation of a trustee who is assignee, and to discharge him from liability to account. Reed v. Allerton, 3 Rob. 551, (562). m. Officer of court may be compelled to return money paid to him in his official capacity-power defined. Getty v. Campbell, 2 Rob. 664, (668). n. Judgment debtor. An equitable action may be maintained to remove a fraudulent obstruction to the collection of the judgment, when interposed by the judgment debtor. Heye v. Bolles, 33 How. 266, (276); S. C. 2 Daly, 266. o. Foreign suits.-State courts may enjoin the commencement of foreign suits. See Dobson v. Pearce, 12 N. Y. (2 Kern.) 156, (164); S. C. 1 Abb. 97; Aff'g 1 Duer, 142; Field v. Holbrook, 3 Abb. 377, (383); S. C. 14 How. 103; Mead v. Merritt, 2 Paige, 402, (404). p. Salvage.-So they may determine questions of salvage in some cases. Baker v | Hoag, 7 N. Y. (3 Seld.) 555, (563); Cashmere v. De Wolf, 2 Sandf. 379, (388); overruling 5 Barb. 209. III. STATE COURTS HAVE NOT JURISDICTION. a. New York State cannot be sued in its own courts, except as provided by statute. Kiersted v. The People, 1 Abb. 385, (392); see also Garr v. Bright, 1 Barb. Ch. 157; and Delafield v. State of Illinois, 2 Hill, 159. b. Patents.-State courts have no jurisdiction of an action to restrain the infringement of a patent. Dudley v. Mayhew, 3 N. Y. (3 Comst.) 9, (19); Gibson v. Woodworth, 8 Paige, 132, (133). Nor of an action for damages for such infringement. Burrall v. Jewett, 2 Paige, 134, (145). They have jurisdiction of no action arising under the patent laws. Tomlinson v. Battel, 4 Abb. 266, (268). c. Foreign consul.-A foreign consul cannot be sued in the State courts. Valarino v. Thompson, 7 N. Y. (3 Seld.) 576, (580); Rock River Bank v. Hoffman, 14 Abb. 72, (74); S. C. 22 How 510; Taaks v. Schmidt, 19 How. 413, (414); Republic of Mexico v. Arrangois, 11 How. 576; Aff'g 11 How. 1. May discontinue as to consul, when he has been joined in the action, without costs, but not as to the other defendants. Id. See also 1 Barb. (449.) Consuls are exempt from service of attachment against a non-resident debtor. Matter of Aycinena, 1 Sandf. 690, (692). d. Lands in another State. - An action will not lie to set aside as fraudulent a conveyance of lands in another State. Bennett v. Erving, 4 Rob. 671; S. C. 32 How. 384. Nor for trespass on lands out of the State. Watts v. Kinney, 6 Hill, 82, (90); Aff'g 23 Wend. 484; Hurd v. Miller, 2 Hilt, 540. Nor will an action lie for damages for injuries to real property out of State. Mott v. Coddington, 1 Abb. N. S. 290, (295); S. C. 1 Rob. 267; see contra, Sub. II note c. supra. e. Foreign suits.-Courts of this State have no jurisdiction to restrain an action pending in a sister State. Williams v. Ayrault, 31 Barb. 364, (366); Mead v. Merritt, 2 Paige, 402, (404); McKim v. Voorhies, 7 Cranch, 279; Diggs v. Wolcott, 4 id. 179. f. Foreign judicial proceedings can not be declared void in this State, when there is no attempt to enforce them. Hill v. Hill, 28 Barb. 23, (25). Otherwise when acted upon. McGiffert v. McGiffert, 31 Barb. 69, (70); S. C. 17 How. 18; see Vischer v. Vischer, 12 Barb. 640, (643.) g. Indians.- An action cannot be maintained in the State courts against an Indian upon a contract made by him. Hastings v. Farmer, 4 N. Y. (4 Comst.) 293, (299). h. Divorce.- Courts have no inherent power to declare a marriage contract void. Their powers are derived from the statutes. Peugnet v. Phelps, 48 Barb. 566, (567). i. Proceedings in another district. A court in one district has no power, in an action pending in another district, to stay proceedings in an action previously commenced in the first mentioned district. Schell v. Erie Railroad Co. 51 Barb. 368, (372); S. C. 35 How. 438; 4 Abb. N. S. 287 j. Pawned goods.-Courts have not a general jurisdiction of an equitable action to recover goods pawned, as an action at law furnishes an adequate remedy. Durant v. Einstein, 5 Rob. 423, (436); S. C. 35 How. 223. k. Vessels.-State courts have not jurisdiction in cases of vessels captured at sea as prizes. Novion v. Hallett, 16 Johns. 327, (334); Rev'g 14 Johns. 273. State courts have not jurisdiction of actions in rem against steamboats, etc. Bird v. Steam- | boat Josephine, 39 N. Y. (12 Tiff.)_19, (27); S. C. 6 Trans. App. 5; Rev'g 50 Barb. 501; Ferran v. Hosford. 54 Barb. 200, (208). 1. Torts in another State.- Courts cannot give the redress provided by statute in this State, for torts committed in another State. Beach v. Bay State Steamboat Co. 30 Barb. 433, (440); S. C. 18 How. 335; 10 Abb. 71; Rev'g 6 Abb. 415; 27 Barb. 248. See Mar tin v. Hill, 12 Barb. 631, (635); see also sub. II note c. supra. m. Foreign law.