« PreviousContinue »
§ 5. Concurrent and conflicting juris-18 . Venue.
*Where defendant objected to the jurisdiction
years previous to the finding of the indictment
V. Gibson (Sup.) 590.
§ 3. Former jeopardy.
*Where a jury impaneled and sworn to try
accused was discharged because of failure to
file a certified copy of an order for change of
ardy precluding a subsequent trial, under Code
Cr. Proc. $ 430.-People v. Neff (Sup.) 747.
8 4. Evidence.
*In a trial for intoxication in a public place,
complaining witness outside defendant's pres-
ence are inadmissible against defendant.-Peo-
ple v. Soloman (Co. Ct.) 1110.
8 5. Motions for new trial and in ar-
*A motion for new trial under Code Cr. Proc.
§ 465 (7), will be denied when attacked on the
ground of newly discovered cumulative evidence,
*A new trial will not be granted in order to
discredit a witness whose motives are unim-
*Motion for new trial for newly discovered
evidence denied for want of diligence.-People
Code Cr. Proc. 8 490a, providing that, where
court may pronounce judgment at any time
thereafter within the longest period for which
the defendant might have been sentenced, was
amending Code Cr. Proc. $ 11a, relating to pro-
hibition officers.-People v. Flynn (Sup.) 925.
Court held authorized to revoke suspension of
sentence and inflict punishment.--People v.
Flynn (Sup.) 925.
Power of suspending sentence after conviction
held resident in the Court of General Sessions
as an inherent right.-People v. Flynn (Sup.)
partly executed for the purpose of imposing a
*Point annotated. See syllabus.
and 140 New York State Reporter § 7. Appeal and error, and certiorari. § 2. Grounds and subjects of comper*Accused held not entitled to a reversal of a
satory damages. conviction because the prosecution was barred *Prospective damages lost held a proper eleby limitations, where such ground of objection ment of damages for refusal of a city to exe was not specifically raised at the trial.-People cute a contract for work properly awarded to v. Blake (Sup.) 319.
the lowest bidder.-Beckwith v. City of New
York (Sup.) 175. *Under a rule stated and Code Cr. Proc. $$ 756, 763, held an appeal from a conviction must *Interest on prospective profits lost, damages be dismissed for an insufficient record. - People for refusal to execute a contract for work, held v. Soloman (Co. Ct.) 1110.
not recoverable; such profits not having been
ascertainable by_mere computation.-Beckwith Application for leave to appeal from convic v. City of New York (Sup.) 175. tion before magistrate returned for the purpose of striking out unjust or unreasonable attacks & 3. Liquidated damages and penalties. on trial magistrate. People v. Harris (Gen.
*In determining whether a stipulation in a Sess.) 1035.
contract for the payment of a specified sum in
case of a breach provides for liquidated damages CROPS.
or for a penalty, the intention of the parties, a s
certained from the language of the contract Rights as to crops on demised premises, see and the surrounding circumstances, must be "Landlord and Tenant,” $ 1.
considered.-Perley v. Schubert (Sup.) 593.
§ 4. Measure of damages. CROSS-EXAMINATION.
Statement of items to be deducted in arriving at prospective profits lost, to be awarded as
damages for refusal to execute a contract.See “Witnesses," $ 2.
Beckwith v. City of New York (Sup.) 173.
*Measure of damages of permanent and temCROSSINGS.
porary injury to real estate defined.-Cooper v.
New York, L. & W. Ry. Co. (Sup.) 611 ; Same Railroad crossings, see "Railroads," 8 4.
v. Delaware, L. & W. R. Co., Id.
§ 5. Inadequate and excessive damages. CUSTODY.
*In an action for personal injuries, a verdict
of $3,375 held not excessive.--Sparks v. City of Of illegitimate child, see “Bastards," $ 2.
North Tonawanda (Sup.) 44.
*A verdict for $35,000 for the loss of a leg DAMAGES.
by a 16 year old girl, held excessive.- Neakes r.
New York Cent. & H. R. R. Co. (Sup.) 522. Amendment of pleading in action for damages, $ 6. Pleading, evidence, and assessment. see "Pleading," $ 5.
