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Agricultural law relating to sale of milk and
misbranded articles of food, see "Food."
Suspension of power of alienation of property,
ALTERATION OF INSTRUMENTS.
ing," $ 1
In particular remedies or special jurisdictions.
See “Parties," $ 2.
Of particular acts, instruments, or proceedings.
See “Pleading," 8 5; “Process," 8 2.
Judgment of municipal court, see “Courts," $ 3.
Death of animal caused by operation of railroad,
see "Railroads," 8 5.
Creation by will, see “Wills," $ 6.
Of marriage, see “Marriage."
Of will, see "Wills," $ 4.
covery,” $ 1.
See "Certiorari"; "New Trial.”
Review in criminal prosecutions, see "Criminal
Law," 8 7.
Review in proceedings for assessment of taxes,
see "Taxation," 8 2.
Review of proceedings of justices of the peace,
see "Justices of the Peace," $ 2.
trator, see “Executors and Administrators,”
8 1. Nature and grounds of appellate
Where the record on appeal failed to show
that appellant had a bona fide grievance the
and 140 New York State Reporter order appealed from would be affirmed.—Hollis An appeal will not be dismissed because the v. Brooklyn Heights R. Co. (Sup.) 197. order appealed from was amended after Do § 2. Decisions reviewable.
tice of appeal where the party is informed of the
order to be reviewed.-Kelly v. New York City *An interlocutory judgment is appealable un- Ry. Co. (Sup.) 894. der the express terms of Code Civ. Proc. 8 1349. -Saal v. South Brooklyn Ry. Co. (Sup.) 996. 8 8. Review. *A decision in an action to enjoin the main is entitled to the most favorable inferences from
*A party against whom a verdict was directed tenance of an ash-receiving station held a judg: the evidence, and all contested facts must be ment, and hence appealable.-Saal v. South treated as established in his favor.-Strong v. Brooklyn Ry. Co. (Sup.) 996.
Rutland R. Co. (Sup.) 85. $ 3. Right of review. A county treasurer held not entitled to ap- all contested facts must be treated as estaba
Where a verdict was directed for defendants, peal from an allowance for counsel fees for de- lisbed in plaintiff's favor on appeal.-Bosoian 7. 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.
*In an action against a street railway comSimpson (Sup.) 45.
pany for injuries to a passenger the exclusion
of certain evidence held not prejudicial.-Ran4. Presentation and reservation, in dazzo v. Brooklyn Heights R. Co. (Sup.) 193.
lower court of grounds of review. Where, in a suit on an insurance policy, de
In an action on a contract defendants held fendant did not plead a breach of the provision estopped to complain of the admission of evirelating to prior insurance which was necessary dence tending to show the real contract.-Colto raise that issue, but the plaintiff introduced lins v. Carlin (Sup.) 233. and insisted on litigating the question, he must *A verdict based on conflicting evidence will abide by the result.-Romano v. Concordia Fire not be disturbed in the absence of legal error. Ins. Co. (Sup.) 63.
-Collins v. Carlin (Sup.) 235. *An instruction may not be complained of on *On appeal from a judgment dismissing the appeal where it was not excepted to, and no complaint before plaintiff rested, all reasonable point was made of it on the motion for new inferences are to be drawn from the evidence in trial, or on the argument or in the brief.-Smith his favor.-Stallo v. Humphreys (Sup.) 436. v. New York Anti-Saloon League (Sup.) 251.
*Where on prior appeals to the Appellate An objection to testimony, in part pertain- Division and Court of Appeals the validity of ing to a bill rendered, as irrelevant and im- claimant's wharf rights, sought to be condemned material, does not save the objection that the by a city, was necessarily considered, the de bill itself was the best evidence.-Place v. cisions on such issue constituted the law of Place (Sup.) 781.
the case, though the opinion of neither court $ 5. Supersedeas or stay of proceedings. discussed the question. In re Water Front of
*An undertaking to stay a sale on foreclosure City of New York (Sup.) 503. pending an appeal from an order denying a mo *Where parties in an action had a right to tion to compel the bringing in of persons named trial by jury, the court had power to refer the
defendants in the foreclosure suit held issue to a referee, but decided that a trial was binding. notwithstanding Code Civ. Proc. $S practicable, and denied the motion for ref1335, 1351, relating to undertakings on appeal. erence, its judgment will not be reversed.--Knickerbocker Trust Co. v. Holdridge (Sup.) Canavan Bros. Co. v, Automobile Club of 587.
