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INDEX.

ABATEMENT.

Of legacy, see "Wills," § 6.

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ACKNOWLEDGMENT.

Operation and effect of admissions as evidence,
see "Criminal Law," § 4; "Evidence," § 4.

ACTION.

Jurisdiction of courts, see "Courts."
Penal and qui tam actions, see "Penalties," § 1.
Review of proceedings, see "Appeal"; "Čer
tiorari"; "New Trial."

Actions between parties in particular relations.
See "Master and Servant," §§ 2, 6.
Cotenants, see "Partition," § 1.

Actions by or against particular classes of
parties.

See "Carriers," § 1; "Executors and Adminis
trators," 86; "Infants," § 1; "Insane Per-
sons, §1; "Physicians and Surgeons";
"Street Railroads," § 1.

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9.

Assignees, see "Assiguments," § 1.
Foreign corporations, see "Corporations,"
Stockholders, see "Corporations," § 2.
Sureties on constable's bond, see "Sheriffs and
Constables," § 1.

Particular causes or grounds of action.
See "Bills and Notes," § 3; "Death," & 2;
"Fraud," § 2; "Insurance," § 6; "Judgment,"
§7; "Libel and Slander," § 1; "Negligence,"
84; "Penalties," § 1; "Torts"; "Trover and
Conversion," § 2.

Breach of contract,

"Sales," § 5.

see "Contracts," § 5;

Breach of warranty, see "Sales," § 5.

Discharge from employment, see "Master and
Servant," § 1.

Foreign judgment, see "Judgment," § 7.
Personal injuries, see "Animals"; "Carriers,"
§ 1; "Master and Servant," § 6; "Railroads,"
§ 3.

Price of goods, see "Sales," § 4.
Recovery of payment, see "Payment," § 1.
Recovery of price paid for land, see "Vendor
and Purchaser," § 4.

Services, see "Master and Servant," § 2.
Taking of or injury to property in exercise_of
power of eminent domain, see "Eminent Do-
main," § 3.

Particular forms of action.
See "Replevin"; "Trover and Conversion."
Particular forms of special relief.
See "Account"; "Divorce"; "Injunction"; "In-
terpleader"; "Partition," § 1; "Specific Per-
formance."

(1137)

and 106 New York State Reporter

Accounting by executor, see "Executors and
Administrators," § 7.

Admeasurement or assignment of dower, see
"Dower," § 1.

Alimony, see "Divorce," § 1.

Dissolution of corporation, see "Corporations," § 8.

Dissolution of partnership, see "Partnership," § 3.

ADMISSIONS.

As evidence in civil actions, see “Evidence,” § 4
As evidence in criminal prosecutions, see "Crim-
inal Law," § 4.
In pleading, see "Pleading," § 2.

Enforcement or foreclosure of lien, see “Me- See "Food."
chanics' Liens," § 3.

Establishment and enforcement of right of ex-
emption, see "Exemptious." § 2.
Establishment of will, see "Wills," § 4.
Foreclosure of mortgage, see "Mortgages," § 2;
"Railroads," § 2.

Reformation of written instrument, see "Ref-
ormation of Instruments."

Setting aside fraudulent conveyance, see "Fraud-
ulent Conveyances," § 1.

Setting aside municipal assessments, see "Mu-
nicipal Corporations," § 10.
Setting aside will, see "Wills," § 4.

Particular proceedings in actions.
See "Appearance"; "Continuance"; "Costs";
"Damages"; "Depositions"; "Evidence"; "Ex-
ecution"; "Judgment"; "Jury"; "Parties";
"Pleading"; "Process"; "Reference"; "Tri-
al"; "Venue."

Bill of particulars, see "Pleading," § 5.
Default, see "Judgment," § 2.
Nonsuit, see "Trial," § 5.

Particular remedies in or incident to actions.
See "Attachment"; "Discovery"; "Garnish-
ment"; "Injunction"; "Receivers."
Stay of proceedings, see "Appeal," § 5.
Proceedings in exercise of special jurisdictions.
Courts of limited jurisdiction in general, see
"Courts," § 1.

Criminal prosecutions, see "Criminal Law."
Suits in equity, see "Equity."

Suits in justices' courts, see "Justices of the
Peace." § 2.

1. Joinder, splitting,

and severance.

consolidation,

Complaint held not subject to demurrer for misjoinder of causes of action.-Budd v. Hardenbergh (Sup.) 537.

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ADULTERATION.

ADVANCEMENTS.

See "Wills," § 6.

ADVERSE POSSESSION.

Conveyance of lands held adversely, see "Champerty and Maintenance."

1.

Nature and requisites.

A telephone company, erecting its lines on the land of another without a claim of title, cannot acquire a right by adverse possession to continue such lines thereon.-Andrews v. Delhi & S. Tel. Co. (Sup.) 50.

In suit to compel executor to account for stock held by him, even if contention that he held the same, not as executor, but as trustee of express trust, were meritorious, circumstances held to show his interest so adverse to plaintiff as to cause the claim to be barred by limitations.-In re Smith's Estate (Sup.) 1062.