*In an action for personal injuries, evidence Compensation for property taken for public use, relating to the amount of damages held inadsee "Eminent Domain," $ 1.
missible under the pleadings.-Hart v. MetroDamages for particular injuries.
politan St. Ry. Co. (Sup.) 494.
Liability of state for injuries caused by operaBreach of warranty, see “Sales," $ 4.
tion of, see “States," § 1. Overflow, see “Waters and Water Courses," $ 2.
DEAD BODIES. § 1. Nominal damages.
A provision in a license for the use of a pat- Contract with county for removal of, see "Counented machine that defendant should use no other machine during the life of plaintiff's pat
ties," § 2. ents held a covenant, and not a condition prece. dent, so that plaintiff could only recover nom
DEATH. inal damages for the breach, in the absence of proof of actual damage.- Warth v. Greif (Sup.) Harmless error in rulings in action for, see "Ap163.
peal," $ 8.
Liability for death caused by negligence in gen*In an action for breach of contract to furnish eral, see “Negligence," $ 1. money to pay for boring an oil well, plaintiff's Liability for death of passenger, see “Carriers," damage held to be the excess of the agreed $ 3. cost of boring the well over the value of the Liability of master for death of servant, see stock which was to be transferred in consid *Master and Servant," $8 10. 11. eration of such payment, and there being, no Negligence causing death as questions for jury, evidence of the value of the stock, only nominal see "Negligence," $ 3. damages could be given.--Pardee v. Douglas Separate causes of action in pleading in action (Sup.) 775.
for, see "Pleading," $ 2. *Point annotated. See syllabus.
§ 1. Actions for causing death.
Judgment by, see "Judgment," $ 1.
Affecting right to specific performance of con-
tract, see "Specific Performance," $ 1.
As grounds for refusal of mandamus, see "Man-
damus," $ 2.
gages,” $ 3.
Of goods by carriers, see “Carriers," $ 2.
Of goods sold, see “Sales," $ 1.
Of mortgage, see “Chattel Mortgages," $ 3.
As condition precedent to action for price of
land, see "Vendor and Purchaser,” 8 6.
In pleading, see "Pleading," 4.
*To constitute a dedication of private property In pleading, see “Pleading,” $ 3.
See "Deposits in Court."
Motion to vacate order settling interrogatories
to be annexed to commission as affected by
other remedies, see "Motions."
*Under the express provisions of Code Civ.
Proc. $ 887, the examination of any party to
an action may be bad by commission.-Gilroy
v. Interborough-Metropolitan Co. (Sup.) 171.
*Though part of the testimony taken by depo.
sition is inadmissible, the unobjectionable por-
was necessary as expressly provided by Code
*Point annotated. See syllabus.
and 140 New York State Reporter oral questions as counsel for plaintiffs and de
DIRECTING VERDICT. fendant may think proper is unauthorized.-Stuart v. Spofford (Sup.) 903.
In civil actions, see “Trial,” $ 4. Where a deposition is to be taken out of the state, the justice under whom the interrogatories are settled has no power, under Code Civ.
DISBARMENT. Proc. 88 887-892, inclusive, to pass upon objections to the interrogatories.-J. J. Spurr & Sons Of attorney, see "Attorney and Client," $ 1. v. Empire State Surety Co. (Sup.) 1009.
From service as juror, see "Jury." $ 2.
lease, see “Landlord and Tenant," $ 4. In bank, see "Banks and Banking," $ 1.
From indebtedness, obligation, or liability. On purchase price of land, see "Vendor and See "Bankruptcy," $ 4; “Compromise and SetPurchaser," $ 4.
tlement"; "Execution," $ 2; "Judgment,*
7; "Mechanics' Liens," $ 2. DEPOSITS IN COURT.
