DOMICILE. and 121 New York State Reporter live electric wire, an instruction held not In action for death because of plaintiff's in- EMINENT DOMAIN. Public improvements by municipalities, see § 1. Nature, extent, and delegation of Legislature may authorize another to occupy City held authorized to condemn lands oc- Loss of, as element of damages, see "Dam-cupied by railroad tracks of railroad company to the extent of laying a sewer under the Under Laws 1897, p. 907, c. 665, owner of EMPLOYES. See "Master and Servant." ENTRY. Re-entry by landlord, see "Landlord and Ten- EQUITABLE ASSIGNMENTS. See "Assignments," § 1. EQUITABLE SET-OFF. See "Set-Off and Counterclaim." EQUITY. Equitable assignments, see "Assignments” § 1. Particular subjects of equitable jurisdiction and See "Injunction"; "Interpleader"; "Partition," Verdict or findings contrary to evidence, see Waiver of objections to admission of, see As to particular facts or issues. see Establishment of trust, see "Trusts," § 1. In actions by or against particular classes of See "Attorney and Client," § 1; "Carriers," § Bailor and bailee, see "Bailment." In particular civil actions or proceedings. For accounting by trustee, see "Trusts," § 4. For breach of contract to make bequest or For discharge from employment, see "Master For injuries caused by operation of street rail- For maintenance of nuisance, see "Nuisance," For personal injuries, see "Carriers," § 3: For price of land, see "Vendor and Purchaser," For services, see "Work and Labor." For wrongful death caused by operation of For wrongful death caused by operation of On bill or note, see "Bills and Notes," § 4. In criminal prosecutions. See "Criminal Law," § 3; "Gaming," § 1; "Re- and 121 New York State Reporter Evidence, in action for false representation, of similar false representation connected with same transaction, held admissible to show intent. Ettlinger v. Weil (Sup.) 1049. A party may not in one case elicit evidence which is not material or useful to him therein, merely for use in another case.-In re Shawmut Min. Co. (Sup.) 1059; Appeal of Miller, Id. § 3. Admissions. Where the brother of a purchaser of land was jointly interested in the same with the purchaser, his statements and declarations with reference thereto held admissible, as against the vendor in an action to enforce a contract to repurchase.-Maier v. Rebstock (Sup.) 85. The fact that an injury to plaintiff's vehicle was caused by the driver of defendant's wagon could not be shown by the declaration of such driver, made after the event.-Burns v. Borden's Condensed Milk Co. (Sup.) 883. In action for servant's injuries, testimony as to conversation with defendant's superintendent after the accident held incompetent on the issue of notice to defendant of fellow servant's incompetency.-White v. Lewiston & Y. F. Ry. Co. (Sup.) 901. § 4. Documentary evidence. It was error to receive in evidence, over objection, records of the court, with no other evidence of identification than the word of counsel that they were the originals.-Levy v. Fidelity & Deposit Co. (Sup.) 487. Entries by a party in his own favor in his cash book and ledger are not competent evidence against the party against whom they are made.-Brown v. Bronson (Sup.) 872. In an action for work done and materials furnished. an account from plaintiff's books, made by his bookkeeper, shown to be correct, held admissible in evidence.-Hurley v. Macey (Sup.) 924. § 5. Parol or extrinsic evidence affect ing writings. Where a contract was executed by an agent in his own name under seal, evidence that he was agent, and that he executed the contract for his principal, was incompetent.-Anderson v. Connor (Sup.) 449. Evidence that chattel was transferred pursuant to and in consummation of oral agreement, contemporaneous with written one, held admissible in defense of title.-Hamblen v. German (Sup.) 642. § 6. Opinion evidence. A physician held competent to testify as to the results of the dissection of a limb which he amputated, though he was not present at such dissection.-Steinacker v. Hills Bros. Co. (Sup.) 33. It is competent for a witness to testify as to whether 27 feet is an unusually long span, as such fact is not a matter of common knowl edge.