-State courts cannot enforce a right acquired under a foreign bankrupt law. Mosselman v. Caen, 34 Barb. 66, (67); S. C. 21 How. 248; Olyphant v. Atwood, 4 Bosw. 459, (461). Neither can they enforce the penal laws of another State. Scoville v. Canfield, 14 Johns. 337, (339). n. U. S. laws.-Courts of this State have no jurisdiction of the penal laws of the United States. U. S. v. Lathrop, 17 Johns. 3, (10). o. Foreign parties and property. Our courts have no jurisdiction over foreign powers, and being without jurisdiction over the parties, they cannot assert an authority over the property of such parties. Leavitt v. Dabney, 7 Rob. 350, (356); S. C. 3 Abb. N. S. 469; 37 How. 264. p. Foreign corporations.-Courts of directors, etc., of foreign corporations. Fisk this State cannot remove or appoint trustees, v. Chicago, Rock Island and Pacific R. R. Co. 4 Abb. N. S. 378, (379); S. C. 36 How. 20; 53 Barb. 513. q. Personal property out of State.. State courts have no jurisdiction over sales of personal property in another State. D'Ivernois v. Leavitt, 23 Barb. 63, (81). r. Habeas corpus.-As to jurisdiction of State courts to issue habeas corpus in case of detainer under color of U. S. authority, see cases cited under sub. II, note b. Ante 24. 8. Territorial jurisdiction.-Limits of. See 1 R. S. 76, (79.); Manley v. People, 7 N. Y. (3 Seld.), 295; People v. Hulse, 3 Hill, 309; Mahler v. Norwich & N. Y. Transp. Co. 35 Ñ. Y. (8 Tiff.), 352. IV. COURTS IN NEW YORK CITY. a. The Mayor, etc., of New York. In cases where the mayor, alderman, and commonalty of the city of New York are made a party defendant, the supreme court of the first district, the court of common pleas, and the superior court of the city of New York, have exclusive jurisdiction. Laws 1860, ch. 379; The People ex rel. Murphy v. N. Y. & Harlem R. R. Co. 26 How. 44, (54). When judgment is obtained by the pintiff TITLE II. Of the court of appeals. SECTION 11. Its jurisdiction. May reverse, affirm, or modify judgment, or order appealed from. 14. Number of judges who may give judgment. 15. Sheriffs to provide rooms, etc., for courts. 16. Court may be adjourned to places other than those designated by law. § 11. [11.] (Am'd 1849, 1851, 1852, 1857, 1862, 1865, 1866, 1867, 1869, 1870.) Its jurisdiction. The court of appeals shall have exclusive jurisdiction to review, upon appeal, every actual determination hereafter made at a general term by the supreme court, or by the superior court of the city of New York, or the court of common pleas for the city and county of New York, or the superior court of the city of Buffalo, in the following cases and no other: 1. In a judgment in an action commenced therein or brought there from another court; and upon the appeal from such judgment to review any ntermediate order involving the merits, and necessarily affecting the judg ment. 2. In an order affecting a substantial right, made in such action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken, or discontinues the action, and when such order grants or refuses a new trial, or when such order strikes out an answer, or any part of an answer, or any pleading in an action; but no appeal to the court of appeals from an order granting a new trial on a case made or bill of exceptions, shall be effectual for any purpose, unless the notice of appeal contain an assent on the part of the appellant, that, if the order be affirmed, judgment absolute shall be rendered against the appellant. Upon every appeal from an order granting a new trial, on a case made or exceptions taken, if the court of appeals shall determine that no error was committed in granting the new trial, they shall render judgment absolute upon the right of the appellant; and after the proceedings are remitted to the court from which the appeal was taken, an assessment of damages or other proceedings to render judgment effectual may be then and there had, in cases where such subsequent proceedings are requisite. 