SECOND DEPARTMENT, JULY TERM, 1903.

*See Code Civ. Proc. §§ 340, 341, 347, 431.- - [RE.

ACCOUNTING - By an executor and an administrator.
See EXECUTOR AND ADMINISTRATOR.

ACTION — To recover money, collected by an attorney and paid over to the client, by an assignee of the client.

See ATTORNEY AND CLIENT.

What purchase of a chose in action by an attorney is champertous.
See ATTORNEY AND CLIENT.

Relating to corporations generally.

See CORPORATION.

For dower.

See DOWER.

Time for commencing.

See LIMITATION OF ACTION.

For money received.

See MONEY RECEIVED.

For the foreclosure of a mortgage.

See MORTGAGE.

Relating to municipal corporations.
See MUNICIPAL CORPORATION.

When it is pending against a defendant.
See PARTITION.

Practice, except on a trial.
See PRACTICE.

Proceedings on the trial of.
See TRIAL.

ADDITIONAL ALLOWANCE:
See COSTS.

ADJUDICATION:

See JUDGMENT.

ADMEASUREMENT — Of dower.
See DOWER.

ADMINISTRATOR:

See EXECUTOR AND ADMINISTRATOR.

ADMISSION :

See EVIDENCE.

ADVANCEMENT- By decedent

See WILL.

AFFIDAVIT OF MERITS— Defect in — when not available on appeal.

ANNUITY — An annuity payable from a trust fund is a general legacy.
TURNER v. MATHER...
See WILL.

APPEAL -

.....

PAGE.

172

Costs upon an appeal from a surrogate's decree vacating a trans-
fer tax assessment they are governed by Code Civ. Proc. § 3240 - the order
allowing them need not specify the items allowed nor fix the rates disburse-
ments may be taxed although not expressly allowed - costs on appeal from an
interlocutory order, by what Code provisions governed.

See MATTER OF BABCOCK..

-

Settlement of a case without the knowledge of the defendant's attorney
application by such attorney to put the case on the calendar with a view to his
recovering costs appeal in the defendant's name from its rejusal — proper
procedure for its review.

See POMERANZ v. MARCUS...

The statute authorizi: g a proceeding to enforce payment of, or the cancel
lation of, a lost certificate of deposit is unconstitutional — right to appeal from
orders made thereunder.

See MATTER OF COOK.

City contract - appeal, from the engineer's decision, to other city officers —
what delay in the action of such other officers justifies the contractor in bringing
suit - amendment, on appeal, of the complaint to conform it to the proof.
See JOHNSON v. CITY OF ALBANY....

563

321

586

567

appeal.

Defect in an affidavit of merits — not available for the first time upon
See HEADDINGS v. GAVETTE

592

A refusal to punish for contempt is reviewable at the Appellate Division.
See BROWN v. BRAUNSTEIN

499

APPOINTMENT

Power of.

See POWER.

APPRAISAL - Under a fire insurance policy - the appraisers fix the loss not
the liability-notice of the appraisers' meeting is not essential.

See INSURANCE.

-

ARCHITECT — Building plans — after they have been filed with a building
department and the architect has been paid for his services he has no further
property rights therein.

See WRIGHT v. EISLE

356

ARREST - In an action of tort, in which the defendant is liable to arrest and
imprisonment if the plaintiff is successful, a judgment in favor of the defendant
for costs may be enforced by an execution against the person.

See SAFFIER v. HAFT

Without warrant for an offense committed in the officer's presence.
See PEOPLE EX REL. SMITH v. VAN DE CARR...

284

9

PAGE.

ASSAULT-Action for damages for an assault with a loaded firearm - the
distinction, in the burden of proof borne by the plaintiff, in a civil action involv-
ing the commission of a crime and in a criminal action.

ASSIGNMENT Suit by one claiming as assignee of the Consolidated Chan-
delier Company · —a statement by a witness that the person named in, and who
executed, the assignment was "the owner of the Consolidated Chandelier Com-
pany" is insufficient to establish his authority.

See SAFFIER v. HAFT ....

Champerty-purchase of a chose in action by an attorney with intent
to sue thereon -the attorney's donee or assignee may enforce it for her own
benefit — presumption that it is enforced for her benefit.

See BEERS v. WASHBOND..

ASSOCIATION - Injunction to prevent the execution of a resolution
adopted by the votes of members worshipping at chapels connected with a
parent church - where such practice has been acquiesced in for many years,
and no property rights are involved, equity will not interfere.

DAVIE v. HEAL.

See EQUITY.

For insurance.

See INSURANCE.

ASSUMPTION OF RISK-By an employee of a railroad.

See NEGLIGENCE.

ATTORNEY AND CLIENT -Judgment not vacated, on the ground that
it was prosecuted by an attorney without authority, where the client has acquiesced
in its prosecution — what notice is insufficient to show want of authority in an
attorney.] 1. An administratrix, by a writing dated July 27, 1901, author-
ized an attorney to commence an action for the purpose of determining the
title, as between the estate represented by her and one Quinn, to a savings
bank deposit. The attorney commenced the action against Quinn and the
savings bank on the afternoon of August 21, 1901, but on the evening of
the same day he was discharged by the administratrix. Notwithstanding
his discharge, the attorney proceeded with the action which was tried
December 20, 1901, resulting in a judgment awarding the fund to Quinn.
The bank promptly paid the fund in controversy to Quinn.

The administratrix, although she had full knowledge that the action had
been commenced, deliberately elected to permit it to proceed to judgment
without notifying either of the defendants that she had discharged her
attorney or that he was prosecuting the action against her will. It appeared,
however, that, after discharging the attorney of record, the administratrix
retained another attorney, and that on August 26, 1901, there was served on
the bank a notice signed by such other attorney, on behalf of the adminis
tratrix, notifying it not to pay the money in controversy to any one other
than the administratrix. It was not claimed that the action was not fully
and fairly tried or properly decided, or that a different result would be
reached on a new trial.

Held, that a motion made by the administratrix to vacate the judgment,
on the ground that the attorney of record was not authorized to conduct
the action, should be denied;

507

284

582

517

That the receipt by the bank of the notice not to pay the fund to any
one other than the administratrix, although signed by a different attorney
than the attorney of record, was not, in itself, calculated to excite sus-
picion as to the authority of the attorney of record. BUTCHER v. QUINN... 391