America (Sup.) 572. $ 6. Record and proceedings not in rec In an action for injury to real estate, the ord.
question of the excessiveness of the damages *In settling a case on appeal, a certain amend- awarded by the referee held reviewable.-Cooper ment relating to the presence of defendant in v. New York, L. & W. Ry. Co. (Sup.) 611; the courtroom in a maimed condition without in- Same v. Delaware, L. & W. R. Co., Id. tending to testify held permissible.-Davidson v. New York City Ry, Co. (Sup.) 1044.
*The verdict of a properly instructed jury
will not be set aside as contrary to the evi* Matters which should be included or exclud-dence unless it appears that they were actuated from a case on appeal determined with re ed by favor, prejudice, or passion.-Briggs v. gard to the questions involved.-Davidson v. New Gelm (Sup.) 693. York City Řy. Co. (Sup.) 1044.
*Defendants, more than 11 years after rer 8 7. Dismissal, withdrawal, aban- dict against them, and after the denial of a donment.
motion for a new trial, held not entitled to a *An appeal from an order suspending a judg- reversal on appeal on the ground that the ver ment, not having been argued until after the dict was contrary to the evidence.-Briggs F. expiration of the period of suspension, will be Gelm (Sup.) 693. dismissed, since no practical result could be * Evidence in an action for death of a sers. reached by its determination.-- McCarty v. Nat- ant held prejudicial.-Kupfersmith y. Isaac A. ural Carbonic Gas Co. (Sup.) 811.
Hopper & Son (Sup.) 797. * Point annotated. See syllabus.
*Though the case for appointment of a re- 1 8 10. Liabilities on bonds and under-
Evidence held competent to show fraud of
the parties to an action, in allowing judg-
and Servant," $83, 6.
Persons," § 2.
Of executor or administrator, see “Executors
Of receiver, see "Receivers," § 1.
Where the refusal of the surrogate to find ARGUMENT OF COUNSEL.
Ilegal arrest, see "Malicious Prosecution," $ 1.
§ 1. In civil actions.
Striking from an order on appeal a clause
Of expenses of public improvements, see "High-
ways," § 2; "Municipal Corporations," $8
and 140 New York State Reporter Pendency of other action as ground for abate
ATTENDANCE. ment of action by assignee of mortgage, see “Abatement and Revival," § 1.
Of juror, see “Jury," $ 2. § 1. Requisites and validity.
*A contract for the painting, decorating, and whitewashing of a building is assignable, since
ATTORNEY AND CLIENT. it does not involve a personal confidential relation or exceptional personal skill or knowl- Argument and conduct of counsel at trial in edge.-- Janvey v. Loketz (Sup.) 690.
civil actions, see "Trial," $ 3.
Attorneys as public officers, see "Attorney Gen§ 2. Actions.
eral.” Evidence held not to warrant a nonsuit on the Attorneys in fact, see “Principal and Agent." ground that defendant did not know of or con Bill of particulars in action by attorney for sent to an assignment to plaintiff of a con services, see "Pleading," $ 7. tract to decorate defendant's building.-Jan- Employment of attorney by forest commissionvey v. Loketz (Sup.) 690.
er, see "Woods and Forests."
Employment of counsel by temporary adminisASSIGNMENTS FOR BENEFIT OF
trator, see "Executors and Administrators,"
$ 2. CREDITORS.
Fees of attorney for executor or administrator,
see "Executors and Administrators,” $ 6. See "Bankruptcy," $ 2.