3. In a final order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, and upon such appeal to review any intermediate order involving the merits and necessarily affecting the order appealed from. But such appeal shall not be allowed in an action originally commenced in a court of a justice of the peace, or in the marine court of the city of New York, or in an assistant justice's court of that city, or in a justice's court of any of the cities of this State, unless any such general term shall, by order duly entered, allow such appeal before the end of the next term after which such judgment was entered. The foregoing prohibition shall not extend to actions discontinued before a justice of the peace and prosecuted in another court pursuant to sections sixty and sixty-eight of this code. 4. Whenever the decision of any motion heretofore made, or of any motion hereafter to be made, in the supreme court of this State, at a special term thereof, involves the constitutionality of any law of this State, or has been or shall be placed in the opinion or reasons for such decision, of the justice making such decision, upon the unconstitutionality of such law, then an appeal shall lie, and may be made from such decision, or from the order entered, or to be entered upon such decision, to the general term of said court, and an appeal shall also lie and may be made from the decision of such general term, and from any order entered or to be entered thereon to the court of appeals; provided, however, that the time for appealing from such decision, or from such order, shall not be extended hereby. And such appeal at the general term, and at the court of appeals, shall be heard as a non-enumerated motion. In an order affecting a substantial right, not involving any question of discretion arising upon any interlocutory proceeding, or upon any question of practice in the action, including an order to strike out an answer, or any part of an answer, or any pleading in an action, such appeals, whether now pending or hereafter to be brought, may be heard as a motion, and noticed for hearing for any regular motion day of the court." ARTICLE VI. [Article 6 of the Constitution was framed by delegates elected April 23, 1867, to a Constitutional Convention (convened by vote of the people at the general election held November 6, 1866, under chapter 194, Laws of 1867), which convention met in the city of Albany June 4, 1867, and adjourned February 28, 1868. Article 6 was submitted separately to the people, under and by virtue of chapter 318, Laws of 1869, at the general election held November 2, 1869, and declared ratified and adopted by the Board of State Canvassers, by certificate of determination, dated December 6, 1869, the official vote thereon, as declared, standing, "for the amended judiciary article," 247,240 votes, and "against the amended judiciary article," 240,442 votes.] SECTION 1. The assembly shall have the power of impeachment, by a vote of a majority of all the members elected. The court for the trial of impeachments shall be composed of the president of the senate, the senators, or a major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the governor, the lieutenant-governor shall not act as a member of the court. No judicial officer shall exercise his office after articles of impeachment against him shall have been preferred to the senate, until he shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impar- § 2. There shall be a court of appeals, com- § 3. When a vacancy shall occur, otherwise than by expiration of term, in the office of the chief or associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election happening not less than three months after such vacancy occurs; and, until the vacancy shall be so filled, the governor, by and with the advice and consent of the senate, if the senate shall be in session, or if not, the governor alone may appoint to fill such vacancy. If any such appointment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner; but, in such case, the person appointed chief judge shall not be deemed to vacate his office of associate judge any longer than until the expiration of his appointment as chief judge. The powers and jurisdiction of the court shall not be suspended for want of appointment or election, when the number of judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled. § 4. Upon the organization of the court of appeals, under this article, the causes then pending in the present court of appeals shall become vested in the court of appeals hereby established. Such of said causes as are pending on the first day of January, eighteen hundred and sixty-nine, shall be heard and determined by a commission, to be composed of five commissioners of appeals, four of whom shall be necessary to constitute a quorum; but the court of appeals hereby established may order any of said causes to be heard therein. Such commission shall be composed