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.

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PEOPLE V. HALL. Criminal trial-When persons
having no business before the court may be
excluded from the room-Competency, as
evidence, of acts and declarations of co-con-
spirators
.51 App. Div. 57

.....

14 sub. 3 LESLIE v. SARATOGA BREWING Co. Contempt.Order requiring defaulting purchaser in foreclosure to pay the difference between his bid and the price at resale, enforcible as a judgment but not as a civil contempt ..... .33 Misc. 118 KENNEDY v. NICHOLS. Discovery-Cannot be invoked to inspect real property. 33 Misc...... 726 ADEE v. ADEE. Chapter 61 of the Laws of 1899, is prospective in its operation and has no effect upon a judgment previously recovered,

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66

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102

55 App. Div. 63 MATTER OF GATES. Attorney's Lien-It attaches to the proceeds of sale of a judgment— Effect of a sale subject to the lien,

55 App. Div. 350 DOLLIVER v. AMERICAN SWAN BOAT Co. Attorney-Right of client to make an honest settlement of the action, independent of the Attorney -Foreclosure of his lien-Notice of lien unnecessary... .32 Misc. 264 IRWIN v. CURRIE. Contract-by an attorney to pay for having a demand put in hands for collection...... ..56 App. Div. 514 MCGUIRE v. BAWSHER.-Liability of a marshal who renews an execution without the plaintiff's consent..... ...52 App. Div. 276

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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,

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369

382

386

394

395

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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..

MORGAN HEDSTROM.

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.53 App. Div. 484 Limitation of action to enforce penalty.. .164 N. Y. 224 FLETCHER V. DANIELS. Statute of Limitation— What is an acknowledgment of a debt which takes it out of the operation of the statute,

52 App. Div. 67
CONN. TRUST & SAFE DEP. Co. v. WEAD. Statute
of Limitations-Written acknowledgment of
debt-Joint debtor not bound..........33 Misc. 374
CONN. TRUST & SAFE DEP. Co. v WEAD. Con-
struction of section, 401 of the Code of Civil
Procedure....
.33 Misc 374

432 sub. 3 YOUNG & FLETCHER Co. v. WELSBACH, L. Co.
Non-resident corporation-Who is a
66 manag-

440

ing agent" on whom a summons may be
served.....

VERPLANCK v. GODFREY.

....55 App. Div. 16

Foreclosure-Order of

publication, directing copies of the summons to
be deposited in the general post-office at New
York, void

.31 Misc. 54

447

449

449

449

452

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WOKAL V. BELSKY. In an action at law a person
having an interest in the controversy adverse to
the plaintiff is a proper party defendant,

53 App. Div. 167
SCHIFFER V. MILTON. Where a sold note provides,
sold for account of Mess. Smith & Schiffer,
agents for "W. F. Stevenson & Co.," Smith &
Schiffer may, under section 449 of the Code of
Civil Procedure, maintain an action for the
breach of the contract in their own name with-
out joining Stevenson & Co. with them,

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
tion, on a bond....

party in an ac-
.57 App. Div. 206

FEINBURG V. AMERICAN SURETY CO. Parties

Right of one interested in the "subject " of the
action, to be made a party.
.33 Misc... 458

484 sub. 9 PEOPLE v. WELLS. Misjoinder-A cause of ac-
tion, "for injuries to real property," cannot be
united with one for penalties, under the Fish-
eries, Game and Forest Law. An amendment
of an act relating to practice is applicable to a
pending litigation.....
..52 App. Div. 583

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