
    William A. Lambert, Appellant, v. Kate F. Salomon, Respondent.
    (Supreme Court, Appellate Term,
    July, 1899.)
    Municipal Court of New York — Loss of jurisdiction by failure to decide in time — Reversal.
    Jurisdiction is lost by the Municipal Court of the city of New York ■ unless the justice renders judgment in eight days from the time when the action was submitted to him for decision; and the judgment rendered will be reversed, on appeal, for the want of jurisdiction.
    Appeal by the plaintiff from a judgment rendered in favor of the defendant in the Municipal Court, second district, borough of Manhattan.
    Campbell & Moore, for appellant.
    Hirsh & Rasquin, for respondent.
   MacLean, J.

It is contended by the plaintiff-appellant herein that the justice lost jurisdiction because he did not render judgment within eight days from the time the case was submitted to him (Consol. Act, Laws of 1882, chap. 410, § 1384), and the contention is shown to be good by the return, from which it appears that the action was brought to trial on October eleventh, that the parties at the close of the trial extended the time of the submission to November 5, 1898, as they had a right to do (Keating v. Serrell, 5 Daly, 278), and that judgment instead of being rendered on the thirteenth was not rendered until November 17, 1898, and was, therefore invalid because jurisdiction had terminated. Dalton v. Loughlin, 4 Abb. N. C. 187. The judgment should, therefore, be reversed, for “ Where an inferior court has acted without having jurisdiction and has rendered judgment, the appellate court which has power to review its decisions, may so far act upon the judgment as to reverse it for that want of jurisdiction.” McMahon v. Rauhr, 47 N. Y. 67.

Freedman, P. L, and Leventritt, J., concur.

Judgment reversed, with costs to appellant.  