completion of such examination all ballots taken from such boxes, together with the envelopes in which any of them may be inclosed, shall be forthwith returned to the boxes from which they came, and such custodian shall forthwith relock and reseal such boxes, and shall retain possession thereof as required by law, subject to the further order of the court ordered, further, that the ballots returned to and filed with the county clerk as custodian shall, at the completion of the examination thereof hereby authorized, be resealed by him in the envelopes from which they came, and that he retain possession thereof, as required by law, subject to the further order of the court"-and, as so modified, affirmed, without costs.

In re WHITTEN. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) In the matter of the application of Paul

4, 1907.) Action by Jesse L. Williams against the Riccadonna Hotel Company. No opinion. Judgment of the Municipal Court affirmed, with costs.

WILSON, Respondent, v. ELECTRO DYNAMIC CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Fremont Wilson against the Electro Dynamic Company. No opinion. Order affirmed, with $10 costs and disbursements.

WILSON, Respondent, v. UTICA GAS & ELECTRIC CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. Octo ber 16, 1907.) Action by John Wilson against the Utica Gas & Electric Company. No opin

ion. Application granted.

WILD et al., Respondents, v. VREDENBURG & CO., Appellants. (Supreme Court, Appellate Division, Fourth Department. November 20, 1907.) Action by Bertha Wild and another against Vredenburg & Co. No opinion. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs to abide event.

WILHELM v. FULLER & WARREN CO. (Supreme Court, Appellate Division. Third Department. September 26. 1907.) Action by

Walter Wilhelm against the Fuller & Warren Company. No opinion. Motion denied.

Appellant. (Supreme Court, Appellate DiviWILLARD, Respondent, v. FERGUSON, sion, First Department. November 22, 1907.) Action by Eugene S. Willard against John W. Worden, for respondent. No opinion. Order Ferguson. J. N. Blair, for appellant. G. G. affirmed, with $10 costs and disbursements.

Order filed.

WILLIAM P. RAE CO., Respondent, v. KANE et al., Appellants. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by the William P. Rae Company against Peter F. Kane, and others. No opinion. Appeal dismissed, without costs, the judgment having been reversed herewith, and new trial granted. See 106 N. Y. Supp. 47.

WILLIAMS, Appellant, v. FIRST NAT. BANK OF UTICA, N. Y., Respondent. (Supreme Court, Appellate Division, Fourth Department. October 16, 1907.) Action by William P. Williams against the First National

Bank of Utica, N. Y.

PER CURIAM. Judgment affirmed, with costs, upon opinion in same case reported at 118 App. Div. 555, 102 N. Y. Supp. 1031.

SPRING, J., dissents, upon the grounds stated in the dissenting opinion in same case.

WILLIAMS, Respondent, v. RICCADONNA HOTEL CO., Appellant. (Supreme Court, Ap

Ae

WINANT, Respondent, v. ATLANTIC GULF & PACIFIC COAST CO., et al., Ap pellants. (Supreme Court, Appellate Division. Second Department. October 18, 1907.) tion by William A. Winant against the Atlantic Gulf & Pacific Coast Company and another. No opinion. Order affirmed, with $10 costs and disbursements.

WINOGRAD v. EPSTEIN. (Supreme Court, Appellate Division, Second Department. Octo ber 11, 1907.) Action by Joseph Winograd against Samuel Epstein. No opinion. tion to resettle order granted, without costs.

Mo

WIXTED, Respondent, v. NASSAU ELECTRIC R. CO., Appellant. (Action No. 6.) (Supreme Court, Appellate Division, Second De

partment. October 4, 1907.) Action by Thomas Wixted against the Nassau Electric Railroad Company. No opinion. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the authority of Barnett v. Brooklyn Heights R. Co., 53 App. Div. 432, 65 N. Y. Supp. 1068, and People v. Brooklyn Heights R. Co., 187 N. Y. 48. 79 Ν. Ε. 838.

ABANDONMENT.

Of bastard child, see "Bastards," § 2.

ABATEMENT.

Of nuisance, see "Nuisance," § 1.

ABATEMENT AND REVIVAL.

Election of remedy, see "Election of Remedies."
Judgment as bar to another action, see "Judg-
ment," § 4.

Right of action by or against personal repre-
sentative, see "Executors and Administra-
tors," § 5.

§1. Another action pending.

*Assignee of a mortgage, the validity of which
was involved in two actions then pending, held
not entitled to maintain an action to fore-
close the same, but that it should be left to its
remedy in the actions then pending against its
assignor. City Real Estate Co. v. MacFarland
(Sup.) 333, 335.

ABUTTING OWNERS.

Assessments for expenses of public improve-
ments, see "Municipal Corporations," § 4.
Compensation for taking of or injury to lands
or easements for public use, see "Eminent
Domain," § 1.

Rights in streets in cities, see "Municipal Cor-
porations," § 6.

ACCEPTANCE.

By landlord of surrender of possession of de-
mised premises, see "Landlord and Tenant,"

§ 4.

Of dedication, see "Dedication," § 1.

ACCIDENT.

