5. Concurrent and conflicting juris- Where a New Jersey receiver of a New Jer- COVENANTS. In lease, see "Landlord and Tenant," §§ 1, 3. COVERTURE. See "Husband and Wife." CREDITORS. See "Assignments for Benefit of Creditors"; Rights as to chattel mortgage by debtor, see CREDITORS' SUIT. Answer pleading counterclaim and defense in *In an action by a judgment creditor to reach CRIMINAL LAW. § 1. Venue. *Where defendant objected to the jurisdiction § 2. Limitation of prosecutions. § 3. Former jeopardy. *Where a jury impaneled and sworn to try *In a trial for intoxication in a public place, § 5. Motions for new trial and in ar- *A motion for new trial under Code Cr. Proc. *A new trial will not be granted in order to *Motion for new trial for newly discovered § 6. Judgment, sentence, and final Code Cr. Proc. § 490a, providing that, where Construction of penal statutes, see "Statutes," not repealed by Laws 1905, p. 1666, c. 655, *Point annotated. See syllabus. and 140 New York State Reporter § 7. Appeal and error, and certiorari. *Under a rule stated and Code Cr. Proc. §§ 756, 763, held an appeal from a conviction must be dismissed for an insufficient record.-People v. Soloman (Co. Ct.) 1110. Application for leave to appeal from conviction before magistrate returned for the purpose of striking out unjust or unreasonable attacks on trial magistrate.-People v. Harris (Gen. Sess.) 1035. CROPS. Rights as to crops on demised premises, see "Landlord and Tenant," § 1. CROSS-EXAMINATION. See "Witnesses," § 2. CROSSINGS. Railroad crossings, see "Railroads," § 4. CUSTODY. Of illegitimate child, see "Bastards," § 2. DAMAGES. Amendment of pleading in action for damages, see "Pleading," § 5. Compensation for property taken for public use, see "Eminent Domain," § 1. Damages for particular injuries. Breach of contract of sale, see "Sales." § 4. Breach of warranty, see "Sales," § 4. § 1. Nominal damages. A provision in a license for the use of a patented machine that defendant should use no other machine during the life of plaintiff's patents held a covenant, and not a condition prece dent, so that plaintiff could only recover nominal damages for the breach, in the absence of proof of actual damage.-Warth v. Greif (Sup.) 163. *In an action for breach of contract to furnish money to pay for boring an oil well, plaintiff's damage held to be the excess of the agreed cost of boring the well over the value of the stock which was to be transferred in consideration of such payment, and there being no evidence of the value of the stock, only nominal damages could be given.-Pardee v. Douglas (Sup.) 775. § 2. Grounds and subjects of compensatory damages. *Prospective damages lost held a proper element of damages for refusal of a city to exe cute a contract for work properly awarded to the lowest bidder.-Beckwith v. City of New York (Sup.) 175. *Interest on prospective profits lost. damages for refusal to execute a contract for work, held not recoverable; such profits not having been ascertainable by mere computation.-Beckwith v. City of New York (Sup.) 175. 8 3. Liquidated damages and penalties. *In determining whether a stipulation in a contract for the payment of a specified sum in case of a breach provides for liquidated damages or for a penalty, the intention of the parties, ascertained from the language of the contract and the surrounding circumstances, must be considered.-Perley v. Schubert (Sup.) 593. § 4. Measure of damages. Statement of items to be deducted in arriving at prospective profits lost. to be awarded as damages for refusal to execute a contract.Beckwith v. City of New York (Sup.) 175. *Measure of damages of permanent and temporary injury to real estate defined.-Cooper v. New York, L. & W. Ry. Co. (Sup.) 611; Same v. Delaware, L. & W. R. Co., Id. 5. Inadequate and excessive damages. *In an action for personal injuries, a verdict of $3,375 held not excessive.-Sparks v. City of North Tonawanda (Sup.) 44. *A verdict for $35,000 for the loss of a leg by a 16 year old girl, held excessive.-Neakes v. New York Cent. & H. R. R. Co. (Sup.) 522. § 6. Pleading, evidence, and assessment. *In an action for personal injuries, evidence relating to the amount of damages held inadmissible under the pleadings.-Hart v. Metropolitan St. Ry. Co. (Sup.) 494. DAMS. Liability of state for injuries caused by operation of, see "States," § 1. DEAD BODIES. Contract with county for removal of, see "Counties," § 2. DEATH. Harmless error in rulings in action for, see "Ap- Liability for death caused by negligence in gen- Liability of master for death of servant, see Separate causes of action in pleading in action *Point annotated. See syllabus. § 1. Actions for causing death. INDEX. *Under Code Civ. Proc. § 1904, in an action DEFAMATION. for negligent death, a verdict for more than See "Libel and Slander." DEBTOR AND CREDITOR. See "Assignments for Benefit of Creditors"; DECEDENTS. DEFAULT. Judgment by, see "Judgment," § 1. DELAY. 