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and 140 New York State Reporter

4, 1907.) Action by Jesse L. Williams against the Riccadonna Hotel Company. No opinion. Judgment of the Municipal Court affirmed, with costs.

themselves shall not be marked, and upon the | pellate Division, Second Department. October completion of such examination all ballots taken from such boxes, together with the envelopes in which any of them may be inclosed, shall be forthwith returned to the boxes from which they came, and such custodian shall forthwith relock and reseal such boxes, and shall retain possession thereof as required by law, subject to the further order of the court; ordered, further, that the ballots returned to and filed with the county clerk as custodian shall, at the completion of the examination thereof hereby authorized, be resealed by him in the envelopes from which they came, and that he retain possession thereof, as required by law, subject to the further order of the court"-and, as so modified, affirmed, without costs.

In re WHITTEN. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) In the matter of the application of Paul E. Whitten for admission to the bar. No opinion. Application granted.

WILD et al., Respondents, v. VREDEN BURG & CO., Appellants. (Supreme Court, Appellate Division, Fourth Department. No vember 20, 1907.) Action by Bertha Wild and another against Vredenburg & Co. No opinion. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs to abide event.

WILHELM V. FULLER & WARREN CO. (Supreme Court, Appellate Division. Third Department. September 26, 1907.) Action by Walter Wilhelm against the Fuller & Warren Company. No opinion. Motion denied.

WILLARD, Respondent, v. FERGUSON, Appellant. (Supreme Court, Appellate Division, First Department. November 22, 1907.) Action by Eugene S. Willard against John W. Ferguson. J. N. Blair, for appellant. G. G. Worden, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

Order filed.

WILLIAM P. RAE CO., Respondent, v. KANE et al., Appellants. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by the William P. Rae Company against Peter F. Kane, and others. No opinion. Appeal dismissed, without costs, the judgment having been reversed herewith, and new trial granted. See 106 N. Y. Supp. 47.

WILLIAMS, Appellant, V. FIRST NAT. BANK OF UTICA, N. Y., Respondent. (Supreme Court, Appellate Division, Fourth Department. October 16, 1907.) Action by William P. Williams against the First National

Bank of Utica, N. Y.

PER CURIAM. Judgment affirmed, with costs, upon opinion in same case reported at 118 App. Div. 555, 102 N. Y. Supp. 1031.

SPRING, J., dissents, upon the grounds stated in the dissenting opinion in same case.

WILSON, Respondent, v. ELECTRO DY. NAMIC CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Fremont Wilson against the Electro Dynamic Company. No opinion. Order affirmed, with $10 costs and disburse ments.

WILSON, Respondent, v. UTICA GAS & ELECTRIC CO., Appellant. (Supreme Court, Appellate Division, Fourth_Department. October 16, 1907.) Action by John Wilson against the Utica Gas & Electric Company. No opinion. Judgment and order affirmed, with costs.

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WINANT, Respondent, V. ATLANTIC GULF & PACIFIC COAST CO., et al., Appellants. (Supreme Court, Appellate Division. Second Department. October 18, 1907.) tion by William A. Winant against the Atlantic Gulf & Pacific Coast Company and another. No opinion. Order affirmed, with $10 costs and disbursements.

WINOGRAD v. EPSTEIN. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Joseph Winograd against Samuel Epstein. No opinion. Motion to resettle order granted, without costs.

WIXTED, Respondent, v. NASSAU ELEC(Supreme Court, Appellate Division, Second DeTRIC R. CO., Appellant. (Action No. 69 partment. October 4, 1907.) Action by Thomroad Company. No opinion. Judgment of the as Wixted against the Nassau Electric RailMunicipal Court reversed, and new trial or dered, costs to abide the event, on the authority of Barnett v. Brooklyn Heights R. Co. 53 App. Div. 432, 65 N. Y. Supp. 1068, and People v. Brooklyn Heights R. Co., 187 N. Y. 48. 79 N. E. 838.

WOOD v. SCOTTISH UNION & NATIONAL INS. CO. (Supreme Court, Appellate Division, First Department. October 18, 1907.)) Action by George E. Wood against the Scottish Union & National Insurance Company. No opinion. Motion denied, with $10 costs. Order filed.

WOODHULL, Respondent, v. SYRACUSE, L. S. & N. R. CO., Appellant. (Supreme Court. Appellate Division, Fourth Department. October 16, 1907.) Action by Bradley Woodhull against the Syracuse, Lake Shore & Northern Railroad Company. No opinion. Order reversed, with $10 costs and disbursements, and mo tion granted, without costs.

WRIGHT. Respondent, v. KNIGHTS OF WILLIAMS, Respondent, v. RICCADONNA MACCABEES OF THE WORLD, Appellant. HOTEL CO., Appellant. (Supreme Court, Ap-(Supreme Court, Appellate Division, Third De

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March, 1907.) Action by Clarence L. Barber, as assignee of Horace M. Hooker and David J. McGown, judgment creditors, against Curtis A. Barnum, judgment debtor, and others.

COCHRANE, J. Decision amended, so as to read as follows: "Order reversed, without costs. and motion denied, without costs." See 117 App. Div. 325, 101 N. Y. Supp. 1065. All concur, except PARKER, J., not sitting.

