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firm, held no defense to the application.-Fidel.
Of causes for trial, see "Trial,” 8 1.
An application for examination of a party be- Production and inspection of writings, see' "Dis-
covery," $ 1.
§ 1. Rights and remedies of widow.
Under Code Civ. Proc. $ 1600, held, in an
action for dower against persons as beneficiaries
under a trust, though some of them are heirs,
damage for withholding the dower is to be
computed from the demand for dower.-Gorden
v. Gorden (Sup.) 241.
DUE PROCESS OF LAW.
See "Constitutional Law," $ 1.
§ 1. Creation, existence, and termina.
portion of abutting street, so as to preclude her
from enjoining neighboring owner from appro-
priating and building on his proportionate part of
such street.-Tremberger v. Owens (Sup.) 694.
Reservation in deed held not to have created
Grantor of land held entitled to right to use
certain strip reserved in deed.-Allen v. Lester
bution"; "Executors and Administrators," $ 5. 2. Extent of right, use, and obstruc-
A right of way held to have been appurtenant
to certain premises, and to have passed to
the owner's grantee.-Allen v. Lester (Sup.)
Of passenger, see “Carriers," $ 2.
$ 1. Pleading and evidence.
out in detail the facts of plaintiff's claim, held
ELECTION OF REMEDIES.
for the recovery of the value of goods held by
$ 1. Nominations and primary elec-*i
and 114 New York State Reporter
among parties entitled.-In re Trinity Are. (Sup.)
83. Remedies of owners of property.
In a suit for an injunction and for damages
for the operation of an elevated railway in
front of one's premises, held improper to bring
Where a city erects structures on a private
of the structures, and for damages.-Culver .
When a city erects structures on a private
See "Master and Servant."
Authority of corporate officers as to contracts
of employment, see “Corporations," $ 4.
ENTRY, WRIT OF.
Dedication of land for street held, under New | See "Conversion."
The owner of a building which he removes be- Particular subjects of equitable jurisdiction and
See "Account"; "Fraudulent Conveyances"; "In-
Foreclosure of mechanic's lien, see "Mechanics
Lieus," $ 3.
bles," $ 1.
er absence of plaintiff's attending physician as a
witness.-Minck v. New York & Q. C. Ry. Co.
$ 3. Relevancy, materiality, and com-
petency in general.
In an action for assault by street car conductor
on passenger, held not error to admit evidence
that the conductor who was arrested was dis-
charged after arraigninent.-James v. Metropoli-
tan St. Ry. Co. (Sup.) 710.
Evidence of an architect, denying an alleged
restriction on the cost of the building in an ac-
tion for his services, held admissible in rebuttal.
-Hornum v. McNeil (Sup.) 728.
§ 4. Admissions.
On issue whether husband had given property
admissible.-Newgass v. Auburn Loan Co. (Sup.)
§ 5. Declarations.
Where, in an action by a broker to recover
a commission, the defendant claimed that the
broker was discharged before the sale was
made, the exclusion of a memorandum made
discharging him, but not communicated to him,
held not error.-Diamond v. Wheeler (Sup.) 416.
Written statement of the trustee, who had
of the beneficiaries.-Putnam v. Lincoln Safe
Deposit Co. (Sup.) 961.
Testimony as to conversations with one since
Groot (Sup.) 970.
3; "Municipal Corporations," $ 8; "Sheriffs In an action for architect's services, evidence
that a change in the building by defendant in-
creased the cost held not objectionable as hear-
say.--Hornum v. McNeil (Sup.) 728.
Evidence of price paid for property at bona
-People v. Rushford (Sup.) 891.
The consideration named in a conveyance held
not competent to prove the value of the property
conveyed.-People v. Rushford (Sup.) 891.
In an action for libel, held error to have ad-
mitted certain letter to plaintiff.-Kuster V.
$ 7. Documentary evidence.
In an action for injuries, held error to permit
defendant's counsel, as part of his affirmative
case, to read in evidence matter contained in a
In an action for injuries caused by the falling
Rathborne v. Hatch (Sup.) 347.
and 114 New York State Reporter
Exemption of seat in stock exchange, see "Ex-
§ 1. Property subject to execution.
Chattel mortgagee held entitled, before lery by
§ 2. Supplementary proceedings.
Receiver of member of stock exchange held
change.-Leggett v. Waller (Sup.) 13.
Judgment creditor held entitled to have a re-
Receiver in supplementary proceedings held
In an action for injuries sustained from ice EXECUTORS AND ADMINISTRATORS.
Surviving partner as executor of deceased part-
ner, see “Partnership," $ 2.
Testamentary trustees, see "Trusts."
see "Witnesses," $ 1.
Temporary residence outside state held not
ground for removing executor, under Code Civ.
The surrogate held to have power, as a condi-
Proc. $ 2472, subd. 2, $ 2481, to compel an execu-
tor to give a bond.-In re Wischmann (Sup.) 78.
§ 2. Assets, appraisal, and inventory.
Application to compel executor to file inven-
creditor or interested in the estate.-In re! been allowed by the administrator.-In re Mi-
ner's Estate (Sur.) 643.
been allowed by administrators, because the es-
tate is insolvent, and judicial settlement of the
re Miner's Estate (Sur.) 643.
held not chargeable with moneys misappropriat-
ed, except on clear proof.-Iu re Wilmot's Es.
Evidence held insufficient to support claim
against decedent's estate.-In re Wilmot's Es-
tate (Sur.) 651.
Where a disputed claim against decedent's es-
tate.--In re Wilmot's Estate (Sur.) 651.
legacy, which the wife's executor and creditor
was entitled to enforce.-Hallock v. Hallock
ity of payment from his estate to the debts of
stated sum, "in full of interest money in full to
Administrators can deduct from distributive
$ 6. Actions.
An action for the recovery or the value of
Where an executor borrows moneys from the
$ 7. Accounting and settlement.
The burden of proof of the justice and ne-
the executor is on him.-In re Peck (Sup.) 76.
count and decreeing distribution held conclusive
that administrator did not receive more per-
Where the accounts of a deceased executor
ceeding between an administrator with the will
The surrogate is without jạrisdiction to try istrator, such settlement was binding on the
The Supreme Court held to have equal juris-