A milk dealer held guilty of selling adulterat- See "Divorce," §§ 1, 2. 660, 661, c. 338, §§ 20, 22.-People v. Under Agricultural Law, Laws 1893, p. 666, ALTERATION OF INSTRUMENTS. Alteration of bank check, see "Banks and Bank- AMENDMENT. In particular remedies or special jurisdictions. Of particular acts, instruments, or proceedings. ANIMALS. Death of animal caused by operation of railroad, ANNUITIES. Creation by will, see "Wills," § 6. ANNULMENT. Of marriage, see "Marriage." ANSWER. In pleading, see "Pleading," § 3. APPEAL. See "Certiorari"; "New Trial." Review in criminal prosecutions, see "Criminal Review in proceedings for assessment of taxes, Review of proceedings of justices of the peace, Review on accounting by executor or adminis- § 1. Nature and grounds of appellate Where the record on appeal failed to show *Point annotated. See syllabus. and 140 New York State Reporter order appealed from would be affirmed.-Hollis *An interlocutory judgment is appealable under the express terms of Code Civ. Proc. § 1349. -Saal v. South Brooklyn Ry. Co. (Sup.) 996. *A decision in an action to enjoin the maintenance of an ash-receiving station held a judgment, and hence appealable.-Saal v. South Brooklyn Ry. Co. (Sup.) 996. § 3. Right of review. An appeal will not be dismissed because the order appealed from was amended after notice of appeal where the party is informed of the order to be reviewed.-Kelly v. New York City Ry. Co. (Sup.) 894. § 8. Review. *A party against whom a verdict was directed is entitled to the most favorable inferences from the evidence, and all contested facts must be treated as established in his favor.-Strong v. Rutland R. Co. (Sup.) 85. A county treasurer held not entitled to ap- all contested facts must be treated as estab Where a verdict was directed for defendants, peal from an allowance for counsel fees for de-lished in plaintiff's favor on appeal.-Bosoian v. fending one charged with crime, payable under Hubbard (Sup.) 178. Code Crim. Proc. § 308, on the certificate of the justice presiding at the trial.-People v. Simpson (Sup.) 45. § 4. Presentation and reservation in lower court of grounds of review. Where, in a suit on an insurance policy, defendant did not plead a breach of the provision relating to prior insurance which was necessary to raise that issue, but the plaintiff introduced and insisted on litigating the question, he must abide by the result.-Romano v. Concordia Fire Ins. Co. (Sup.) 63. *An instruction may not be complained of on appeal where it was not excepted to, and no point was made of it on the motion for new trial, or on the argument or in the brief.-Smith v. New York Anti-Saloon League (Sup.) 251. An objection to testimony, in part pertaining to a bill rendered, as irrelevant and immaterial, does not save the objection that the bill itself was the best evidence.-Place v. Place (Sup.) 781. § 5. Supersedeas or stay of proceedings. *An undertaking to stay a sale on foreclosure pending an appeal from an order denying a motion to compel the bringing in of persons named as defendants in the foreclosure suit held binding, notwithstanding Code Civ. Proc. $$ 1335, 1351, relating to undertakings on appeal. -Knickerbocker Trust Co. v. Holdridge (Sup.) 587. 6. Record and proceedings not in record. *In settling a case on appeal, a certain amendment relating to the presence of defendant in the courtroom in a maimed condition without intending to testify held permissible.-Davidson v. New York City Ry. Co. (Sup.) 1044. *Matters which should be included or excluded from a case on appeal determined with regard to the questions involved.-Davidson v. New York City Ry. Co. (Sup.) 1044. § 7. Dismissal, withdrawal, or aban donment. *An appeal from an order suspending a judgment, not having been argued until after the expiration of the period of suspension, will be dismissed, since no practical result could be reached by its determination.-McCarty v. Natural Carbonic Gas Co. (Sup.) 811. *In an action against a street railway company for injuries to a passenger the exclusion of certain evidence held not prejudicial.-Randazzo v. Brooklyn Heights R. Co. (Sup.) 193. In an action on a contract defendants held estopped to complain of the admission of evidence tending to show the real contract.