Jurisdiction. 5. The records of a superior court of another state, when duly authenticated, by a presiding judge, clerk, and a seal, are entitled to be received under the act of congress; and are evidence not only of the acts of the court, but of its jurisdiction. (Ransom agt. Wheeler, 12 Abb., 139.) 6. A plaintiff, resident of the state is to be deemed a resident within the jurisdiction of the court of common pleas of the city of New York, so far as security for costs are concerned. (Robb agt. McDonald, 12 Abb., 213.) 7. A justice of the supreme court has no power on habeas corpus or otherwise to let a defendant to bail, after his arrest on a bench warrant, and before he has been taken to the county where he has been indicted; such county not being the residence of the justice before whom the application is made. (Matter of Gorsline, ante, 85.) 8. Courts are bound to take judicial notice of the various courts established by law, and of the judges presiding over them, but it is otherwise in the case of bodies not continuous in their nature, such as grand juries, &c. (Matter of Hackley, ante, 103.) 9. Where the legislature has enacted that a party shall receive compensation for certain services, and has taxed the inhabitants in a particular locality for that purpose, they have as much authority to specify a maximum amount, beyond which the party shall receive nothing, as they have to specify the exact sum in the first instance, and in neither case have the courts power to supervise or review such action. (People ex rel. McSpedon agt. Haws, ante, 178.) 10. It seems, that a question of jurisdiction of the court cannot be raised for the first time on appeal. (Mosselman agt. Caen, ante, 248.) 11. It is no answer to the jurisdiction of the court, in an action upon a promissory note, that the defendant at the time of the commencement of the action was, and ever since has been, and still is, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to Brazil. (Mechanic's Bank agt. Webb, ante, 450.) See EXECUTORS AND ADMINISTRATORS, 4. Justice's Court. Landlord and Tenant. See HABEAS CORPUS, 1. 2. 3. 4. See BOARD OF SUPERVISORS, 1. 2. 3. See APPEAL, 14. 15. See MUNICIPAL CORPORATIONS. See SPECIAL SESSIONS. JUSTICE'S COURT. 1. It is error for a justice to grant an adjournment on motion of the defendant, without oath or bail, and against the objections of the plaintiff. Such an adjournment is not one made by the justice in the exercise of his discretion not exceeding eight days. (Peck agt. Andrews, 32 Barb., 445.) 2. The effect of an irregular and unauthorised adjournment is that the cause is out of court, and the justice loses jurisdiction. And a party will not waive his objection to an irregular adjournment, by renewing his old subpoena. (Id.) See APPEAL, 1. See LANDLORD And Tenant, 3. LANDLORD AND TENANT. 1. Where tenants in common of land subject to a rent charge, upon a partition, interchange conveyances of the respective parcels, subject, in terms to the claims of the lessor, an apportionment of the rent is effected if the lessor concurs in the arrangement; and a release by the lessor to one of the tenants of his share, does not affect the share of the other tenant. (Van Rensselaer agt. Chadwick, 22 N. Y. R., 32.) 2. The tenants in common of a tract of some four hundred acres, had it subdivided into nine lots, and a map made designating a road extending east and west through the center of the tract. They released to the grantor of the plaintiff one of the lots, by a conveyance which referred to the map and to the contemplated road as a boundary of the lot, held, that a right of way over the road passed as a part of the grant, as an easement appurtenant to the lot. Such a right is not lost or extinguished by mere non-user, but only by a holding strictly Mandamus. adverse for the period of twenty years. (Smyles agt. Hastings, 22 N. Y. R., 217.) 3. In summary proceedings by a landlord against his tenant to recover the possession of land, the justice of the peace has no power to summon talesmen, to form a jury. The proceedings being entirely statutory, must be conducted according to the statute. (Miner agt. Burling, 32 Barb., 540.) 4. An assignment of a lease by the lessor, carries with it the right to subsequent rents by the assignee, without attornment. And payment of a quarter's rent, by a person in occupation of the premises, is sufficient evidence of a yearly tenancy, at such rent, payable quarterly. (Morris agt. Niles, 12 Abb., 103.) 5. The plaintiff may declare for use and occupation, and recover on the special facts shown, without setting forth an implied demise. (Id.) 6. Where the lessee covenants to pay all taxes, &c., of what nature or kind soever, which shall be imposed on the demised premises during the term, he, or his assignee, who takes subject to such covenants, is bound to pay an assessment for benefit to the premises on widening the street, although the part of the premises taken is assessed an equal amount for damages to the owner. (Trinity Church agt. Cook, ante, 89.) 