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and 121 New York State Reporter
| Wrongful death caused by operation of rail-
road, see "Railroads," $ 2.
railroad, see “Street Railroads," § 1.
Particular forms of action.
pass," § 1; "Írover and Courersion."
Particular forms of special relief.
.'n. Interpreader i
n parties in particuiar relations. “Partition,” § 1; "Specific Performance."
Servant,” 88 1, 2, 8; “Vendor and Purchas Alimony, see "Divorce," $ 3.
Enforcement or foreclosure of lien, see "Ne
chanics' Liens," $ 2.
Establishment and enforcement of trust, see
“Trusts," $ 5.
Establishment of will, see “Wills," $ 3.
Foreclosure of mortgage, see "Mortgages," 4
see "Insurance," 8 10.
| Setting aside will, see "Wills," $ 3.
Particular proceedings in actions.
"Dismissal and Nonsuit"; "Evidence"; "Es
ecution"; "Judgment"; "Jury"; "Limitation
of Actions"; "Motions” ; “Parties”; “Plead-
ing"; "Reference"; "Trial”; “Venue.”
Particular remedies in or incident to actions.
See “Arrest,” 81; "Attachment” ; “Bail," $ 1;
"Discovery"; "Injunction"; "Receivers."
Notice of pendency of action, see “Lis Pen-
Notes," $ 4; "Death," & 2; "Fraud," $ 2;
Courts of limited jurisdiction in general, see
"Courts," $ 3.
Criminal prosecutions, see "Criminal Law."
Suits in equity, see "Equity.
Review of proceedings.
ing," § 1.
and injunction to restrain a nuisance and a
subsequent action for damages a lone, and trans
fer of the actions to the Trial Term, held to
have waived the equitable relief asked for, and
to render the consolidated action one for dam
ages.-Pritchard v. Edison Electric Illuminating
Co. (Sup.) 225.
ter and Servant,” $ 8; “Railroads," $ 2. resentations by officers in sale of stock, and
common-law action for same damage, held to be
See 'Trespass," $ 1.
ADEQUATE REMEDY AT LAW.
AIDERS AND ABETTORS.
§ 1. Disabilities.
A negro born in Africa held not entitled to
recover a penalty, under Civil Rights Law,
absence of proof of his citizenship.-Fuller v.
McDermott (Sup.) 536.
See “Divorce," $ 3.
Of particular legal proceedings.
See “Pleading,” g 4; “Trial," § 7.
Pleading in action on contract, see “Contracts,"
AMOUNT IN CONTROVERSY.
Jurisdictional amount, see "Courts,” 4.
Charging one with being an anarchist as slan-
Petition of person who had seized animals
pasturing on lot occupied by him, under Code
Civ. Proc. $8 3084, 3085, held insufficient.-
Burns v. Morrow (Co. Ct.) 719.
In pleading, see “Pleading," $ 2.
Covenants as to erection, see “Covenants,” 2.
Appellate jurisdiction of particular courts, see
"Courts," § 4.
Costs, see “Costs," $ 4.
Review of criminal prosecutions, see "Criminal
| Law," $ 6.
and 121 New York State Reporter
Press Brick Co. v. Cunn (Sup.) 168.
The court on appeal is not justified in inter-
fering with the findings of the trial court, based
on satisfactory evidence,-Smith v. Kissel
On appeal from an order sustaining excep-
tions to a referee's report, a question as to
whether there was a clerical error in the report
could not be considered, since any such mis-
take should have been corrected in the lower
failure was not pleaded.-Schieck v. Dopohue
Parties consenting to the trial of an action
question that the action was triable at law only.
-Jennie Clarkson Home for Children v. Chess-
peake & 0. Ry, Co. (Sup.) 348.
The testimony being conflicting, the verdict
lower court of grounds of review. Interurban St. Ry. Co. (Sup.) 455.
plaintiff held prejudicial.-Brown v. Interurban
St. Ry. Co. (Sup.) 461.
In an action against sureties on a bail bord.
an erroneous ground held harmless.-Garofalo
v. Prividi (Sup.) 467.
was granted was sufficient could not be review-
ed on appeal from the judgmeut.-Anker .
Smith (Sup.) 479. .
A judgment of dismissal at the close of plain-
| tiff's case requires the court on appeal to find
the most favorable inferences in favor of the
plaintiff.-Edwards v. Firemen's Ins. Co. (Sup..
The admission of evidence that defendant is
| indemnified against a recovery in the aetion is
reversible error.-Blumberg v. Marks (Sup.
On appeal the appellate court may examine
into the opinion of the trial judge, to ascertain
the grounds on which he set aside the rerdict
The erroneous admission of evidence is no
ground for reversal, where the only point ou
and retaxation of costs is within discretion of
ARBITRATION AND AWARD.
terests of justice.-In re Locust Ave. (Sup.), Where, after decision by Appellate Division,
on similar instrument, the Appellate Division, on
| reargument, must overrule its former decision.
-Walsh y. Hanan (Sup.) 930.
Liability of employer for defects, see "Master
On appeal from a judgment entered on a re- of payment, see "Payment,” 8 2.
Executor or administrator, see "Executors and
Administrators," $ 2.
Of loss under insurance policy, see “Insur-
ance," $ 10.
The judgment of the court of claims held not | See “Reference.”
Certificate as to completion of contract, see
See “Trial," $ 4.
See "Bail”; “Rescue."
Judgment reversed for defects in record.- Affidavit held insufficient to authorize an ar-
as to financial condition.-Price v. Levy (Sup.)
ARREST OF JUDGMENT.
ASSAULT AND BATTERY.
vandlord and Ten-
ant,” $ 4.
I of excessive force.-Mattice v. Scutt (Sup.) 1009.
and 121 New York State Reporter
use, see "Eminent Domain," $ 2.
Effect of receivership on attachment lien, see
Order vacating, whether appealable, see "AD-
§ 1. Property subject to attachment.
The fund of a life insurance company de-
posited in a bank held the property of the comi-
pany, subject to attachment.-National Park
Bank v. Clark (Sup.) 185.
§ 2. Proceedings to procure.
formation and belief, in an attachment affidarit
under Code Civ. Proc. § 636, that defendant had
not designated a person on whom service might
for more than six months.—Ennis v. Catermyer
An attachment in an action against a foreign
corporation should not be vacated on motion
of a domestic corporation of the same name,
but not a party to the action, on the ground
that property of the latter corporation had
been attached.-Bacon v. Abbey Press (Sup.
An objection to attachment warrants, Dot
specified in defendant's motion to vacate on the
papers, held unavailable.- Ennis v. Unternya
§ 4. Liabilities on bonds or undertak-
The vacation of an attachment having beeo
improper, held, there was no liability on the
ATTORNEY AND CLIENT.
| Allowance for counsel fees on discontinuance
of injunction, see “Injuuction," s 1.
Argument and conduct of counsel at trial is
civil actions, see “Trial,” $ 4.
Attorney's fees in divorce proceedings, see "Di-
vorce," $ 3.
Attorneys in fact, see "Principal and Agent.**
Authority of attorney to represent dissolved
corporation, see “Corporations," $ 6.
Competency of attorney as witness, see "Wit-
nesses," $ 1.
Payment of attorney's fees by personal repre
sentative, see "Executors and Administra
tors," $ 4.
1. Duties and liabilities of attorney
I ment for the loan, purporting to be executed by