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PROCEDURE REPORTS

CONTAINING CASES UNDER THE

CODE OF CIVIL PROCEDURE

AND

THE GENERAL CIVIL PRACTICE

OF THE

STATE OF NEW YORK

REPORTED WITH NOTES

BY

PERCIVAL S. MENKEN, Ph.D., LL.B.

EDITOR OF NEW YORK LAW RECORD

WITH A REFERENCE TO THE SECTIONS OF THE CODE OF CIVIL PROCEDURE CONSTRUED
IN THE OPINIONS CONTAINED IN THE FOLLOWING REPORTS, ISSUED DURING THE
PERIOD COVERED BY THIS VOLUME: NEW YORK REPORTS, Vols. 164,
165 ; APPELLATE DIVISION REPORTS, Vols. 51 TO 57, INCLUSIVE;
MISCELLANEOUS REPORTS, Vols. 31 to 33 INCLUSIVE,
AND NEW YORK Civil PROCEDURE REPORTS,

VOL. 31.

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Sections of the

Code of Civil Procedure.

Page.
Life insurance ; action by insured's administra-
tor ; effect of clause giving choice of beneficiary

to insurance company.

446, 447
Wokal v. Belsky.....

130

Life insurance; action by insured's administra-

tor; effect of clause giving choice of beneficiary

to insurance company.

449 Brown v. Powers....

126

Judgment; real party in interest.

452
Mooney v. N. Y. Elevated R. R.....

49
Rights for trial court; bringing in new parties

and amended pleadings accordingly.
519 Hatch v. Leonard....

374
Pleading; implied agency of wife to bind hus-

band for necessaries.

636 Anthony & Co. v. Fox.

136

Attachment upheld ; existence of cause of ac-

tion sufficiently shown by moving papers.

647 Simpson v. Jersey City Contracting Co....

286
Attachment; certificates of stock of non-resi-

dent owner.
649 sub. 3 Simpson v. Jersey City Contracting Co........ 286

Attachment; certificates of stock of non-resi-

dent owner.
655 Dunn, Sheriff v. Arkenburgh.....

67
Attachment; action by Sheriff to recover at-

tached property.
677 Dunn, Sheriff v. Arkenburgh....

67
Attachment; action by Sheriff to recover at-

tached property.
723
Mooney v. N. Y. Elevated R. R.......

49
Rights for trial court ; bringing in new parties

and amended pleadings. accordingly.

723 Jackson v. Foley.....

161

Kecission of purchase of business ; judgmentan-

nulling contract of sale canceling mortgage

given in part payment and for personal recovery

against person receiving cash payment.
723 Hatch v. Leonard.....

374
Pleading; implied agency of wife to bind hus-

band for necessaries.

740 Bush v. O'Brien.....

324

Power of Corporation Counsel ; compromise of

claims and allowance of judgment therefore,

against City without consent of Comptroller.

Sections of the

Code of Civil Procedure.

Page.

756 Mooney v. N. Y. Elevated R. R. ......

49

Rights for trial court; bringing in new parties

and amended pleadings accordingly.

760 Mooney v. N. Y. Elevated R. R.......

49

Rights for trial court; bringing in new parties

and amended pleadings accordingly.

824 Davis v. Knights of Honor

298

Evidence; physician's certificate filed with

Board of Health not competent to prove cause of

death.

829 Matteson v. Palser.....

198

Validity of trust deed.

829 Boyd v. Boyd.....

248

Evidence; testimony in supplementary proceed-

ings admissible as impeaching evidence.

834-836 Holden v. Metropolitan Life Ins. Co........, ... 175

Life Insurance; waiver of provisions of code

against testimony of attending physician.

933 Davis v. Knights of Honor......

298

Evidence; physician's certificate filed with

Board of Health not competent to prove cause

of death.

1022 Matter of Chapman...

57
Power of Appellate Division; duty to order

new accounting for errors.
1022 Eleventh Ward Bank v. N. Y. & N. J. Fire Proof.

ing Co........
Receiver's note secured by receiver's certificates;
construction of agreement between receiver and

holders of receiver's certificates.
1022 National Protective Ass'n of Steam Fitters and

Helpers et al. v. Cummings et al. ...... 145
Labor organizations; the doctrine of Allen v.

Flood approved and followed.

1027 Brokaw v. Duffy......

349

Executory contract; marketable title to real

estate.

1200 Hascall v. King et al. .....

207
Costs and extra allowance ; scope and interpre-

tation of order of Court of Appeals.

1240, 1241 Harris v. Elliott et al. as executors......

42

Enforcing payment of judgment by punishment

for contempt; remedy where County Clerk

wrongfully refuses to docket judgment.

1245, 1246 Harris v. Elliott et al as executor .....

42

... 106

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