TITLE 3. TITLE III. The superior city courts. ARTICLE 1. Provisions applicable to all the superior city courts. 2. Provisions exclusively applicable to the court of common pleas for the 3. Provisions exclusively applicable to the superior court of Buffalo. ARTICLE FIRST. PROVISIONS APPLICABLE TO ALL THE SUPERIOR CITY COURTS. SECTION 263. General jurisdiction of the superior city courts. 264. Domestic corporations, etc., when deemed residents, etc. 265. Where there are two or more defendants. 266. Jurisdiction to be presumed; want of jurisdiction matter of defence. 268. Id.; in special proceedings out of court. 269. Actions, etc., may be removed into supreme court. 270. Where, and in what cases, order for removal to be granted. 271. Appeal from order of removal. 272. Order to stay proceedings to procure removal. 273. Removal to supreme court, when judges of city court cannot act. 274. Removal from supreme court to city court, by consent. 275. Duty of clerks when removal made. 276. Removal not to affect validity of former proceedings, etc. 277. When county judge may make order. 278. Power to send process to any county. 279. Proceedings commenced before one judge may be continued before another. 280. Appointment of terms, etc. 281. General terms by whom held, etc. 282. Id.; special and trial terms. 283. New records, etc., in place of those mutilated or injured. 284. Clerks and deputy-clerks. 285. Special deputy-clerks. risdiction § 263. The civil jurisdiction of each of the superior city courts extends General ju to the following actions and special proceedings, in addition to the of the su jurisdiction, power and authority conferred upon it, in a particular perior city case, by special statutory provision: 1. To an action of ejectment; for the partition of real property; for dower; to foreclose a mortgage upon real property or upon a chattel real; to compel the determination of a claim to real property; for waste; for a nuisance; or to procure a judgment directing a conveyance of real property; and to every other action to recover, or to procure a judgment, establishing, determining, defining, forfeiting, annulling or otherwise affecting an estate, right, title, lien or other interest in real property or a chattel real. But jurisdiction attaches under this subdivision only where the real property to which the action relates is situated within the city where the court is located. 2. To an action for any other cause, where the cause of action arose within that city; or where the defendant is a resident of that city; or where the summons is personally served upon the defendant therein; or where the action is brought to recover a penalty, or for any other courts. TITLE 3. cause of action given by the charter, a by-law or an ordinance of that city. 3. To an action to recover damages for an injury to real property, or a chattel real; or for the breach of a contract, express or implied, relating to real property or a chattel real; where the real property is situated within that city, or where the defendant is a resident of that city, or where the summons is personally served upon the defendant therein. 4. To an action to recover a chattel; to foreclose or enforce a lien upon personal property; or to recover damages for an injury to personal property; where the property to which the action relates is situated within that city at the time when the action is commenced. If the property consists of one or more shares in the capital stock of a domestic corporation or joint-stock association, whose principal place of business is located or established within that city, or of a debt due from, or money, or a thing in action, in the possession or under the control of, such a corporation or joint-stock association, it is deemed to be situated within that city, within the meaning of this subdivision. 5. To a judgment creditor's action; where the judgment upon which the action is founded was recovered in the same court. 6. To an action for any cause brought by a resident of the city wherein the court is located, against a natural person, who is not a resident of the State. 7. To an action brought by a resident of that city against a foreign corporation, either (one) to recover damages for the breach of a contract, express or implied, or a sum payable by the terms of a contract, express or implied, where the contract was made, executed or delivered within the State, or where the cause of action arose within the State; or (two) where a warrant of attachment, granted in the action, has been actually levied, within that city, upon property of the corporation; or (three) where the summons is served by delivery of a copy thereof, within that city, to an officer of the corporation, as prescribed by law. 8. To the custody of the person and the care of the property, concurrently with the supreme court, of a person residing in that city, or residing without the State and sojourning in that city, who is incompetent to manage his affairs by reason of lunacy, idiocy or habitual drunkenness; and to any special proceeding which the supreme court has jurisdiction to entertain, for the appointment of a committee of the person or of the property of such an incompetent person, or for the sale or other disposition of the real property, situated within that city, of a person, wherever resident, who is so incompetent, or who is an infant; or for the sale or other disposition of the property, or the voluntary dissolution of a domestic corporation, whose principal place of business is located or established within that city; or for the sale or other disposition of the real property, situated within that city, of a domestic corporation, wherever it is located. 