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pleading, see "Pleading," $ 4.
Appeal from interlocutory judgment of county
court, see "Appeal," $ i.
Coroner as county officer, see "Coroners."
Judges, see “Judges."
Review of decisions, see "Appeal.”
Right to trial by jury, see "Jury," $ 1.
Jurisdiction of particular actions, proceedings,
Judgment obtained by plaintiff held more fa-
tors and Administrators,” $ 8.
§ 1. Nature, extent, and exercise of ju-
risdiction in general.
Collard v. Beach (Sup.) 884.
In an action between nonresidents for tort
committed in the state of their residence, want
Collard v. Beach (Sup.) 881.
procedure in general.
be followed.--Johnston v. Mutual Reserve Fund
Life Ins. Co. (City Ct. N. Y.) 438.
§ 3. Courts of limited or inferior juris-
defendant had been granted an adjournment on
Storage Co. (Sup.) 484.
§ 4. Courts of appellate jurisdiction.
A complaint filed in the City Court of Yon-
more than $100, so as to justify an appeal to
the Appellate Division of the Supreme Court,
under Laws 1893, p. 873, c. 416, tit. 9, $ 1.-
and 121 New York State Reporter COVENANTS.
by false pretenses showed by its allegations
that the conspiracy was merged in the crime In insurance policies, see "Insurance,”' $.6. of false pretenses might have been taken at the In leases, see “Landlord and Tenant," 1. trial.- People v. Weichers (Sup.) 897. $ 1. Construction and operation.
$ 3. Evidence. Definition of tenement house, under Laws Accomplice testimony held sufficiently cor1867, p. 2273, c. 908, $ 17, held not applicable to 'roborated under Code Cr. Proc. $ 399.- People construction of a deed covenanting against the v. Ammon (Sup.) 358 erection of tenement houses on the land con
8 4. Trial. veyed.-Kitching v. Brown (Sup.) 75.
Explicit instructions covering the case har$ 2. Performance or breach.
ing been given, further requested instructions Modern apartment houses held, in action for may be refused.-People 7. Ammon (Sup.) 358. injunction against their occupancy, not within prohibition of a covenant in a deed against the court of the penalty prescribed by statute for
On a criminal trial, the statement by the erection of a tenement house on the land con- the crime charged is not error.-People T. veyed.---Kitching v. Brown (Sup.) 75.
Canepi (Sup.) 773. A building restriction in a deed construed, and held not violated by the construction of de $ 5. Motions for new trial and in ar
rest. fendant's building.--Stein v. Lyon (Sup.) 125.
An objection that an indictment for conspira. Covenant that property sold was subject to cy to obtain money by false pretenses showed monthly tenancies held to have been broken by that that crime had been merged in the crime agreement that, if tenants paid rent for certain of false pretenses held one that might have been months, they should have one month's rent free. taken in arrest of judgment, under Code Cr. -Toch v. Horowitz (Sup.) 455.
Proc. $ 331.-People v. Weichers (Sup.) 897. $ 3. Actions for breach,
86. Appeal and error, and certiorari. Vendee, to show damage by existence of leases
Under Const, art. 1, $ 6, providing for counon purchased property, must prove that rent re- sel to persons accused, and Code Or. Proc. $ 527, served is less than the rental value.- Toch v. allowing Appellate Division to reverse conrie Horowitz (Sup.) 455.
tion where justice demands, conviction reversed;
counsel being unprepared and refusing to take COVERTURE.
part in trial.- People v. Calabur (Sup.) 121.
On appeal from a conviction of conspiracy, See "Husband and Wife."
held, that an objection that the indictment show. ed that the conspiracy had been merged in the
crime of false pretenses might be considered. CREDIBILITY.
though the objection had not been made on trial
or in arrest of judgment, under Code Cr. Proc. Of witness, see "Witnesses," $ 3.
$ 331.-People v. Weichers (Sup.) 897.
Under Code Cr. Proc. $ 323, subd. 3, and set
tion 331, held, that an objection to an indictment CREDITORS.
on the ground that it charged, not only conspira
cy to obtain money by false pretenses, but false See “Bankruptcy"; “Fraudulent Conveyan- pretenses, could not be raised for the first time ces."
on appeal.-People v. Weichers (Sup.) 897. CRIMINAL LAW.
See "Witnesses," & 2.
cide"; "Lotteries," $ 1; "Perjury"; "Receiving Stolen Goods"; "Rescue." Violation of liquor laws, see "Intoxicating Liq
DAMAGES. uors," $ 4. 8 1. Parties to offenses.
Damages for particular injuries. Under the express provision of Pen. Code & See “Death,” $ 2;, “Fraud," $ 2; “Libel and 29, one who aids and abets in the commission
Slander," '$ 2; "Nuisance," § 1; "Trespass," of a crime is liable as a principal.-People v.
1. Canepi (Sup.) 773.
Breach by seller of contract for sale of goods, 8 2. Former jeopardy.
see "Sales," $ 5. Under Code Cr. Proc. $ 331, an objection that Breach of bail bond, see "Bail," § 1. an indictment for conspiracy to obtain money | Breach of covenant, see “Covenants," I S.
Caused by public improvements, see “Munici- , inadmissible under the complaint.---Lockwood
v. Troy City Ry. Co. (Sup.) 311.
