disagrees with the conclusions reached by him.
-Russell v. Lyth (Sup.) 615.

3. Report and findings.

REPEAL.

Of statute, see "Statutes," § 2.

REPLEVIN.

REFORMATION OF INSTRUMENTS.

§ 1. Proceedings and relief.

Complaint for reformation of a written con-
tract held sufficient, though not expressly char-
ging fraud or mutual mistake.-Arlt v. Whit-
lock (Sup.) 522.

REGISTRATION.

The owner of property may replevy it in
hands of wrongdoer, though it no longer re
mains in original form.-Clemmons v. Brian
(Sup.) 1066.

Complaint in replevin need not describe prop-
erty with same particularity as affidavit given
sheriff.-Clemmons v. Brinn (Sup.) 1066.

§ 2. Pleading and evidence.

Complaint in replevin held to sufficiently de
scribe the goods.-Clemmons v. Brinn (Sup.)
1066.

REHEARING.

See "New Trial."

On appeal, see "Appeal," § 7.

REINCORPORATION.

See "Corporations," § 6.

RELEASE.

"

See "Compromise and Settlement"; "Pay-
ment."

§ 1. Construction and operation.

A satisfaction and release of one of several
wrongdoers discharges all.-Smith v. Consol-
idated Gas Co. (City Ct. N. Y.) 1084.

RELEVANCY.

Of evidence in criminal prosecutions, see
"Criminal Law," § 4.

RELIGIOUS SOCIETIES.

Power to take bequest, see "Wills," § 1.

REMAINDERS.

Creation by deed, see "Deeds," § 2.
Created by will, see "Wills," § 5.

REMOVAL.

Of city officers, see "Municipal Corporations,"
§ 3.

Of justice, see "Justices of the Peace," § 1.

REMOVAL OF CAUSES.

Change of venue or place of trial, see "Venue,"
§ 2.
Transfer of criminal prosecutions to other court,
see "Criminal Law," § 1.

In an action for damages for the wrongful
taking and detention of property recovered in
replevin, the costs and expenses incurred in
recovering the possession of the property are
not elements of damage.-Sinskie v. Brust
(Sup.) 922.

A separate action for damages for the tak
ing and detention of property held maintain-
able, subsequent to replevin proceedings,__03-
der Laws 1897, c. 378 (Greater New York
Charter) 1369, and Consolidation Act (Laws
1882, c. 410) § 1344.-Sinskie v. Brust (Sup.)
922.

§ 4. Liabilities on bonds and undertak-
ings.

In an action on replevin bond, evidence held
insufficient to show defendant's possession by
virtue of the replevin writ.-Pettit v. Allen
(Sup.) 287.

Value of the replevied chattel held to be the
measure of damages in an action on a replevin
bond.-Pettit v. Allen (Sup.) 287.

uors.

Of property of decedent under order of court,
see "Executors and Administrators," § 5.
§ 1. Construction of contract.

Evidence held not to show as a matter of law
that a reasonable time had not elapsed for the
manufacture and delivery of goods contracted
to be delivered within a reasonable time.-
Ideal Wrench Co. v. Garvin Mach. Co. (Sup.)
662.

2. Modification or rescission of con-
tract.

Where the vendees returned the identical
goods purchased to the vendor, who retained
them and made no offer to return them, the
vendees were entitled to the money paid on
the sale.-Loader v. Brooklyn Chair Co. (Sup.)
297.

3. Warranties.

Agreement to manufacture goods held to be a
sale by sample.-Ideal Wrench Co. v. Garvin
Mach. Co. (Sup.) 662.

4. Remedies of seller.

the extent of the payment made for goods
never delivered.-Ideal Wrench Co. v. Garvin
Mach. Co. (Sup.) 662.

Where a purchaser returned a part of the
goods after paying for them, because defect-
ive, the measure of his damage was the price
received by defendant.-Ideal Wrench Co. v.
Garvin Mach. Co. (Sup.) 662.

Plaintiff, in an action on a contract to manu-
facture goods of certain quality, held entitled
to damages equal to the difference in value be-
tween the articles as warranted and as deliv-
ered.-Ideal Wrench Co. v. Garvin Mach. Cb.
(Sup.) 662.

SATISFACTION.

See "Compromise and Settlement"; "Payment."

SCHOOLS AND SCHOOL DISTRICTS.
§ 1. Public schools.

Under Laws 1895, c. 273, § 10, the Union
school district may issue bonds for a school
site and a school house already erected there-
on.-Oswego City Sav. Bank v. Board of Edu-
cation of Union Free School Dist. No. 2
(Sup.) 15.

Statute providing that school bonds shall be
sold at par and for cash held complied with
under the evidence.-Oswego City Sav. Bank
v. Board of Education of Union Free School
Dist. No. 2 (Sup.) 15.

Bonds of school district held validly executed.
tion of Union Free School Dist. No. 2 (Sup.)
-Oswego City Sav. Bank v. Board of Educa-

15.

to continue in office a school attendance officer
Greater New York Charter, § 1117, held not
appointed prior to February 1, 1898.-People v.
White (Sup.) 91.

Under Laws 1899, c. 440, a school district
tax warrant, authorizing the collector to re-
ceive voluntary payments thereon for two suc-
cessive weeks after delivery thereof, was void.
-Frederick v. Dorn (Sup.) 673.

Under Laws 1899, c. 440, a school district
tax warrant made returnable within 30 days
was void.-Frederick v. Dorn (Sup.) 673.

Under Laws 1894, c. 556, a school district
tax warrant, amended by the district trustee
in renewing it, was void.-Frederick v. Dorn
(Sup.) 673.

SECONDARY EVIDENCE.

SEPARATE ESTATE.

5. Remedies of buyer.

Plaintiff, in an action for breach of a con-

§ 3.

SERVICES.

SERVITUDES.

See "Easements."

SETTLEMENT.

2. Good faith and diligence.

Specific performance of a contract for trans
fer of shares of stock denied.-Ringler v. Je-
ter (Sup.) 362.

§ 3. Proceedings and relief.

Where an executor contracts orally for sa
of land, an agreement under seal, signed ty
determine the description of the land.-Agon v.
the executor personally, may be looked to to
Barry (Sup.) 667.

Evidence held insufficient to establish com
tract to give entire estate to plaintiff at death.
-Ripsom v. Hart (Sup.) 791.

SPIRITUOUS LIQUORS.

See "Intoxicating Liquors."

Laws impairing obligation of contracts, see
"Constitutional Law," § 2.

Provisions relating to particular subjects.
See "Descent and Distribution"; "Explosives";
"Food"; "Intoxicating Liquors"; "Mechan-
ics' Liens"; "Paupers," 8 1; "Physicians
and Surgeons"; "Railroads," § 1; "Repler-
in." § 3; "Schools and School Districts," 1:
"States," § 1; "Taxation"; "Towns," § 1;
"Trusts," § 2.

Statute of frauds, see "Frauds, Statute of"
§ 1. Amendment, revision, and codifica-
tion.

Where an amendment to a statute is incon-
sistent with an older provision therein, the
older provision must govern.-In re Wallace
(Sup.) 445.

2. Repeal, suspension, expiration, and
revival.

Laws 1874, c. 323, held to repeal Laws 1872.
c. 733, by implication.-People v. Coler (Sup.)

564.