9. To any other special proceeding which the supreme court has jurisdiction to entertain, where the person against whom it is brought is a resident of that city, or the mandate by which the special proceeding is commenced is personally served upon him within that city, or all the acts or omissions upon which it is founded were done or committed within that city, or the subject thereof is situated within that city; or where the special proceeding is brought for such a purpose, or under such circumstances that the superior city court would have jurisdiction of an action for the like purpose, or under the like circumstances, by ..the terms of subdivision first of this section. ART. 1. when residents, § 264. For the purpose of determining the jurisdiction of a superior Domestic city court, in a case specified in the last section, a domestic corporation corpora or joint stock association, whose principal place of business is estab- tions, etc., lished, by or pursuant to a statute, or by its articles of association, or is deemed actually located, within the city wherein the court is located, is deemed etc. a resident of that city; and personal service of a summons, made within that city, as prescribed in this act, or personal service of a mandate, whereby a special proceeding is commenced, made within that city, as prescribed in this act for personal service of a summons, is sufficient service thereof upon a domestic corporation, wherever it is located. two or fendants. § 265. Where an action or a special proceeding is brought against where two or more parties, and the jurisdiction of a superior city court there are depends upon the residence of a party, within the city wherein the more decourt is located; or personal service upon him, within that city, of the summons or the mandate for the commencement of the special proceeding; or the levying of a warrant of attachment within that city; and jurisdiction is thus acquired as against one or more, but not as against all of them, the jurisdiction, with respect to the others, is governed by the following rules: 1. Where the action or special proceeding is founded upon a contract, upon which two or more persons are jointly liable, and the court has or acquires jurisdiction thereof, as against one of them, it has jurisdiction thereof as against all the persons so jointly liable. But this subdivision does not extend to a case, where the liability is several, as well as joint. 2. Where an action or a special proceeding brought against a public officer, together with one or more private persons, is founded upon an official act or omission; or where an action or a special proceeding brought against a corporation, together with one or more natural persons, is founded upon an act or omission of the corporation; and the court has or acquires jurisdiction thereof, as against the public officer or the corporation; it has jurisdiction thereof as against all persons, who are necessary parties to the complete determination of the controversy. 3. Where it is not necessary to the complete determination of the controversy, that all the parties thereto should be subjected to the jurisdiction of the court, the action or special proceeding may be discontinued or dismissed, as to the parties over whom the court has not jurisdiction, and proceed as to the others, as if they were the only parties against whom it was brought. risdiction § 266. The jurisdiction of a superior city court, in an action or a Jurisdicspecial proceeding brought therein, must always be presumed. It is tion to be presumed; not necessary to set forth in a complaint in such an action, or in the want of ju petition or other statement of the case in such a special proceeding, any matter of of the jurisdictional facts specified in section two hundred and sixty- defence. three of this act; and where the defendant in the action, or the person against whom the special proceeding is instituted, appears, the want of jurisdiction, by reason of the non-existence of any of those facts, is matter of defence, and is waived by the appearance, unless it is pleaded in defence. to be co § 267. Where a superior city court has jurisdiction of an action or Jurisdicspecial proceeding, it possesses the same jurisdiction, authority, and tion, etc., power, in and over the same, and in the course of the proceedings extensive therein, which the supreme court possesses in a like case; and it may supreme render any judgment, or grant either party any relief, which the court. 49 [4] with that of TITLE 3. Id.; in special proceed. supreme court might render or grant in a like case, and may enforce its mandates in like manner as the supreme court. And each judge of the superior city court possesses the same power and authority, in the action or special proceeding, which a justice of the supreme court possesses, in a like action or special proceeding, brought in the supreme court. § 268. Each judge of a superior city court also possesses the same power and authority, in a special proceeding, which can be lawfully ings out of instituted before him, out of court, which a justice of the supreme court possesses in a like special proceeding, instituted before him in like manner. court. Actions, etc., may be re supreme court. § 269. The supreme court may, by an order, made at any time after joinder of an issue of fact, and before the trial thereof, remove to itself moved into an action or a special proceeding pending in a superior city court, for the purpose of changing the place of trial or hearing thereof. Where an order for a removal is made, as prescribed in this section, the place of trial or hearing must be changed by the same order to another county. A certified copy of the order must be filed in the office of the clerk of the court, in which the action or special proceeding was commenced. Thereupon it is removed into the supreme court; and the subsequent proceedings therein must be the same, as if it had been originally brought in the supreme court. Where and in what cases, removal to $270. An order for the removal of an action or special proceeding, as prescribed in the last section, can be made only upon notice, and order for by a special term of the supreme court, where the motion might be be granted. made, if the action or special proceeding was pending in the supreme