Liability as surety, see “Principal and Surety,"
8 1. Where plaintiffs were directed to deposit in
DISCOVERY. court a specified sum with interest from a certain date, it was error for the court, after ad-Contempt by party in refusing to appear for judging plaintiffs guilty of contempt, to author
examination, see “Contempt," § 1. ize them to purge themselves by making the deposit of the sum directed with interest at 214 $ 1. Under statutory provisions, per cent.-Lawrence v. Binninger (Sup.) 500. *No examination of defendant in an action
for an accounting is necessary to enable plain
tiff to frame a complaint.-Pierce v. McLanghe DESCENT AND DISTRIBUTION. lin Real Estate Co. (Sup.) 28. See "Executors and Administrators" : "Wills."
*An order for the examination of plaintiff
will be set aside where it appears that plaintiff Inheritance and transfer taxes, see “Taxation,”
| is a resident of Scotland, and is not at the § 5.
time, within this country.-Gilroy y. Interbor Property and interests undisposed of by will, see "Wills," $ 6.
ough-Metropolitan Co. (šup.) 171.
*Ordinarily defendant in a negligence action § 1. Persons entitled and their respec
may not examine plaintiff before trial as to tive shares.
the general issues in the action.-Wood v. Flagg *Under Real Property Law, Laws 1896, p. 619, c. 547, § 285, intestate's mother held to
(Sup.) 308. inherit only a life estate with remainder to
*In connection with a physical examination of the other heirs.-Tucker v. Tucker (Sup.) 713. plaintiff before trial, defendant may examine
him under oath as to the character and extent DESCRIPTION.
of his injuries.-Wood v. Flagg (Sup.) 308.
*Papers on which an order for the examinaOf devisees or legatees in will, see "Wills." & 5. tion of plaintiff before trial was obtained not Of property conveyed, see "Boundaries," $ 1. complying with general rules of practice, rule Of property demised, see "Landlord and Ten
| 25, the order held properly vacated.-Mitchell ant," $ 3.
v. Greene (Sup.) 449. of property devised or bequeathed, see "Wills,” *An order for the examination of an in8 5.
dividual defendant before trial cannot properly of property mortgaged, see "Mortgages," $ 2. | require him to produce books and papers for in
spection.-Coin Novelty Co. v. Lindenborn (Sup.) DETINUE.
An order of the court fixing a new date for See "Replevin."
an examination of a party as a witness before
trial held not in effect an adjournment in vioDEVISES.
lation of Code Civ. Proc. $ 876, vesting author
ity to adjourn the examination in the judge See “Wills.”
or referee before whom held.-Grant v. Greene
(Sup.) 535. DILIGENCE.
Though Code Civ. Proc. $ 873, requiring a
judge to order an examination of a party as a In procuring evidence as affecting right to new witness, does not authorize a court to make such trial, see "Criminal Law," $ 5.
I order, yet where the examination could not be Of party asking relief, see "Specific Perform- had at the time originally prescribed, owing to ance," $ 1.
| a stay, the court, on vacation of the stay, held *Point annotated. See syllabus.
to have power to fix a new date.-Grant v. action, and not on the merits.-Keuthen v. Stache
tice.-Crisenza v. Auchmuty (Sup.) 335.
Of corporation, see "Corporations," § 8.
*Statement of what a plaintiff must show to Of proceeds of foreclosure, see “Mortgages,”
False statement as to institution of divorce ac-
Findings of referee on the issues referred to
him held to entitle plaintiff to a decree for di-
to be tried by a jury was improperly denied.-
*In an action for divorce for adultery, evi-
dence held insufficient to sustain a decree for
plaintiff.-Keville v. Keville (Sup.) 993.
On application to discontinue an action for
divorce after interlocutory judgment for divorce
continued to give time for filing affidavits, etc.
The effect of a certain stipulation in lieu
of alimony held not to give a defendant offending
party the right to entry of absolute judgment
complaining party, though the proper time had
elapsed after interlocutory judgment.-Adams
v. Adams (Sup.) 1064.
Under Code Civ. Proc. $ 1774, held, that an
tered on the application of the offending party
ing party, though the proper time had elapsed
after interlocutory judgment.-Adams v. Adams
Where plaintiff suffered a dismissal because for divorce, and before entry of absolute judg-
*Point annotated. See syllabus.