13 Am. Eng. Ency. of Law, —. Judge Folger, discussing the question in Pepin v. Lachenmeyer, 45 N.Y. 27, says: "The record was received in evidence, and it shows the existence of a court, with a judge, clerk and seal, and it is prima facie evidence of the acts of the court as set forth in it, and that it had jurisdiction of the persons and of the subject matter. * * * This established the judgment in favor of the plaintiff against the defendants, and made out his cause of action against them in the court below, unless they could succeed in impeaching it.
But that concession proves nothing in this case, as it is universally conceded that the mere occupancy of the territory does not necessarily displace the local tribunals of justice. Pepin v. Lachenmeyer, 45 N.Y. 27-33. They were not displaced in this case, but suffered to continue in the exercise of their judicial powers, with the recognition and approbation of the military commander.
The disposition of the subject by the judge was one that could not possibly work legal injury to the insurance company. There was, therefore, no error. Starbird v. Barrons, 43 N.Y. 200; Pepin v. Lachenmeyer, 45 id. 27; The People v. Brandreth, 36 id. 191; Porter v. Ruckman, 38 id. 210; Corning v. Troy Iron and Nail Factory, 44 id. 577. The effect of facts set forth in preliminary proof as admissions is discussed in Insurance Company v. Newton, 22 Wall. 32. Where an agent of the insurance company stated that the proofs were sufficient to show the death of the insured, but that they showed that he committed suicide, it was held that the whole admission must be taken together. Where the party or her agent stated in the preliminary proofs that the deceased had committed suicide, furnishing the verdict of a coroner's jury to that effect, and where the narration of the manner of the death of the deceased was so interwoven with the death of the deceased that the two things were inseparable, it was held that the whole was competent to go before the jury.