Misconduct of counsel ground for new trial, see
"New Trial," 8 1. Purchase by attorneys at sale by trustee for Presumption as to undue influence by attorney
creditors, see "Attorney and Client,” $ 3. named as executor in will, see “Wills," $ 3. $ 1. Administration of assigned estate. | $ 1. The office of attorney. The debtor who made an assignment for cred
*Certain fact held not to save attorney from itor held not chargeable with notice that the attorneys who conducted the sale for the trustee disbarment for practicing fraud and deceit in purchased through another, because of the re
procuring admission to practice law.-In re cording after the sale of the deed, of their agree
Pritchett (Sup.) 847. ment with the purchaser.-Bush v. Halsted *Attorney held to have secured admission to (Sup.) 133.
practice law by fraud and deceit, within Code Statement of method of attacking sale of a
Civ. Proc. $ 67.-In re Pritchett (Sup.) 817. trustee for creditors because the attorneys who When on appeal the attorney is the real party conducted it bought through another.-Bush v. interested, he will be required to pay the costs Halsted (Sup.) 133.
an adverse decision.-Kelly V. New York Invalidity of the sale by a trustee for credit- City Ry. Co. (Sup.) 894. ors, because the attorneys who conducted it pur *Under Code Civ. Proc. $ 67, an attorney chased through another, may be asserted by the held guilty of misconduct warranting suspension. debtor, who provided in his assignment for re --In re Randall (Sup.) 943. turn to him of any surplus (Laws 1875, p. 618, C. 545).-Bush v. Halsted (Sup.) 133.
*Suspension of an attorney for two years for misconduct imposed for a second offense.
In re Randall (Sup.) 943.
$ 2. Retainer and authority. See “Building and Loan Associations”; “Ex- thority of an infant, and no guardian ad litem
Where a case is commenced without the anchanges”; “Trade Unions." Lloyds association, see “Insurance," $ 5.
appointed, her motion to dismiss should be Mutual benefit insurance associations, see “In- ord.-Herman v. New York City Ry. Co. (Sup.)
granted, though opposed by the attorney of ree surance," $ 6.
896. ASSUMPSIT, ACTION OF.
§ 3. Duties and liabilities of attorney
*A sale by a trustee for creditors held inSee “Money Paid”; “Money Received"; "Work valid ; his attorneys who conducted it becoming and Labor."
purchasers through another.-Bush v. Halsted
(Sup.) 133. ASSUMPTION.
*Code Civ. Proc, 88 2268, 2269, held not to of risk by employé, see “Master and Servant,” amount alleged to be withheld from his client
authorize order fining an attorney the 886, 9, 11.
and costs and adjudging him in contempt until ATTACHMENT.
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 See "Execution."
money before any proceeding could be had Jurisdiction of municipal court, see "Courts," against him for contempt.-In re Gardner (Sup.) $ 3.
§ 4. Compensation and lien of attor-
See “Assignments for Benefit of Creditors."
$ 1. Petition, adjudication, warrant,
and custody of property.
Under Bankr. Act July 1, 1898, c. 541, SS
torney general to dissolve corporations pend- pp. 3425, 3444], no proper notice of bankruptcy
*It is within the power of the Legislature $ 2. Assignment, administration, and
distribution of bankrupt's estate.
any lien of a creditor held waived by proof and
allowance of his claim without disclosure of the
lien.-Dunn Salmon Co. v. Pillmore (Sup.) 88.
Any lien acquired by creditor of bankrupt
commencing action within four months of the
adjudication of bankruptcy against one holding
a chattel mortgage from the bankrupt, void as
to creditors because not filed, being void under
Bankr. Act July 1, 1898, c. 541, 8 67f, 30 Stat.
564 (U. S. Comp. St. 1901, p. 3450], held the
creditor could not pursue the action, but any
right of action passed to the trustee in bank-
ruptcy under sections 67b, 70e, 30 Stat. 564,
Dunn Salmon Co. v. Pillmore (Sup.) 88.
§ 3. Composition.
An answer pleading a composition in bank-
ruptcy under Bankr. Act July 1, 1898, c. 541,
$ 14, 30 Stat. 550 (U. S. Comp. St. 1901, p.
where it is not perfectly clear from the plead-
ings that the indebtedness sued upon was not
discharged by the composition.--Consolidated
Rubber Tire Co. v. Vehicle Equipment Co.
A composition in bankruptcy may be pleaded
in bar of an action upon a debt discharged, and
in order to be available as a defense it must
be so pleaded.-Consolidated Rubber Tire Co. v.
Vehicle Equipment Co. (Sup.) 599.
4. Rights, remedies, and discharge of
*Though a bankrupt complied with Code
Civ. Proc. $ 1208, authorizing a bankrupt to
On application, under the express provisions
to another against whom the judgments