court, and brought in the county where the superior city court is located; and in a case, where an order, changing in like manner the place of trial or hearing, would be granted, if the action or special proceeding was pending in the supreme court. from order Appeal § 271. An appeal from an order, made upon such a motion, must be of removal. taken and heard in like manner, as if the action or special proceeding was pending in the supreme court, and triable in the county from which the place of trial is changed. Such an appeal brings up to the general term, and thence to the court of appeals, if the order is appealable to that court, all questions which were before the special term, and the appellate tribunal must dispose of the same, as if they were originally presented to it. Order to stay pro § 272. An order to stay proceedings, for the purpose of affording an ceedings to opportunity to make such an application for removal, may be made by a judge, authorized to make an order to stay proceedings, either in the court where the action or special proceeding is pending, or in the supreme court, and with like effect, and under like circumstances. procure removal. Removal to Judges of cannot act. Removal from su. preme court to 273. If all the judges of a superior city court are, for any reason, incapable of sitting upon the trial of an action, or the hearing of a special proceeding pending therein, or if all, or all but one, of the judges of a superior city court are incapable of sitting upon the hearing of an appeal therein, the judges of the court, or a majority of them, must make and file in the office of the clerk of the court a certificate of the fact. Thereupon the action or special proceeding is removed to the supreme court; and the subsequent proceedings therein must be the same as if it had been originally brought in the supreme court. § 274. The supreme court, where the parties manifest in writing their consent, must make an order directing that an action or special proceeding, pending in that court and triable in a county where a ᎪᎡᎢ. 1. superior city court is located, be removed to the superior city court, or, city court, in the city of New York, to either of those courts therein, as specified by consent. in the consent. A certified copy of the order must be filed in the office of the clerk of the court to which the action or special proceeding is ordered to be removed. Thereupon it is removed accordingly; and all subsequent proceedings therein must be the same as if it had been originally brought in the superior city court. when re. § 275. Where an action or special proceeding is removed from one Duty of court to another, as prescribed in this article, the clerk of the court clerks from which it is removed must forthwith deliver to the clerk of the moval made. court to which it is removed all papers filed therein, and certified copies of all minutes and entries relating thereto, which must be filed, entered, or recorded, as the case requires, in the office of the last mentioned clerk. If the action or special proceeding is removed to the supreme court, and the place of trial or hearing changed, the delivery must be made to the clerk of the county in which the order of removal directs the trial or hearing to be had. not to af mer § 276. The removal of an action or special proceeding, as prescribed Removal in this article, does not invalidate or in any manner impair, a process, fect valili provisional remedy, or other proceeding, or a bond, undertaking, or ty of for recognizance, in the action or special proceeding so removed; each of ceedings, which continues to have the same validity and effect as if the removal etc. had not been made. Where bail has been given, the surrender of the defendant in the court to which the action or special proceeding was removed, has the same effect as a surrender in the court from which it was removed would have had if the action or special proceeding had remained therein. County § 277. In an action or special proceeding brought in a superior city When court, an order may be made without notice, or an order to stay pro- fudge may ceedings may be made upon notice by the county judge of the county make where the court is situated, or of the county where the attorney for the applicant resides, in a case where a judge of the superior city court might make the same out of court, and with like effect. order. send $278. A superior city court has power, in an action or special pro- Power to ceeding of which it has jurisdiction, to send its process and other man- prodates into any county of the State, for service or execution, and to enforce county. obedience thereto, with like power and authority as the supreme court. § 279. A special proceeding, instituted before a judge of the supe- Proceedrior court of Buffalo, or the city court of Brooklyn, or a proceeding ing com commenced before a judge of either of those courts, out of court, in an fore one action or special proceeding pending in his court, may be continued, judge may from time to time, before one or more other judges of the same court, ued before as prescribed by law, with respect to like proceedings, before a judge of a court of record in the city of New York. menced be another. terms, etc. § 280. The judges of each superior city court, or a majority of them, Appointmust, from time to time, appoint the times for holding the general, ment of special and trial terms of their court. They must also assign the judges to hold each of the terms, and designate the trial terms at which issues of fact are triable by a jury. A general, a special, and one or more trial terms, may be appointed to be held, and may be held, at the same time. The judges, or a majority of them, must also appoint reasonable times, when a judge must attend at chambers, and designate the judge to attend for that purpose. Each appointment, made as prescribed in this section, must be signed by the judges making the same, and filed in the clerk's office. A copy thereof must |