sel as to whether or not Exhibit 1 is correctly printed with the alterations complained of. We express no opinion on that question, and leave it to the trial justice to determine.

HEIDELBERG, Appellant, V. MONROE BANK, Respondent. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Herman Heidelberg against the Monroe Bank. P. M. Herzog, for appellant. W. M. Seabury, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.

HEISE, Respondent, v. SELECTED SECURITIES CO., Appellant. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Anna T. H. Heise against the Selected Securities Company. L. Wertheimer, for appellant. F. M. Wells, for respondent. No opinion. Order (105 N. Y. Supp. 1079) affirmed, with $10 costs and disbursements. Order filed.

HELD v. FRANKLIN BREWING CO. (Supreme Court, Appellate Division, First Department. November 15, 1907.) Action by Herman J. Held against the Franklin Brewing Company. No opinion. Motion denied, on payment of $10, and on condition that appellant be ready for January term. Order filed.

HELLEN, Appellant, V. BROOKLYN HEIGHTS R. CO., Respondent. (Supreme Court, Appellate Division, Second Department. October 23, 1907.) Action by George Hellen against the Brooklyn Heights Railroad Company. No opinion. Judgment of the Municipal Court affirmed, with costs.

HENDERSON, Appellant, v. METROPOLITAN LIFE INS. CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. October 16, 1907.) Action by John Henderson against the Metropolitan Life Insurance Company. No opinion. Judgment affirmed, with

costs.

HENRY, Respondent, v. JONES, Appellant. (Supreme Court, Appellate Division, Fourth Department. October 9, 1907.) Action by Julia Henry against Griffith M. Jones.

PER CURIAM. Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, upon the ground that the verdict is contrary to evidence.

MCLENNAN, P. J., dissents.

HENRY HUBER CO., Appellant, v. RIKER BASIN SYSTEM, Respondent. (Supreme

HEVENOR, Appellant, v. JUDGE CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. October 9, 1907.) Action by Harvey H. Hevenor against the Judge Company.

PER CURIAM. Order appealed from modified, so as to provide: "So much of defendant's motion as asks that the preliminary words of the statement of facts constituting each of the alleged causes of action set forth in the complaint, other than the first, be stricken out, is granted, with leave to the plaintiff within 10 days to serve an amended complaint omitting said words, and inserting in place thereof the following: 'Repeats all the allegations contained in the first five subdivisions of the first alleged cause of action'-or make such other amendment as plaintiff may be advised. In all other respects defendant's motion is denied." As so modified, the order appealed from is affirmed, without costs to either party.

HEWETT, Respondent, v. CENTURY HISTORY CO., Appellant. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Waterman T. Hewett against the Century History Company. C. F. Moody, for appellant. J. E. Freeman, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

HEWITT, Respondent, v. BAUMAN, Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Charles W. Hewitt against Simon Bauman.

PER CURIAM. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that the plaintiff cannot maintain an action on a contract which he was prohibited by law from making.

HIGGINS, Appellant, v. POWELL et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 15, 1907.) Action by John Higgins against Sarah C. Powell and others.

PER CURIAM. Motion to dismiss appeal granted, with costs, unless the appellant perfect the appeal within 20 days and pay the respondents $10 costs. On compliance, the motion to dismiss the appeal is denied, without costs, and the case placed at the foot of the present calendar.

HILL et al., Respondents, v. REYNOLDS et al., Appellants. (Supreme Court, Appellate Division, Third Department. November 27, 1907.) Action by George G. Hill and another against George G. Reynolds and others. No opinion. Motion granted.

HOFACKER, Respondent, v. HOFACKER, Appellant. (Supreme Court, Appellate Division,

Second Department. October 18, 1907.) Action by Gottfried Hofacker against Victorine Hofacker. No opinion. Judgment affirmed by default, with costs.

HOFFMAN, Respondent, v. HOFFMAN, Appellant. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Action by Marie B. Hoffman against Charles L. Hoffman. No opinion. Order modified, by striking out allowance of $84 for alimony from the commencement of the action to the date of the order, and, as modified, affirmed, without costs. Settle order on notice.

HOFFMAN, Appellant, v. NORTH RIVER SAVINGS BANK, Respondent. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by George Hoffman against the North River Savings Bank. I. B. Louis, for appellant. N. B. Sanborn, for respondent. No opinion. Judgment affirmed, with costs. Order filed.

HOLLENDER, Appellant, v. REINOLD et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Olivia E. Hollender, against Bernard A. Reinold and another. No opinion. Judgment affirmed, with costs.

HOOK V. NEW YORK CITY RY. CO. MATKOFF v. SAME. HARRISON V. SAME. REIS v. DRUG & CHEMICAL CO. SIEGEL v. UNITED STATES MAILING TUBE CO. (Supreme Court, Appellate Division, First Department. November 15, 1907.) Actions by George N. Hook, by Samuel Matkoff, and by William Harrison against the New York City Railway Company, by Eugene Reis against the Drug & Chemical Company, and by Julius E. Siegel against the United States Mailing Tube Company. No opinions. Applications for leave to appeal to Appellate Division from Appellate Term denied, with $10 costs, in each case. ders signed.

Or

HOOSICK RIVER PULP CO., Appellant, v. THOMPSON et al., Respondents. (Supreme Court, Appellate Division, Third Department. November 13, 1907.) Action by the Hoosick River Pulp Company against David A. Thompson and another. No opinion. Order affirmed, with $10 costs and disbursements.

