SECTIONS CONSTRUED. Sections of the Code of Civil Procedure, construed or cited in the following Reports issued during the period covered by this volume: New York Reports, Vols. 164 and 165, Appellate Division Reports, Vols. 51 to 57 inclusive: Miscellaneous Reports, Vols. 31 to 33 inclusive. $ 5 Page. PEOPLE v. HALL. Criminal trial-When persons 14 sub. 3 LESLIE v. SARATOGA BREWING CO. Contempt.- 17 66 66 66 74 102 55 App. Div. 63 55 App. Div. 350 " 190 Page. VILLAGE OF CHAMPLAIN v. MCCREA. AppealFinal order and judgment. 165 N. Y.......... 264 191 sub. 2 DONNELLY v. CITY OF NEW YORK. Leave to appeal to the Court of Appeals-Not necessary in action by a public officer to recover compensation determined by statute........54 App. Div. 155 PEOPLE v. NUGENT. Term of County CourtThat the order designating it purports to be made by the court is immaterial..57 App. Div. 542 PEOPLE v. NUGENT. Term of County Court-An indictment found at a term, of which due publication is not made, is not valid, 355 356 369 382 386 394 395 395 401 57 App. Div. 542 CUTTING v. BURNS. Proof of mere undisturbed possession for twenty years or more does not satisfy the requirements of this section in relation to adverse possession.....57 App. Div. 185 CAMPBELL v. CULVER. Principal and agentWhen the Statute of Limitations begins to run because of the agent's failure to pay a tax on his principal's real property-Where the action is on contract section 382 of the Code of Civil Procedure does not apply..... ....56 App. Div. 591 MCDONALD v. JAFFA.. What is not a mutual open and current account-Statute of Limitations..... .53 App. Div. 484 MORGAN HEDSTROM. Limitation of action to enforce penalty..... ....164 N. Y. 224 FLETCHER V. DANIELS. Statute of LimitationWhat is an acknowledgment of a debt which takes it out of the operation of the statute, 52 App. Div. 67 432 sub. 3 YOUNG & FLETCHER Co. v. WELSBACH, L. Co. 440 ing agent" on whom a summons may be VERPLANCK v. GODFREY. ....55 App. Div. 16 Foreclosure-Order of publication, directing copies of the summons to ..31 Misc. 54 447 449 449 449 452 452 452 452 Page. WOKAL V. BELSKY. In an action at law a person 53 App. Div. 167 51 App. Div. 552 BROWN v. POWERS. Judgment assigned by a bank for its convenience, to its cashier-The cashier may sue thereon as the real party in interest...... .53 App. Div. 251 FLANAGAN V. FIDELITY & DEPOSIT CO. Right of successor to sue surety of defaulting, adminis .32 Misc. 424 trator.... MICHAELIS v. TOWNE. Party-One claiming securities, the subject of an action of replevin between third persons is entitled to be made a party defendant to the action.....51 App. Div. 466 BAUER V. DEWEY. Party-Right to be made a party defendant to an action for the recovery of money only-Not if it changes the character of the action..... KINNEY V. REID ICE CREAM Co. ....56 App. Div. 67 Plaintiff in an at tachment suit, he is a proper party in an ac- FEINBURG V. AMERICAN SURETY CO. Parties Right of one interested in the "subject " of the 484 sub. 9 PEOPLE v. WELLS. Misjoinder-A cause of ac- 484 sub. 9 LETSON v. EVANS. Joinder-An action to partition property left by a testator cannot be joined with an action to establish a debt against his estate and sell his real estate for it....33 Misc. 437 484 last sub. N. J. STEEL & IRON Co. v. ROBINSON. Mechanic's lien.-Foreclosure need not affect all the par ties... ..33 Misc. 361 |