-Collins v. Carlin (Sup.) 235. *A verdict based on conflicting evidence will not be disturbed in the absence of legal error. -Collins v. Carlin (Sup.) 235. *On appeal from a judgment dismissing the complaint before plaintiff rested, all reasonable inferences are to be drawn from the evidence in his favor.-Stallo v. Humphreys (Sup.) 456. *Where on prior appeals to the Appellate Division and Court of Appeals the validity of claimant's wharf rights, sought to be condemned by a city, was necessarily considered, the decisions on such issue constituted the law of the case, though the opinion of neither court discussed the question. In re Water Front of City of New York (Sup.) 503. *Where parties in an action had a right to trial by jury, the court had power to refer the issue to a referee, but decided that a trial was practicable, and denied the motion for reference, its judgment will not be reversed.Canavan Bros. Co. v. Automobile Club of America (Sup.) 572. In an action for injury to real estate, the question of the excessiveness of the damages awarded by the referee held reviewable.-Cooper v. New York, L. & W. Ry. Co. (Sup.) 611; Same v. Delaware, L. & W. R. Co., Id, *The verdict of a properly instructed jury will not be set aside as contrary to the evidence unless it appears that they were actuated by favor, prejudice, or passion.-Briggs v. Gelm (Sup.) 693. *Defendants, more than 11 years after verdict against them, and after the denial of a motion for a new trial, held not entitled to a reversal on appeal on the ground that the verdict was contrary to the evidence.-Briggs v. Gelm (Sup.) 693. Evidence in an action for death of a servant held prejudicial.-Kupfersmith v. Isaac A. Hopper & Son (Sup.) 797. *Point annotated. See syllabus. takings. *Though the case for appointment of a re- | § 10. Liabilities on bonds and under- *The introduction of a contract not pleaded *In an action by the state commissioner of *Where a complaint is dismissed on plaintiff's 9. Determination and disposition of cause. Evidence held competent to show fraud of Evidence held competent to show fraud of APPLIANCES. Liability of employer for defects, see "Master APPOINTMENT. Of commissioners to establish highway, see Of committee of insane person, see "Insane Of executor or administrator, see "Executors ARBITRATION AND AWARD. See "Reference." Although the court, on appeal from the denial *Where the trial court found the amount to new *Under Code Civ. Proc. § 1323, the special Striking from an order on appeal a clause *Where the trial justice rendered judgment for *Where the verdict seems to have been given ARGUMENT OF COUNSEL. See "Bail." ARREST. Illegal arrest, see "Malicious Prosecution," § 1. *The affidavit for arrest in a civil case held ASSESSMENT. Of compensation for property taken for public Of expenses of public improvements, see "High- Of loss on insured, see "Insurance," § 6. ASSIGNMENTS. Assignee of judgment as person entitled to sup- Of security to person entitled to subrogation, *Point annotated. See syllabus. and 140 New York State Reporter Pendency of other action as ground for abatement of action by assignee of mortgage, see "Abatement and Revival," § 1. . § 1. Requisites and validity. *A contract for the painting, decorating, and whitewashing of a building is assignable, since it does not involve a personal confidential relation or exceptional personal skill or knowledge.-Janvey v. Loketz (Sup.) 690. § 2. Actions. Evidence held not to warrant a nonsuit on the ground that defendant did not know of or consent to an assignment to plaintiff of a contract to decorate defendant's building.-Janvey v. Loketz (Sup.) 690. ASSIGNMENTS FOR BENEFIT OF CREDITORS. See "Bankruptcy," § 2. Purchase by attorneys at sale by trustee for creditors, see "Attorney and Client," § 3. § 1. Administration of assigned estate. The debtor who made an assignment for creditor held not chargeable with notice that the attorneys who conducted the sale for the trustee purchased through another, because of the recording after the sale of the deed, of their agreement with the purchaser.