COMMISSIONERS.

Proceedings to determine damages; jurisdiction and power
of; appointment of; pleadings; appeal, 72.

COMPTROLLER,

Power of, in regard to claims against the City, Sce Corpora-
tion Counsel, 333.

CONTRACT,

Construction of, 37.

Executory, in regard to real estate titles, 356.

Recission of, may be allowed, when parties do not stand on
equal footing, 161.

CONSTITUTION,

of the State of New York, Interpretation of Article 6, Sec-
tion 18, 274.

CORPORATION COUNSEL,

Power of to compromise claims and allow judgments, 333.
CORPORATION LAW,

Construction of Section 48, 265.

COSTS,

To "appellants in all courts, to the respondent in this court"
construed not to authorize bills of costs of different appel-
lants, 207.

to abide the event by the Court of Appeals, include all costs of
the action up to and including the Court of Appeals, 207.
When specific direction is given therefor must be followed, 207.
COURT OF APPEALS,

Power of, in awarding costs, 207.

DAMAGES,

Recission of contract, 161.

DEATH,

Action to recover damages for negligently causing death,
survives, 239.

DISTRIBUTIVE SHARE,

Rule followed, 180.

DIVORCE,

Foreign judgment void as against non-resident defendant.
Evidence of persons of doubtful character in, 383.

EVIDENCE,

Physician's certificate when not competent to prove cause of
death, 307.

Proof of relationship by family pedigree, 368.

Testimony in supplementary proceedings admissible as im-
peaching evidence, 248.

See DIVORCE.

EXECUTION,

Leave to issue against decedent's real property, 12.

EXECUTOR,

Foreign, disability to sue, 1.

EXECUTORS AND ADMINISTRATORS,

Order of payment of debts, 99.

EXECUTORS,

Accounting of, Transfer of rights to payments from benevo-
lent association before death of testatrix, how affected
in, 230.

FAMILY PEDIGREE,

How proved, 368.

HABEAS CORPUS,

Liability of Sheriff for illegal discharge of prisoner committed

in civil cause, 6.

To obtain custody of children, when dismissed, 214.

Jurisdiction of court in, 214.

Scope of, 214.

HUSBAND,

Wife, implied agent of, 374.

INFANT,

Action to recover for board and lodging against; what neces-
sary to allege in complaint, 342.

JUDGMENT,

Enforcing payment of, by punishment for contempt, 42.

Remedy where County Clerk wrongfully refuses to docket
judgment, 42.

Lien upon property purchased with pension moneys, 63.
Real party in interest, 126.

JUDGMENT ROLL,

Admissibility of, for specific purpose, 37.

LABOR ORGANIZATIONS,

What is not unlawful for them to do, 145.

LEASE,

Construction of, 29.

LEGACY,

Tax, when not applicable to estates of non-resident aliens, 310.
LIFE INSURANCE.

Action by insured's administrator. Construction of clause
giving choice of beneficiary to insurance company, 130.
Statement made by insured waiving provisions of the Code
not binding on personal representatives, 175.

MARSHALL,

In Municipal Court, when can act, 170.

MECHANIC'S LIEN.

Insertion of the name of owner or lessee as person to be pro-
ceeded against. When lienor cannot proceed differently
thereafter, 223.
Knowledge that improvements were being made on the
premises by the lessee beyond those called for in the lease
not sufficient to charge owner's interest, 223.

Owner, to charge him, some affirmative act must be shown
tending to mislead, 223.

MUNICIPAL COURT,

Jurisdiction of, process by who executed, 170.

Redemption proceedings, 185.

Jurisdiction of, 274.

NEGLIGENCE,

Causing death, action survives, 239.

PHYSICIAN,

Claiming privilege of waiver in life insurance not permitted
against personal representatives, 175.

PERSONAL

Recovery allowed in rescission of contract, 161.

PARTIES,

Bringing in new parties and amending pleadings, 49.
PLEADINGS.

Negative allegation of fact, 342.

In an action against husband to recover for wife's necessaries,
what necessary to allege, 374.

In proceedings to determine damages, 72.

REAL ESTATE,

Purchaser entitled to marketable title, 349.

Waiver of valid objection to title. Purchaser not permitted
to recover charge from grantor. Waived, 121.

Of decedent, leave to issue execution against, 12.

Purchased with pension moneys, lien of judgment, 63.

RECEIVER'S NOTE.

How secured. Construction of agreement between receiver
and holder of receiver's certificate, 106.

REDEMPTION PROCEEDINGS,

Section 2256 of the Code of Civil Procedure construed,
185.

REMEDY

In rescission of contract, 161.

RESCISSION OF CONTRACT,

Where parties do not stand on equal footing may be al-
lowed, 161.

SHERIFF,

Liability of, for illegal discharge of a prisoner committed in

civil cause, 67.

Action by, to recover property attached, 67.

STATUTE OF LIMITATIONS,

In action to charge debt of decedent upon real estate, how
applied, 198.

SUMMARY PROCEEDINGS,

Effect of, 29.

Counter-claim for damages in, 81.

SUPPLEMENTARY PROCEEDINGS,

Testimony taken in, admissible to impeach evidence upon
trial, 248.

SURROGATE'S COURT,

Jurisdiction of, 387.

TAX LAW.

Laws of 1896, Chap. 908, Sec. 250, 22.

TRIAL,

Evidence in supplementary proceedings when admissible, 248.
TRIAL COURT,

Power of, 49.

TRUST DEED,

When sufficient, as against deficiency judgment in fore-
closure, 198.

Validity of, burden of proving same upon plaintiff, 198.

U.S. INTERNAL REVENUE ACT, 1898, 310.

WARRANT OF ATTACHMENT.

How executed in Municipal Court, 170.

WAR REVENUE ACT, 310.

WIFE,

Implied agency of in regard to husband to bind him for her
necessaries, 374.