Computation of limitations in action for ac-
counting by executor, see "Limitation of Ac-
tions," § 1.

Examination of parties in action for account-
ing, see "Discovery," § 1.

Accounting by particular classes of persons.
See "Executors and Administrators," §§ 5, 6;
"Receivers," § 4.

Partners, see "Partnership," § 2.
Trustee, see "Trusts," § 3.

§1. Proceedings and relief.

Plaintiff, after filing a complaint showing
that he is entitled to an accounting, may obtain
an interlocutory judgment that defendant file
an account.-Pierce v. McLaughlin Real Estate
Co. (Sup.) 28.

ACTION.

§ 1.

ACCORD AND SATISFACTION.

See "Compromise and Settlement"; "Payment."

ACCOUNT.

Breach of contract for transportation and delivery of shipment, see "Carriers," § 2. Breach of liquor tax certificate bond, see "Intoxicating Liquors," § 2.

Breach of warranty, see "Sales," § 4. Compensation of broker, see "Brokers," § 3. Death of animal caused by operation of rail

road, see "Railroads,"

$5.

Death of passenger, see "Carriers," § 3. Death of servant, see "Master and Servant," §§ 10, 11.

Infringement of trade-mark or trade-name, see "Trade-Marks and Trade-Names," § 3. Injuries from overflow, see "Waters and Water Courses," § 2.

Loss of passenger's effects, see "Carriers," § 3. Necessaries furnished wife, see "Husband and Wife," § 2.

Negligent construction of railroad culvert, see "Railroads," § 4.

Personal injuries, see "Carriers," § 3; "Master and Servant," §§ 8-11; "Municipal Corporations," § 7; "Railroads," § 5; "Street Railroads," § 2.

Price of goods, see "Sales," § 3.
Price of land, see "Vendor and Purchaser," § 5.
Receiver's bond, see "Receivers," § 5.

Recovery of deposit on purchase price of land,
see "Vendor and Purchaser," § 4.
Recovery of price paid for land, see "Vendor
and Purchaser," § 6.
Services, see "Master and Servant," § 1;
"Work and Labor."

Unfair competition in trade, see "Trade-Marks and Trade-Names," § 3.

dicial Sales"; "Jury"; "Limitation of Ac tions"; "Motions"; "Parties"; "Pleading' "Process"; "Reference"; "Trial"; "Venue."

Bill of particulars, see "Pleading," § 7.
Default, see "Judgment," § 1.
Nonsuit, see "Trial," § 4.

Verdict, see "Trial," § 5.

Particular remedies in or incident to actions. See "Arrest," § 1; "Bail," § 1; "Deposits in Court"; "Discovery"; "Injunction"; "Receivers"; "Tender."

Appointment of receiver for corporation, see "Corporations," § 6.

Notice of pendency of actions, see "Lis Pendens."

Stay of proceedings, see "Appeal," § 5.

Proceedings in exercise of special or limited

jurisdictions.

Courts of limited jurisdiction in general, see "Courts," § 3.

Criminal prosecutions, see "Criminal Law."

Review of proceedings.

*Where substantial damage is alleged and judgment demanded therefor, such damage is not incidental to the equitable cause of action for an injunction also alleged.-Duclos v. Kelley (Sup.) 1058.

*A cause of action for trespass and an equitable cause of action for injunction to prevent further trespass may be joined. -Duclos v. Kel

Particular forms of action.

See "Ejectment"; "Replevin"; "Trespass," § 2.

ACTION ON THE CASE.

§ 4.

Particular forms of special relief.

See "Account"; "Creditors' Suit"; "Divorce”; "Injunction"; "Partition," § 1; "Quieting Title"; "Specific Performance."

Abatement of nuisance, see "Nuisance," § 1.
Alimony, see "Divorce," § 2.

Annulment of marriage, see "Marriage."
Compelling transfer of licenses after dissolution

of corporation, see "Corporations," § 8.

ADEQUATE REMEDY AT LAW.

Effect on jurisdiction of equity, see "Injunction," § 1.

Effect on jurisdiction of equity to restrain unlawful combination, see "Monopolies," § 1.

ADJOINING LANDOWNERS.

erty, see "Quieting Title."

Enforcement or foreclosure of lien, see "Me

chanics' Liens," § 3. Establishment of will, see "Wills," § 4. Foreclosure of mortgage, see "Building and Loan Associations"; "Mortgages," § 3. Recovery of mortgaged property, see "Chattel Mortgages," § 2.

Removal of cloud on title, see "Quieting Title." Setting aside will, see "Wills," § 4.

Particular proceedings in actions. See "Continuance"; "Costs"; "Damages"; "Depositions"; "Dismissal and Nonsuit"; "Evidence"; "Execution"; "Judgment"; "Ju

ADJUDICATION.

Of courts in general, see "Courts," § 2. Operation and effect of former adjudication, see "Judgment," §§ 4, 5.

ADMINISTRATION.

Of estate assigned for benefit of creditors, see "Assignments for Benefit of Creditors,"§ 1. Of estate of decedent, see "Executors and Administrators."