1175 Affecting right to specific performance of con- Estates, see "Descent and Distribution": "Ex- In filing chattel mortgage, see "Chattel Mort- DECEIT. See "Fraud." DECLARATION. In pleading, see "Pleading," § 2. DECLARATIONS. As evidence in criminal prosecutions, see "Crim- DEDICATION. § 1. Nature and requisites. gages," § 3. DELIVERY. Of goods by carriers, see "Carriers," § 2. Of mortgage, see "Chattel Mortgages," § 3. DEMAND. As condition precedent to action for price of DEMURRER. In pleading, see "Pleading," § 4. DENIALS. *To constitute a dedication of private property In pleading, see "Pleading," § 3. *In an action to restrain a city from building DEEDS. Estoppel by deed, see "Estoppel," § 1. 1. Construction and operation. Effect of a reservation in a deed to the DEPOSITARIES. See "Deposits in Court." DEPOSITIONS. See "Witnesses." Motion to vacate order settling interrogatories *Under the express provisions of Code Civ. *Though part of the testimony taken by depo- *A physician's deposition not allowed in a 308. *Under Code Civ. Proc. § 895, an order that *Point annotated. and 140 New York State Reporter oral questions as counsel for plaintiffs and defendant may think proper is unauthorized.-Stuart v. Spofford (Sup.) 903. DIRECTING VERDICT. In civil actions, see "Trial," § 4. DISBARMENT. 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. 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. DEPOSITS. DISCHARGE. From service as juror, see "Jury." § 2. As security for performance of covenants in On habeas corpus, see "Habeas Corpus," § 2. DEPOSITS IN COURT. Where plaintiffs were directed to deposit in court a specified sum with interest from a certain date, it was error for the court, after adjudging plaintiffs guilty of contempt, to authorize them to purge themselves by making the deposit of the sum directed with interest at 2% per cent.-Lawrence v. Binninger (Sup.) 500. DESCENT AND DISTRIBUTION. See "Executors and Administrators": "Wills." Inheritance and transfer taxes, see "Taxation." § 5. Property and interests undisposed of by will, see "Wills," § 6. § 1. Persons entitled and their respective shares. *Under Real Property Law, Laws 1896, p. 619, c. 547, § 285, intestate's mother held to inherit only a life estate with remainder to the other heirs.-Tucker v. Tucker (Sup.) 713. From indebtedness, obligation, or liability. See "Bankruptcy," § 4; "Compromise and Settlement"; "Execution," § 2; "Judgment," 7; "Mechanics' Liens," § 2. Liability as surety, see "Principal and Surety," § 1. DISCOVERY. Contempt by party in refusing to appear for examination, see "Contempt," § 1. § 1. Under statutory provisions. *No examination of defendant in an action for an accounting is necessary to enable plaintiff to frame a complaint.-Pierce v. McLaugh lin Real Estate Co. (Sup.) 28. *An order for the examination of plaintiff will be set aside where it appears that plaintiff is a resident of Scotland, and is not, at the time, within this country.-Gilroy v. Interborough-Metropolitan Co. (Sup.) 171. *Ordinarily defendant in a negligence action may not examine plaintiff before trial as to the general issues in the action.-Wood v. Flagg (Sup.) 308. *In connection with a physical examination of plaintiff before trial, defendant may examine him under oath as to the character and extent of his injuries.-Wood v. Flagg (Sup.) 308. *Papers on which an order for the examination of plaintiff before trial was obtained not complying with general rules of practice, rule 25, the order held properly vacated.-Mitchell v. Greene (Sup.) 449. An order for the examination of an individual defendant before trial cannot properly require him to produce books and papers for inspection.-Coin Novelty Co. v. Lindenborn (Sup.) 508. An order of the court fixing a new date for an examination of a party as a witness before trial held not in effect an adjournment in violation of Code Civ. Proc. § 876, vesting author ity to adjourn the examination in the judge or referee before whom held.-Grant v. Greene (Sup.) 535. Though Code Civ. Proc. § 873, requiring & judge to order an examination of a party as a witness, does not authorize a court to make such order, yet where the examination could not be had at the time originally prescribed, owing to 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 *In an action for slander, defendant held not Plaintiff held not to need an examination of Affidavits for examination of defendant to en- *Statement of what a plaintiff must show to entitle him to examination of a defendant to en- False statement as to institution of divorce ac- Statements as to what additional affidavits An order providing, under Code Civ. Proc. $$ DISCRETION OF COURT. Cost in habeas corpus proceedings, see "Habeas Review in civil actions, see "Appeal," § 8. DISMISSAL AND NONSUIT. At trial, see "Trial," § 4. Costs on dismissal, see "Costs," § 1. lief. Findings of referee on the issues referred to *Under the direct provisions of Code Civ. *In an action for divorce for adultery, evi- On application to discontinue an action for The effect of a certain stipulation in lieu Review of questions of fact and findings on mo- of divorce against the wishes of the innocent In particular actions or proceedings. See "Injunction," § 3. Appeal, see "Appeal," § 7. Appeal from justice's court, see "Justices of the On contract assigned, see "Assignments," § 2. *An action brought to recover money not due complaining party, though the proper time had Under Code Civ. Proc. § 1774, held, that an *Under Code Civ. Proc. 8 1774, a marriage *For submitting to the jury the issue in a |