of the judges of the present court of appeals, elected or appointed thereto, and a fifth commissioner, who shall be appointed by the governor, by and with the advice and consent of the senate; or, if the senate be not in session, by the governor; but, in such case, the appointment shall expire at the end of the next session. §5. If any vacancy shall occur in the office of the said commissioners, it shall be filled by appointment by the governor, by and with the advice and consent of the senate; or, if the senate is not in session, by the governor; but, in such case, the appointment shall expire at the end of the next session. The commissioners shall appoint, from their number, a chief commissioner; and may appoint and remove such attendants as may be necessary. The reporter of the court of appeals shall be the reporter of said commission. The decisions of the commission shall be certified to, and entered and enforced, as the judgments of the court of appeals. The commission shall continue until the causes committed to it are determined, but not exceeding three years; and all causes then undetermined shall be heard by the court of appeals. § 6. There shall be the existing supreme court, with general jurisdiction in law and equity, subject to such appellate jurisdiction of the court of appeals as now is or may be prescribed by law; and it shall be composed of the justices now in office, who shall be continued during their respective terms, and of their successors. The existing judicial districts of the State are continued until changed pursuant to this section. Five of the justices shall reside in the district in which is the city of New York, and four in each of the other districts. The legislature may alter the districts, without increasing the number, once after every enumeration, under this constitution, of the inhabitants of the state. § 7. At the first session of the legislature, after the adoption of this article, and from time to time thereafter as may be necessary, but not oftener than once in five years, provision shall be made for organizing, in the supreme court, not more than four general terms thereof, each to be composed of a presiding justice, and not more than three other justices, who shall be designated, according to law, from the whole number of justices. Each presiding justice shall continue to act as such during his term of office. Provision shall be made by law for holding the general terms in each judicial district. Any justice of the supreme court may hold special terms and circuit courts, and may preside in courts of oyer and terminer, in any county. § 8. No judge or justice shall sit, at a general term of any court, or in the court of appeals, in review of a decision made by him, or by any court of which he was, at the time, a sitting member. The testimony in equity cases shall be taken in like manner as in cases at law; and, except as herein otherwise provided, the legislature shall have the same power to alter and regulate the jurisdiction and proceedings in law and equity that they have heretofore exercised. § 9. When a vacancy shall occur, otherwise than by expiration of term, in the office of justice of the supreme court, the same shall be filled, for a full term, at the next general election happening not less than three months after such vacancy occurs; and until any vacancy shall be so filled, the governor by and with the advice and consent of the senate, if the senate shall be in session, or, if not in session, the governor may appoint to fill such vacancy. Any such appointment shall continue until and including the last day of December next after the election at which the vacancy shall be filled. § 10. The judges of the court of appeals, and the justices of the supreme court shall not hold any other office or public trust. All votes for any of them, for any other than a judicial office, given by the legislature or the people, shall be void. § 11. Judges of the court of appeals and justices of the supreme court may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein. All judicial officers, except those mentioned in this section, and except justices of the' peace and judges and justices of inferior courts not of record, may be removed by the senate, on the recommendation of the governor, if two-thirds of all the members elected to the senate concur therein. But no removal shall be made, by virtue of this section, unless the cause thereof be entered on the journals, nor unless the party complained of shall have been |