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14. It is a general rule that debts due in this state to deceased residents of other states can only be sued for by executors and administrators appointed here.

15. Where a legacy has been given of specific property, the legatee himself may sue here for its possession, if he has first obtained the assent of the executor, whether he be a foreign or domestic executor.

16. A court of equity has jurisdiction over foreign executors, where they are sued, not for any liability of their testator or his estate, but on their own liability for the wrongful misapplication of trust funds, &c.

17. A foreign executor is liable to be sued here; and from the nature of the case he must, prima facie, be responsible for the assets, which are shown to have been in his possession within this state, no matter where they may have been received.

18. Trespass may be brought and maintained against a naval officer for an act done upon the high seas, and under color of naval discipline.

19. Trover, may be maintained in the state courts against a postmaster for improperly taining a newspaper, although claimed to be done under the laws of the United

fates.

20. Replevin, may be maintained in the state courts, against the keeper of a United States bonded warehouse, where the federal government make no claim to the goods. 21. The supreme court, where it has jurisdiction of the parties, can compel a judgment debtor to convey, assign or transfer lands in another state, to a receiver for the benefit of his creditors. And it has power to decree a specific performance of a contract of lands in another state. Also, to compel a conveyance of land out of the state, or to do quity generally in reference to such lands, where the proceedings are not in rem but in sonam. It may, although the subject matter of the suit is situated out of the state, compel a party within its jurisdiction by injunction and attachment, to desist from commencing a suit at law either in this state or in any foreign jurisdiction. But cannot enjoin and restrain a defendant from prosecuting an action commenced and pending in another state. May compel a party to execute a conveyance or release in such form as may be necessary to transfer the legal title according to the laws of the state where the property is situated, so as to be a bar to an action there. May compel a debtor, who has been discharged from imprisonment for debt, to discover his property, situated without the jurisdiction of the court, in order that it may be applied in satisfaction of his debts. Has jurisdiction of a creditor's action against a resident trustee of a non-resident debtor, where the trust fund is real estate situated here. May declare fraudulent and void an assignment for the benefit of creditors, embracing real and personal property in other states. Has jurisdiction of an action for a fraudulent conspiracy formed in another state to divest a party of his title to lands in that state, where the relief sought is damages for the wrong. But has no jurisdiction of an action for an injury to real property situated in another state, including an action for diverting a water course,

22. The state courts have the power, and it is their duty to give a detained party enlisted under the laws of the United States, the benefit of a habeas corpus. Therefore, where the enlistment of a minor is void under the act of congress, he may be discharged by state authority. So the state courts may issue the writ to inquire whether a prisoner claimed to be held as a deserter, and a substitute, ever lawfully became a soldier, and whether is lawfully in the custody of an officer of the federal government. So the supreme court has jurisdiction of an action on an instrument taken by a collector of the customs of the United States, for the delivery on demand of certain property seized or forfeited to the United States.

23. Our courts do not take notice of the revenue laws of foreign countries. A note made in France, payable here, is valid without a stamp, under the laws of France.

21. The state courts have jurisdiction of all actions against foreign corporations, where they arise here, and in such case the voluntary appearance of the party gives jurisdiction of the person. An action lies upon a policy of insurance issued and delivered here by the resident agent of a foreign company.

25. The judiciary act of congress of 1789 gives exclusive jurisdiction to the district courts of the United States of all suits against foreign consuls. But such consuls may bring suits against other persons in the state courts. The fact that the consul is impleaded with a citizen upon a joint contract will not give jurisdiction to the state

courts.

26. The courts of this state have no authority to render judgment upon contract against an Indian resident of this state, whether he appears or not.

27. The courts of this state have jurisdiction of actions for personal injuries done beyond the territorial limits of the state.

28. A state court has no jurisdiction of criminal offenses against the United States, nor of the penal laws of the United States; nor has it any power to enforce the criminal laws of another state. Penal acts of one state can have no operation in another state. Such laws are strictly local, and affect nothing more than they can reach. Neither will our courts enforce a foreign bankrupt or revenue law.

29. The courts of this state have jurisdiction to determine questions of saleage, in cases which in other respects are within the scope of their established jurisdiction. The jurisdiction of the admiralty courts of the United States over questions of salvage is concur rent, and not exclusive.

30. It was not the intention of the act of 1860 to locate all actions in the city of New York, in which, whatever might be the cause of action, or wherever situated, or how ever numerous the parties might be, the corporation of the city was made one of the defendants. The act was probably intended to limit the jurisdiction to the supreme court of the first district, the superior and common pleas courts of that city, in cases where the action was to recover a claim against the corporation, or else where the corporation was sole defendant.

31. Our courts have no jurisdiction of an action of personal tort brought by a citizen of one foreign state against the citizen of another foreign state, for injuries done in one or both of those states.

SECTION 11.

12.

13.

TITLE II.

Of the Court of Appeals.

Its jurisdiction.

May reverse, affirm or modify judgment or order appealed from.
Terms of the court. Preference of causes.

14. Number of judges who may give judgment.

15. Sheriffs to provide rooms, &c., for court.

16. Court may be adjourned to other places than those designated by law.

11. 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 intermediate order involving the merits, and necessarily affecting the judgment.

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, and when such order grants or refuses a new trial; but no appeal to the court of appeals, from an order granting a new trial, 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, 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 proceeding to render the judgment effectual, may be 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 a marine court of the city of New York, or in an assistant justice's court of that city, or in a justice's court in 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.

1. Question. In what years has this section been amended since its passage in 1848? Answer. In 1849, 1851, 1852, 1857, 1862, 1865 and 1866, which last reads as above. 2. Q. How did this section read in 1848, 1849, 1851, 1852, 1857, 1862 and 1865? A. As follows:

11. [1848.] 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, by the superior court of the city of New York, or by the court of common pleas for the city and county of New York, 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 judg.ment, to review any intermediate order involving the merits, and necessarily affecting the judgment.

2. In a final order, affecting a substantial right, made in a special proceeding, or upon a summary application in an action, after judgment:

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 the municipal court of the city of Brooklyn, or in a justice's court of the cities of Albany, Troy and Hudson, respectively.

11. [1849.] 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 court of common pleas for the city and county of New York, 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 intermediate order involving the merits, and necessarily affecting the judgment.

2. In a final order, affecting a substantial right, made in a special proceeding, or upon a summary application in an action after judgment:

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 the municipal court of the city of

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