Verdict exceeding amount established by evi-
dence will be accordingly reduced. — Leavy v.
Manhattan Delivery Co. (Sup.) 499.
Caused by electricity, see "Electricity."
of party to action ground for abatement, see
“Abatement and Revival," $ 1.
One selling materials to contractor held not of tenant, see "Landlord and Tenant,” 8 4.
On an issue as to whether a son, who was
joint owner with his mother of a deposit in a
savings bank, had survived the mother, evidence
in which the press 3 2. Aotions for causing death.
wrongful act, held sufficiently similar to Code
New York Cent. & H. R. R. Co. (Sup.) 617.
Under Code Civ. Proc. 88 1902–1904, where a
son, wrongfully killed, left surviving him his
damages recoverable for the son's death was
& H. R. R. Co. (Sup.) 906.
DEBTOR AND CREDITOR.
In suit for accounting of profits made by de Estates, see "Descent and Distribution”; “Ex-
deceased, see “Witnesses,” $ 1.
and 121 New York State Reporter DEDICATION.
DEPOSITIONS. § 1. Nature and requisites.
See "Witnesses." Owners of lands held to have dedicated them to the public use, to the extent of a sewage sys
A defendant held not entitled to bare a subtem erected thereon. --Sherman Lime Co. v. Vil pæna requiring him to appear and give his deplage of Glens Falls (Sup.) 95.
osition set aside, because other defendants were
not given notice.-In re Shawmut Min. Co. 8 2. Operation and effect.
(Sup.) 1059; Appeal of Miller, Id.
In bank, see "Banks and Banking," $ 3.
$ 1. Covenants in deeds, see “Covenants."
DESCENT AND DISTRIBUTION. Creation of joint tenancy, see "Joint Tenancy.'
See “Executors and Administrators”; “Wills."
Inheritance and transfer taxes, see "TaxaDeeds by or to particular classes of parties. tion," $ 4. See "Executors and Administrators," $ 4. Inheritance dependent on legitimacy, see “BasDevisees, see "Wills," $ 5.
tards," 8 1. Deeds of particular species of property.
§ 1. Rights and liabilities of heirs and
distributees. See "Easements," $ 1.
Children of intestate held by agreement to Water rights, see "Waters and Water Courses," have waived the right to have advancements § 1.
charged against one of their number on partiParticular classes of deeds.
tion of property.-Hoerle v. Hoerle (Sup.) 1007. Of trust, see “Mortgages."
DESCRIPTION. § 1. Requisites and validity.
That written papers do not sufficiently con- of devisees or legatees in will, see "Wills," (4. vey legal record title is not sufficient to defeat Of parties in action, see "Parties," $ 2. intention that title should vest, where contract of property devised or bequeathed, see “Wills, has been performed and consideration paid. - $ 4. Lueseuhop v. Einsfeld (Sup.) 268.
Of property insured, see "Insurance," $ 3. A deed to the children of the grantor requires Of property mortgaged, see “Mortgages," § 2 no pecuniary consideration to support it.-Russ v. Maxwell (Sup.) 1077.
DETINUE. § 2. Construction and operation.
See "Replevin." Children of grantor of a deed to a life tenant and then to children of the grantor held to include children born after the execution of the
DEVISES. deed.-Russ v. Maxwell (Sup.) 1077.
See "Libel and Slander."
Of aliens, see "Aliens," $ 1.
From employment, see "Master and Servant.** Judgment by, see "Judgment," § 1.
$ 1. From indebtedness, see "Accord and Satisfac
tion"; "Bankruptcy," $ 3; “Release." DEMAND. For jury, see “Jury," 8 1.
Of action, see "Dismissal and Nonsuit," $ 1. DEMURRER.
DISCOVERY. As remedy for defect of parties, see "Parties," $ 3.
$ 1. . Under statutory provisions. In pleading, see "Pleading," $ $ 2, 3, 6.
Plaintiff, entitled to an inspection of defendTo indictment, see "Indictment and Informa- ant's books, showing the amount paid employés tion," $ 1.
on which premiums for indemnity insurance
were to be calculated, held not entitled to an or- unreasonable delay.-MeMann v. Brown (Sup.)
Where do jurisdiction of defendant is ob-
tained, judgment of dismissal is proper.-Bacon
Of estate of decedent, see "Descent and Dis-
Repeated charges of wife's infidelity held
cause for separation, under Code Civ. Proc. §
1762, providing for separation for cruel and
inhuman treatment.-Smith v. Smith (Sup.) 137.
§ 2. Jurisdiction, proceedings, and re-
Where referee's report in divorce is not con-
v. Bauer (Sup.) 607.
$ 3. Alimony, allowances, and disposi.
tioa of property.
Where ground for separation was husband's
sel fees held proper.-Smith v. Smith (Sup.)
Where ground for separation was husband's
charges of wife's infidelity, order giving alimony
pendente lite on condition that she quit his resi-
dence held improper.-Smith v. Smith (Sup.)
supplementary proceedings on execution on or-
der for support, pending suit for separation or
tion; provision for its enforcement being made
by sections 1772, 1773.-Weber v. Weber (Sup.)
Bauer (Sup.) 607.