-Nelson v. Young (Sup.) 69. A witness may give the union scale of wages as a ground for his conclusion as to the proba ble wages of a person injured, although there is no proof that such person was a union man. -Nelson v. Young (Sup.) 69. In an action on a contract by an alleged as signee, his testimony that the contract had been "sold" or "transferred" to him was inadmissible.-Mardowitz v. Goldberg (Sup.) 234. In an action for materials furnished and labor performed in constructing wells, question, asked defendant, as to his ability to use them, held properly excluded as calling for a conclusion.-Dubois v. Williamson (Sup.) 645. § 7. Weight and sufficiency. A verdict held against the weight of the evidence.-Reilly v. Interurban St. Ry. Co. (Sup.) 423. An execution held invalid under Consolidation Act, Laws 1882, p. 356, c. 410, § 1390.Goldberg v. Markowitz (Sup.) 1045. Where, after the fall of a building in process of reconstruction, an official who examined the same testified as to its condition, for plain- § 2. Execution against the person tiff, a question, on cross-examination, as to Code, § 780, held not to authorize less than "what was your conclusion?" was properly ex- 14 days' service of papers in proceedings for cluded, as not a proper subject for expert tes-discharge of imprisoned debtor, under section timony.-Nelson v. Young (Sup.) 69. 2205.-In re Quick (Sup.) 316. EXECUTORS AND ADMINISTRATORS. | tion with her burial.-Pache v. Oppenheim See "Descent and Distribution"; "Wills." Taxation of property of decedent's estate, see Testamentary trustees, see "Trusts." § 1. Administration in general. The claim of an administrator, resident in 18. § 2. Appointment, qualification, tenure. and Nonresident alien held not entitled, under Reversal of surrogate's decree admitting will § 3. Assets, appraisal, and inventory. Collection and management of es- An executor's account held properly surchar- An executor's account held properly surchar- Deed by one only of two acting executors A deed by the widow of a deceased partner, An executor held not liable for the default of 5. Allowance and payment of claims. Power of surrogate to permit compromise and Husband held entitled to recover against es- (Sup.) 704. Code Civ. Proc. § 2718, held not to authorize A nephew, having permitted his impecunious Executrix held not protected by Code Civ. Executrix must prove claim against the es- § 6. Distribution of estate. In distributing estates under Code Civ. Proc. of court. Where the personal property is insufficient to 88. Actions. A complaint held to be on an implied contract Under Code Civ. Proc. § 448, the administra- Where there is no defect in the appointment The administrator of a deceased partner held Under Greater New York Charter, § 1364, Under Code Civ. Proc. § 3246, executors held Suit by devisee against executors to obtain Holder of notes, on securing judgment against and 121 New York State Reporter cumstances, in obtaining the judgment of the court on the enforceability of the notes.-Bosworth v. Kinghorn (Sup.) 983. 9. Accounting and settlement. Charging to the executor personally all the costs and expenses of proceedings resulting in the surcharging of his account for negligent failure to collect claims held in the discretion of the surrogate. In re Northup's Will_(Sup.) 318; In re Long Island Loan & Trust Co., Id. Legacies of property, bequeathed to be divid ed among certain persons, held liable for their proportionate share of executor's commissions. -In re Fisher (Sup.) 567. FIDUCIARY RELATIONS. Effect of misappropriation while acting in fiduciary relation on discharge in bankruptcy. see "Bankruptcy," § 3. FINAL JUDGMENT. Appealability, see "Appeal," § 1. On reference, see "Reference," § 2. FIRE INSURANCE. See "Insurance." FIXTURES. A heating apparatus, installed in a building by a contractor purchasing the apparatus under a contract of conditional sale, held a part of the realty. Jermyn v. Hunter (Sup.) 546. FLOWAGE. See "Waters and Water Courses," § 2. FORECLOSURE. of corporate mortgage, see "Mortgages," § 3. Of lien, see "Mechanics' Liens." § 2. Of mortgage, see "Chattel Mortgages," § 1; "Mortgages," § 4. Scope and extent of review, see "Appeal,” § 5. FOREIGN CORPORATIONS. See "Corporations," § 7. Dismissal of attachment against, see "Attachment," § 3. Insurance companies, see "Insurance," § 1. FORFEITURES. Of insurance, see "Insurance," § 6. FORGERY. Liability of broker selling bonds on forged authority, see "Brokers," 3. FORMER ADJUDICATION. See "Judgment," §§ 4, 5. FORMER JEOPARDY. Bar to prosecution, see "Criminal Law," § 2 |