ADVERTISEMENT.

Proposals for contracts for municipal improvements, see "Municipal Corporations," § &

AFFIDAVITS.

See "Depositions."

In attachment proceedings, see "Attachment,"
§ 1.
In execution proceedings, see "Execution," § 1.

AGENCY.

See "Principal and Agent."

AGREEMENT.

See "Contracts."

ALIENATION.

Suspension of power of alienation of property, see "Perpetuities.'

ALIMONY.

See "Divorce," § 1.

ALTERATION.

Of geographical or political divisions, see "Municipal Corporations," § 1.

ALTERATION OF INSTRUMENTS.

See "Reformation of Instruments."

AMENDMENT.

APPEAL.

See "Certiorari"; "New Trial."

Appellate jurisdiction of particular courts, see
"Courts," § 2.

Costs, see "Costs," § 4.

Of by-laws of insurance company, see "Insur-Right of appeal as defeating right to prohibi-
ance, $ 7.

Of pleading, see "Pleading." § 4.

Of process. see "Process," § 2.

tion, see "Prohibition," § 1.

Review in special proceedings.

See "Mandamus," § 2.

Of school district tax warrant, see "Schools and Assessment of taxes, see "Taxation," § 2.

School Districts." § 1.

Of statute, see "Statutes," § 1.

AMOUNT IN CONTROVERSY.

Jurisdictional amount, see "Courts," § 2.

AMUSEMENTS.

See "Theaters and Shows."

ANCILLARY ADMINISTRATION.

See "Executors and Administrators," § 8.

ANIMALS.

Proceedings relating to laying out street over
railroad track, see "Railroads," § 1.

Review of criminal prosecutions.
See "Criminal Law," § 7; "Rape," § 1.

Decisions reviewable.

§ 1.
Order reciting that it is granted on consent
of the parties and pro forma will not be re-
viewed on appeal.-Brown v. Brown (Sup.)
309.

Where the court is without jurisdiction to
award a writ of certiorari, an appeal will lie
from an order of reference thereon.-People v.
Feitner (Sup.) 641.

Under Code Civ. Proc. § 3287, an appeal
will not lie from an order taxing a register of
deed's fees, made at a special term presided
over by a supreme court justice.-In re Howe

§ 2. Right of review.

In action to recover for injuries by being bit-(Sup.) 866.
ten by a dog, evidence held such as to render
question of defendant's liability one for the
jury.-Laguttuta v. Chisolm (Sup.) 905.

The fact that a judgment has been satisfied
of record does not preclude the person against
In action for injuries sustained by being bit- whom the judgment was given from appealing.
ten by a dog, evidence held to warrant the di--MacEvitt v. Maass (Sup.) 158.
rection of a verdict in favor of defendant.-
Laguttuta v. Chisolm (Sup.) 905.

Where one bitten by a dog sued both the oc-
cupant of premises on which he was bitten and
owner thereof, a contention that it was error
to direct a verdict in favor of the owner, be-
cause the testimony of the occupant was not
worthy of belief, was without merit.-Lagut-
tuta v. Chisolm (Sup.) 905.

Where one bitten by a dog sues to recover for
the injuries, the burden of proving that defend-
ant was responsible for the acts of the dog
is on plaintiff.-Laguttuta v. Chisolm (Sup.)
905.

Recovery for damages resulting from turn-
ing horses into a field held not to depend on
ownership of such horses.-Martin v. Farrell
(Sup.) 934.

ANNEXATION.

In a proceeding to take a deposition for use
in a foreign court, the witness has a right of
appeal from an order of the special term requir-
ing him to answer certain of the questions.-
In re Dittman (Sup.) 886.

Under Code Civ. Proc. § 1294, a plaintiff who
refused to proceed in his action, under section
2653a, to test the validity of a will, cannot ap-
peal from the judgment entered therein against
him.-Delmar v. Delmar (Sup.) 959.

§ 3. Presentation and reservation in
lower court of grounds of review.
Objection, not presented in court below, of
want of allegation that plaintiff was a sole
trader, held not available on appeal in an action
by a married woman against a street car com-
pany for injuries.-Buckbee v. Third Ave. R.
Co. (Sup.) 217.

Presentation of question of whether plaintiff
in an action for personal injuries had intro-
duced sufficient proof held not waived below.-

Of territory to municipal corporation, see "Mu- Apati v. Delaware, L. & W. R. Co. (Sup.) 322.
nicipal Corporations," § 1.

ANNULMENT.

Of will, see "Wills," § 4.

ANSWER.

In pleading, see "Pleading," § 2.

Where, on appeal, it does not appear that an
exception was taken to the charge to the jury,
no question as to the charge is before the ap-
pellate court.-Minor v. Parker (Sup.) 549.

Counsel, failing to object to an instruction,
thereby assent to the law enunciated.-Gumby
v. Metropolitan St. Ry. Co. (Sup.) 551.

Admissibility of evidence to show action was
for fraud, notwithstanding complaint and stip-

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