« AnteriorContinuar »
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,
| $ 7.
tors and Administrators," $ 8.
§ 1. Nature, extent, and exercise of ju-
risdiction in general.
nsidered.-Smith y. Sheldon (Sup.) 1099. gardless of residence or nature of action.-
Collard v. Beach (Sup.) 884.
In an action between nonresidents for tort
committed in the state of their residence, want
incurred by plaintiff held not sufficient grounds
for courts of this state to retain jurisdiction.-
Collard v. Beach (Sup.) 881.
procedure in general.
be followed.-Johnston v. Mutual Reserve Fund
Life Ins. Co. (Oity Ct. N. Y.) 438.
§ 3. Courts of limited or inferior juris-
| A case held not removable from the municipal
defendant had been granted an adjournment on
his application.-Syms v. American Automobile
Storage Co. (Sup.) 484.
Refusal to discontinue an action held to be
§ 4. Courts of appellate jurisdiction.
A complaint filed in the City Court of Yon-
under Laws 1893, p. 873, c. 416, tit. 9, § 1.-
and 121 New York State Reporter
| by false pretenses showed by its allegations
that the conspiracy was merged in the crime
8 3. Evidence.
1 & 4. Trial.
Explicit instructions covering the case har-
ing been given, further requested instructions
the crime charged is not error.-People T.
Canepi (Sup.) 773.
§ 5. Motions for new trial and in ar.
An objection that an indictment for conspira-
taken in arrest of judgment, under Code Cr.
Proc. $ 331.-People v. Weichers (Sup.) 897.
§ 6. Appeal and error, and certiorari.
Under Const. art. 1, § 6, providing for coun-
sel to persons accused, and Code Cr. Proc. $ 527,
allowing Appellate Division to reverse conrie
tion where justice demands, conviction reversed;
counsel being unprepared and refusing to take
part in trial.-People v. Calabur (Sup.) 121.
On appeal from a conviction of conspiracy,
held, that an objection that the indictment shos-
or in arrest of judgment, under Code Cr. Proc.
$ 331.:-People v. Weichers (Sup.) 897.
Under Code Cr. Proc. $ 323, subd. 3, and see
tion 331, held, that an objection to an indictment
on the ground that it charged, not only conspira-
cy to obtain money by false pretenses, but false
on appeal.-People v. Weichers (Sup.) 897.
w See "Witnesses," $ 2.
Ground for divorce, see “Divorce," $f 1, 3.
Damages for particular injuries.
Slander," $ 2; "Nuisance," & 1; "Trespass,"
§ 1. .
| Breach by seller of contract for sale of goods,
see "Sales," $ 5.
Caused by public improvements, see "Munici- , inadmissible under the complaint.--Lockwood
v. Troy City Ry. Co. (Sup.) 311.
dence will be accordingly reduced. — Leavy v.
Caused by electricity, see "Electricity."
of party to action ground for abatement, see
“Abatement and Revival," & 1.
ties. Of servant, see “Master and Servant," 88 3-8.
l'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
§ 2. Actions for causing death.
wrongful act, held sufficiently similar to Code
Oiv, Proc. $ 1902, to authorize the bringing of
received in Connecticut.-Strauss v. New York,
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
father as his only next of kin, the measure of
damages recoverable for the son's death was
the pecuniary injury to the father for the time
elapsing between the death of the son and the
Under Code Civ. Proc. $$ 1214, 1215, held
DEBTOR AND CREDITOR.
Estates, see “Descent and Distribution"; "Ex-
ecutors and Administrators."
Testimony as to transactions with persons since
deceased, see "Witnesses," $ 1.
and 121 New York State Reporter
A defendant held not entitled to have a sub-
osition set aside, because other defendants were
not giren notice.-In re Shawmut Min. Co.
| (Sup.) 1059; Appeal of Miller, Id.
In bank, see "Banks and Banking," $ 3.
Joint ownership of bank deposits, see "Joint
DESCENT AND DISTRIBUTION.
See "Executors and Administrators”; “Wills."
Inheritance and transfer taxes, see “Taxa-
tion," $ 4.
tards," § 1.
§ 1. Rights and liabilities of heirs and
Children of intestate held by agreement to
| bave waived the right to have advancements
charged against one of their number on parti-
tion of property.-Hoerle y. Hoerle (Sup.) 10.
That written papers do not sufficiently con- 1 Of devisees or legatees in will, see “Wills." $ £
Of property insured, see "Insurance," $ 3.
Of aliens, see "Aliens," $ 1.
From employment, see "Master and Serrant.*
tion"; "Bankruptcy," § 3; “Release."
Of action, see "Dismissal and Nonsuit," 3 1.
13 1. Under statutory provisions.
Plaintiff, entitled to an inspection of defend-
Ton which premiums for indemnity insurance
were to be calculated, held not entitled to an or- unreasonable delay.-McMann 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
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-
firmed, a new referee will be appointed.-Bauer
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-
Jdence held improper.-Smith v. Smith (Sup.)
supplementary proceedings on execution on or-
| der for support, pending suit for separation or
divorce.- Weber v. Weber (Sup.) 519.
tion; provision for its enforcement being made
by sections 1772, 1773.-Weber v. Weber (Sup.)
Bauer (Sup.) 607.