-Bush v. Halsted (Sup.) 133. Statement of method of attacking sale of a trustee for creditors because the attorneys who conducted it bought through another.-Bush v. Halsted (Sup.) 133. Invalidity of the sale by a trustee for creditors, because the attorneys who conducted it purchased through another, may be asserted by the debtor, who provided in his assignment for return to him of any surplus (Laws 1875, p. 618, c. 545).-Bush v. Halsted (Sup.) 133. ASSOCIATIONS. ATTENDANCE. Of juror, see "Jury," § 2. ATTORNEY AND CLIENT. Argument and conduct of counsel at trial in civil actions, see "Trial," § 3. Attorneys as public officers, see "Attorney General." Attorneys in fact, see "Principal and Agent." Bill of particulars in action by attorney for services, see "Pleading," § 7. Employment of attorney by forest commissioner, see "Woods and Forests." Employment of counsel by temporary adminis trator, see "Executors and Administrators," § 2. Fees of attorney for executor or administrator, see "Executors and Administrators," § 6. Misconduct of counsel ground for new trial, see "New Trial," § 1. Presumption as to undue influence by attorney named as executor in will, see "Wills," § 3. 1. The office of attorney. disbarment for practicing fraud and deceit in *Certain fact held not to save attorney from procuring admission to practice law. In re Pritchett (Sup.) 847. *Attorney held to have secured admission to practice law by fraud and deceit, within Code Civ. Proc. § 67.-In re Pritchett (Sup.) 847. When on appeal the attorney is the real party interested, he will be required to pay the costs on an adverse decision.-Kelly v. New York City Ry. Co. (Sup.) 894. *Under Code Civ. Proc. § 67, an attorney held guilty of misconduct warranting suspension. -In re Randall (Sup.) 943. *Suspension of an attorney for two years for misconduct imposed for a second offense.In re Randall (Sup.) 943. § 2. Retainer and authority. Where a case is commenced without the au See "Building and Loan Associations"; "Ex- thority of an infant, and no guardian ad litem changes"; "Trade Unions." Lloyds association, see "Insurance," § 5. appointed, her motion to dismiss should be granted, though opposed by the attorney of rec 896. Mutual benefit insurance associations, see "In- ord.-Herman v. New York City Ry. Co. (Sup.) surance," § 6. ASSUMPSIT, ACTION OF. See "Money Paid"; "Money Received"; "Work and Labor." ASSUMPTION. § 3. Duties and liabilities of attorney to client. *A sale by a trustee for creditors held invalid; his attorneys who conducted it becoming purchasers through another.-Bush v. Halsted (Sup.) 133. *Code Civ. Proc. §§ 2268, 2269, held not to authorize an order fining an attorney the Of risk by employé, see "Master and Servant," amount alleged to be withheld from his client §§ 6, 9, 11. ATTACHMENT. See "Execution." and costs and adjudging him in contempt until the same was paid; the attorney being entitled to have first served on him a certified copy of an order directing him to pay a certain sum of money before any proceeding could be had Jurisdiction of municipal court, see "Courts," against him for contempt.-In re Gardner (Sup.) § 3. 417. *Point annotated. See syllabus. 4. Compensation and lien of attor- ney. BALLOTS. Parties have a right to settle and discontinue See "Elections," §§ 1-3. ATTORNEY GENERAL. Dissolution of corporation by, see "Corpora- Power of state court to restrain action by at- AUTHORITY. Of agent, see "Principal and Agent," § 1. Of master of vessel, see "Shipping," § 1. AUTOMOBILES. BANKRUPTCY. warrant, See "Assignments for Benefit of Creditors." 2. Assignment, administration, and Any lien acquired by a creditor of bankrupt Ordinances regulating speed of, see "Municipal 565 [U. S. Comp. St. 1901, pp. 3449. 3451].- BAGGAGE. Of passenger, see "Carriers," § 3. BAIL. § 1. In civil actions. Bail exonerated under Code Civ. Proc. & 601. BAILMENT. Particular species of bailments, and bailments Where the lessor made part of the repairs to Statement as to liability of lessee of a dredg- Dunn Salmon Co. v. Pillmore (Sup.) 88. 3. Composition. An answer pleading a composition in bank- A composition in bankruptcy may be pleaded § 4. Rights, remedies, and discharge of *Though a bankrupt complied with Code On application, under the express provisions |