HOOVER v. PHILLIPS et al. (Supreme Court, Appellate Division, Fourth Department. November 13, 1907.) Action by Florence A. Hoover, as administratrix, etc., against Bradley H. Phillips and another, as receivers, etc. No opinion. Plaintiff's exceptions overruled, motion for new trial denied, and judgment directed for defendants, with costs.

HOPE, Respondent, v. SCRANTON & LEHIGH COAL CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 15, 1907.) Action by Michael Hope against the Scranton & Lehigh Coal Company. No opinion. Motion for reargument denied.

HOPKINS, Respondent, Y. CALLESON HORSE CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Clarence E. Hopkins against the Calleson Horse Company. No opinion. Judgment of the Municipal Court affirmed, with costs.

HORN et al., Appellants, v. GLICKMAN, Respondent. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Appeal from Municipal Court. Action by Joseph Horn and Nellie Horn against Moses N. Glickman. From a judgment for nominal damages only, plaintiffs appeal. Reversed, and new trial ordered. Walter H Thacher, for appellants. Charles Firestone, for respondent.

under

GAYNOR, J. The defendant in building a house on his lot adjoining the plaintiffs' house negligently and needlessly excavated their fence and caused it to fall. A strip of the plaintiffs' soil three feet wide also fell into the excavation, carrying with it their rose bushes. The defendant also stored lumber on the plaintiffs' roof, broke a shutter, and his men committed acts of personal nuisance on the plaintiffs' premises. The defendant gave no evidence at all. The action is for damages for the trespasses. The Justice gave the plaintiffs a judgment for six cents, adding insult to injury. The technicalities of the counsel for the defendant which marked every step of the trial are deplorable. The plaintiffs called a competent witness (the last witness, a builder) to prove the amount of damage, but his evidence was excluded, the Justice remarking that It cannot be said that the case was tried at he must rigidly enforce the rules of evidence. tiffs and their counsel by captious, frivolous all. It was simply a case of baiting the plainand vexatious technicalities, which should not be tolerated, much less favored, by a court. The judgment should be reversed.

JONES, Appellant, v. WALKER, Respondent. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Action by Arthur H. Jones against Augusta M. Walker. A. B. Rosenfeld, for appellant. O. Powell, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

JOSEPH F. CLARKE CO., Respondent, v. POMERANA, Appellant. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by the Joseph F. Clarke Company against Israel Pomerana. No opinion. Judgment of the Municipal Court affirmed by default, with costs.

KAVANAUGH v. COMMONWEALTH TRUST CO. OF NEW YORK et al. (Supreme Court, Appellate Division, Third Department. September 26, 1907.) Action by Charles H. Kavanaugh, who sues in, behalf of himself, etc., against the Commonwealth Trust Company of New York, impleaded with others. No opinion. Motion granted, and question certified as follows: "Does the complaint of the plaintiff state facts sufficient to constitute a cause of action against the defendants Charles W. Wetmore and Charles F. Brooker?" See 105 N. Y. Supp. 1124.

KEEFE, Respondent, v. LEE et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. September 25, 1907.) Action by Annie Keefe against George W. Lee, and others.

PER CURIAM. Judgment and order denying motion for new trial affirmed, with costs. Or

der granting an additional allowance reversed, with $10 costs and disbursements. WILLIAMS and KRUSE, JJ., dissent.

KELLY, Appellant, v. BUFFALO SAVINGS BANK, Respondent. (Supreme Court, Appellate Division, Fourth Department. October 9, 1907.) Action by Mary Kelly, as administratrix, etc., against the Buffalo Savings Bank. No opinion. Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the evidence raised a question of fact which should have been submitted to the jury.

KENNY, Respondent, v. NEW YORK CITY RY. CO., Appellant (two cases). (Supreme Court, Appellate Division, Second Department. October 18, 1907.) Actions by James H. Kenny against the New York City Railway Company. No opinion. Judgments of the Municipal Court affirmed, on consent in open court, with costs.

KEYSER et al., Appellants, v. PEGG et al., Respondents. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Action by Jeremiah Keyser and others against F. A. Butler, Elizabeth F. Pegg and others. for appellants. C. C. Miller, for respondents. No opinion. Judgment affirmed, with costs. Order filed.

KEYSTONE PUB. CO., Appellant, v. LAMBERT SNYDER CO., Respondent. (Supreme Court, Appellate Division, First Department. November 22, 1907.) Action by the Keystone Publishing Company against the Lambert Snyder Company. Î. F. Russell, for appellant. W. H. Osborne, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.

KIERNAN, Respondent, v. EIDLITZ et al., Appellants. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Kate Kiernan against Otto M. Eidlitz and another. F. V. Johnson, for appellants. J. N. Tuttle, for respondent. No opinion. Judgment modified, by striking out extra allowance, and, as so modified, judgment and order affirmed, without costs. Settle order on notice.

=

KING, Respondent, v. CHELSEA JUTE MILLS, Appellant. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Action by Kate King against the Chelsea Jute Mills. L. Cohn, for appellant. J. J. Buckley, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

KING, Respondent, v. FISHER, Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by William King against Robert C. Fisher and another. No opinion. Judgment and order unanimously affirmed, with costs.

KINGSLEY, Respondent, v. FINCH, PRUYN & CO., Inc., Appellant. (Supreme Court, Appellate Division, Third Department.