7. Where a mortgagor, in the presence and with the consent of his tenant, relinquished all right and title to the mortgaged premises, placing them in the actual possession and occupation of the mortgagee, held that the tenant's term ended, his assent concluding him from claiming further tenancy; and that the premises were surrendered to the paramount title of the mortgagee. (People ex rel. Braman agt. Culver, ante, 108.) 8. The surrender of title by the operation of law is "an act done by or to the owner of a particular estate, the validity of which he is estopped from disputing, and which could not have been done if the particular estate had continued to exist." (Id.) MANDAMUS. 1. The Code does not affect proceedings by mandamus; they are regulated by the rules of pleading and practice prevailing previous to its adoption. The return to the writ must set forth Married Women. the title or justification of the defendant for not doing the act, which is sought to be enforced; and should state all the material steps taken by the defendant, just as they occurred, and the case which makes out the defendant's justification. (People agt. Supervisors of Ulster, 32 Barb., 473.) 2. A writ of mandamus should not be ordered in a case of doubt, or where the issuing of it would give rise to greater difficulties than would arise from its refusal. (People ex rel. Comr's of Emigration agt. Supervisors of Richmond Co., ante, 335.) 3. Mandamus refused to the commissioners of emigration, to compel supervisors of Richmond county to deliver certain bonds for damages eaused by the destruction of the marine hospital and quarantine buildings on Staten Island, under act of 1860. (Id.) See STREETS, 6. See BOARD OF SUPERVISORS, 5. 6. 7. 8. MARRIED WOMEN. 1. A married woman holding stock in a bank is within the act (ch. 226, Laws 1849) to enforce the liability of stockholders, and is liable, as such, to assessment for its debts. (Matter of Reciprocity Bank, 22 N. Y. R., 9.) 2. Where a married woman possessed of separate personal estate, dies without having made any disposition of it, by testamentary appointment or otherwise, the title thereto vests in her surviving husband, and cannot be affected by the granting of administration upon her estate to any other person. The statutes of 1848-9 do not change the rule at common law in this respect; they affect only such property as she disposes of in her lifetime, by will or otherwise. (Ransom agt. Nichols, 22 N. Y. R., 110.) 3. The acts of 1848-9, to protect the rights of married women, are not liable to objection, as impairing the obligation of a contract, because they defeat the expectation which the father of a living child had previous to those acts, of being tenant in curtesy in lands acquired by his wife during coverture, and subsequent to those acts. (Thurber agt. Townsend, 22 N. Y. R., 517.) 4. A cause of action against a husband entitling the plaintiff to Married Women. a recovery of money from him, cannot be joined with a claim to charge the separate estate of the wife for such claim. (Palen agt. Lent, 5 Bosw., 713.) 5. A promissory note, signed by the wife and delivered by the husband, for the purchase of property used and enjoyed in a business carried on for their joint benefit, does not operate both as a note of the husband making him personally liable, and an appointment by the wife to charge her separate estate. (Id.) 6. Where a complaint seeks to charge the separate estate of a married woman upon her promise, it must show that the consideration of the promise was some benefit to her separate estate, or that there was a distinct intention on her part to charge her separate estate. (Id.) 7. Husbands and wives may be examined as witnesses, like other parties, except that they shall not be required to disclose any communication made by one to the other. (Code, § 399.) (Barton agt. Gledhill, 12 Abb., 246.) 8. Whenever femes covert may sue and be sued as femes sole, they are sued by the same process and in the same form, and the same form of judgment given against them as if they were not covert. (Barton agt. Beer, ante, 309.) 9. Since the act of March 20, 1860, married women may be sued in an action at law, and their liabilities enforced by judgment and execution in all cases when they arise in relation to their separate estate. (Id.) 10. Thus, where a married woman, in 1859, purchased cigars in her business of a grocer, which she was carrying on in her own name, and for which she gave her note, and which note in April, 1860, was renewed, signed by herself and her husband, Held, that though the original contract and note given under it were void, and did not divest the plaintiff of the legal title to the property, yet, by the act of 1860, authorizing the wife to carry on trade and business in her own name, she was capacitated to buy the cigars, and did buy them, by giving her note in 1860, whereby they became her separate property. (Id.) 11. An action brought by husband and wife for an assault and battery, alleged to have been committed on the wife, cannot be sustained. Such an action should be brought by the wife alone. (Mann agt. Marsh, ante, 372.) |