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it was error to subsequently. strike from such
judgment the words “on the merits.”-Hirsh-
bach v. Ketchum (Sup.) 143.
Where a final judgment on demurrer dis-
missed plaintiff's complaint on the merits, and
he did not move to have the same modified, by
-Hirshbach v. Ketchum (Sup.) 143.
§ 5. Merger and bar of causes of action
Where plaintiff made a mistake in splitting
an entire demand, and obtained judgment on
a part thereof, the judgment will be vacated,
and he be allowed to consolidate his action
portion thereof.- Rockefeller v. St. Regis Paper
Co. (Sup.) 975.
$ 6. Conclusiveness of adjudication.
Where the value of personal property belong-
court in a proceeding to sell the infant's real
estate, such action could not be reviewed on a
settlement of the accounts of the infant's guard-
ian.-In re Turner (Sup.) 573.
Jurisdiction of particular actions or proceedings.
A default judgment against “Zachariah” B. Against foreign corporation, see "Corporations,"
For accounting by executors, see "Executors
Grounds for reference instead of trial by jury,
see "Reference," $ 1.
Taking case or question from jury at trial, see
"Trial," $ 4.
apply to a suit to restrain a nuisance.-Miller
introduction of evidence, within Code Civ. Proc.
for_jury trial.-Herb v. Metropolitan Hospital
and 114 New York State Reporter
City of New York (Sup.) 247.
An agreement assigning a lease construed to
The construction of an agreement to obtain
An agreement to secure a renewal of a lease
Liability of a landlord for defect in coal hole
possession to the tenant.--Matthews v. City of
New York (Sup.) 360.
In an action for injuries sustained by a pedes-
evidence held to justify a finding that the hole
Matthews ý. City of New York (Sup.) 360.
Warrant in summary proceedings held not to
estop landlord from recovering rent up to the
§ 5. Re-entry and recovery of posses-
sion by landlord.
Where a landlord failed to describe his in-
mary proceedings, as required by Code. $ 2235,
the court acquired no jurisdiction.-Kazis F.
Loft (Sup.) 1015.
An injunction held properly granted, under
tion of a warrant of removal in summary pro-
ceedings.-Kazis v. Loft (Sup.) 1015.
Code Civ. Proc. $ 3240, relating to costs in
special proceedings, does not apply to a sum-
a lease by false rep- Capobianco (City Ct. n. Y.) 203.
$10 costs.-Lauria v. Capobianco (City Ct. N.
Lease construed, and landlords held entitled Conviction of offense charged, see "Indictment
LAW OF THE CASE.
LAW OF THE ROAD.
For sale of intoxicating liquors, see "Intoxi-
cating Liquors," $ 1.
Effect of proceedings in bankruptcy.
"Bankruptcy,” § 1.
Particular classes of liens.
See "Mechanics' Liens."
Of bank on stock, see “Banks and Banking,"
Pledge, see "Pledges."
See "Dower"; "Remainders."
Creation by will, see “Wills," $ 7.
LIMITATION OF ACTIONS.
a gang of
8 1. Statutes of limitation.
Amendment of statute of limitations cannot
may lawfully be retroactive.--In re Moench's
tion, but several, for services, as regards the
statute of limitations.-Shaferv. Pratt (Sup.)
$ 3. Acknowledgment,
and part payment.
Facts held not to show payment on claims
Credits of interest on an account of a third
person, not shown to have been authorized or
itations.-Kirkpatrick v. Goldsmith (Sup.) 835.
LIMITATION OF LIABILITY,
Of carrier, see "Carriers," $81, 2.
See "Partnership," $ 4.
See "Intoxicating Liquors.”
and 114 New York State Reporter
8 1. The relation.
Employer held to have ground for discharging
Reason for discharge of servant, not known
to employer at the time, may nevertheless be
relied on by him in defense to action for dam-
§ 2. Services and compensation.
A defense of new matter to a complaint on a
contract of employment, that the employment
was by another, held sufficient.-Kraus v. Agnew
§ 3. Master's liability for injuries to
Evidence in an action to recover for the
tributory negligence was conclusively shown.-
Dickescheid v. Betz (Sup.) 175.
Where the fall of an elevator which injured
plaintiff, an employé, was caused by the break-
ing of an elevator wheel, evidence as to the
cause of the breaking of the wheel held to pre-
sent a question for the jury.-Swenson v. Metro-
politan St. Ry. Co. (Sup.) 281.
In an action for injuries to a servant, caused
by the falling of an elevator, evidence held to
necessary party.-Jones v. Willcox (Sup.) held not liable for an injury to such employé,
caused by a defect in the deck of the barge. -
Complaint in action for death of servant,
The contributory negligence of a serrant,
killed by a revolving shaft, held a question for
the jury.--Levy V. Grove Mills Paper Co.
In au action for the death of a servant by
to justify a verdict for plaintiff.—Levy v. Grore
Mills Paper Co. (Sup.) 730.
It is the duty of an employer to inspect the
Walsh v. New York & Q. C. Ry. Co. (Sup.) 767.
Where telegraph lineman was injured by fall-
ing of a pole, the fact that wires were being re-
moved from wooden poles to iron ones held not
Ry. Co. (Sup.) 767.
Where an electric lineman, in the discharge
of his duties, ascends a telegraph pole, it is not
incumbent on him to inspect the pole, where a de
fect is not obvious.-Walsh v. New York & Q.
C. Ry. Co. (Sup.) 767.
An electric lineman, who ascends a telegraph
furnished as appear to be reasonably safe to
York & Q. C. Ry. Co. (Sup.) 767.
A servant who, in the discharge of his du- A demurrer will not lie to an action to re-
Of municipal council, see "Municipal Corpora-
tions," 8 1.
Recovery of payment in general, see “Payment,"
In an action by a corporation for misappropri-
ated money, evidence examined, and held suffi-
cient to support a finding that such money had
never been so misappropriated.-M. Grob's Sons
v. Groh (Sup.) 438.
Mortgages of particular species of property.
Personal property, see "Chattel Mortgages."
Trust estates, see "Trusts," $ 4.
counterclaim for breach of covenant held un-
necessary in purchase-money mortgage fore-
closure.--Herb v. Metropolitan Hospital & Dis-
Defendant, though entitled to vacation of final
judgment for mortgage foreclosure, on reversal of
the purchaser is a party, after trial of the
mortgagee and purchaser at foreclosure sale of