YUENGLING v. BETZ. (Supreme Court, Appellate Division. First Department. October 18, 1907.) Action by Catherine M. Yueng-pellate Division, Second Department. In re HOCHFELDER. (Supreme Court. ApMarch, ling against John F. Betz. No opinion. Mo1907.) In the matter of the application of tion denied, with $10 costs. Order filed. Julius Hochfelder for admission to the bar. No opinion. Application granted.

ZAMPINO v. BRUCKNER et al. (Supreme Court, Appellate Division, First Department. October 18, 1907.) Action by Pasquallo Zampino against John A. Bruckner and another. No opinion. Motion granted, with $10 costs. Order filed.

ZOLOTOROFE, Respondent, v. SACODER, Appellant. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Louis Zolotorofe against Joseph Sacoder.

PER CURIAM. Motion to dismiss appeal granted, with costs, unless the appellant perfect the appeal within 20 days and pay the respondent $10 costs. On compliance, motion to dismiss the appeal will be denied, and the case placed at the foot of the present calendar.

BARBER V. BARNUM et al. (Supreme Court, Appellate Division, Third Department.

MCLAUGHLIN v. COLLINS BUILDING & CONSTRUCTION CO. et al. (Supreme Court, Appellate Division, First Department. May, 1907.) Action by Charles McLaughlin against the Collins Building & Construction Company and others. No opinion. Motion denied, with $10 costs.

In re ROBERTS. (Supreme Court, Appellate Division, First Department. May, 1907.) In the matter of Frederick R. Roberts. No opinion. Motion to dismiss appeal granted, with $10 costs.

RUDD v. McCLEAN ARMS & ORDNANCE Co. (two cases). (Supreme Court, Appellate Division, First Department. May, 1907.) Action by Henry W. Rudd against the McClean Arms & Ordnance Company. No opinion. See memorandum.

END OF CASES IN VOL. 106.

INDEX.

ABANDONMENT.

Of bastard child, see "Bastards," § 2.

ABATEMENT.

Of nuisance, see "Nuisance," § 1.

ABATEMENT AND REVIVAL.

Election of remedy, see "Election of Remedies."
Judgment as bar to another action, see "Judg-
ment," § 4.

Right of action by or against personal repre-
sentative, see "Executors and Administra-
tors," § 5.

§ 1. Another action pending.

*Assignee of a mortgage, the validity of which
was involved in two actions then pending, held
not entitled to maintain an action to fore-
close the same, but that it should be left to its
remedy in the actions then pending against its
assignor.-City Real Estate Co. v. MacFarland
(Sup.) 333, 335.

ABUTTING OWNERS.

Assessments for expenses of public improve-
ments, see "Municipal Corporations," § 4.
Compensation for taking of or injury to lands
or easements for public use, see "Eminent
Domain," § 1.

Rights in streets in cities, see "Municipal Cor-
porations," § 6.

ACCEPTANCE.

By landlord of surrender of possession of de-
mised premises, see "Landlord and Tenant,"
§ 4.

Of dedication, see "Dedication," § 1.

ACCIDENT.

Computation of limitations in action for ac-
counting by executor, see "Limitation of Ac-
tions," § 1.

Examination of parties in action for account-
ing, see "Discovery," § 1.

Accounting by particular classes of persons.
See "Executors and Administrators," §§ 5, 6;
"Receivers," § 4.

Partners, see "Partnership," § 2.
Trustee, see "Trusts," § 3.

1. Proceedings and relief.

Plaintiff, after filing a complaint showing
that he is entitled to an accounting, may obtain
an interlocutory judgment that defendant file
an account.-Pierce v. McLaughlin Real Estate
Co. (Sup.) 28.

ACTION.

Abatement, see "Abatement and Revival."
Bar by former adjudication, see "Judgment,"
$ 4.

Election of remedy, see "Election of Remedies."
Jurisdiction of courts, see "Courts."
Limitation by statute, see "Limitation of Ac-
tions."

Malicious actions, see "Malicious Prosecution."
Pendency of action, see "Abatement and Re-
vival." § 1; "Lis Pendens."

Restraining action at law, see "Injunction," § 2.
Actions between parties in particular relations.
See "Master and Servant," §§ 1, 8-11.
Bailor and bailee, see "Bailment."
Co-tenants, see "Partition." § 1.
Partners, see "Partnership," § 2.

Actions by or against particular classes of

persons.

See "Carriers," §§ 2, 3; "Corporations," § 5;
"Executors and Administrators," § 5; "Hus-
band and Wife," § 2; "Indians"; "Munic-
ipal Corporations." § 7; "Principal and
Agent," § 1: "Railroads," § 4; "Receivers,"
§ 3; "Street Railroads," § 2.

Cause of personal injuries, see "Negligence," Assignees, see "Assignments," § 2.
§ 1.

ACCORD AND SATISFACTION.

See "Compromise and Settlement"; "Payment."

ACCOUNT.

National bank, see "Banks and Banking," § 2.

Particular causes or grounds of action.
See "Bills and Notes," § 2; "Costs." § 6;
"Death," § 1; "Fraud," § 2; "Insurance,'
$5; "Libel and Slander," § 3; "Malicious
Prosecution," § 2: "Money Paid"; "Money
Received":"Negligence," § 3; "Trespass";
"Work and Labor."

Accounting as to royalties under patent, see Bond of indemnity against mechanic's lien, see
"Patents," § 1.

"Mechanics' Liens," § 4.

*Point annotated. See syllabus.

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and 140 New York State Reporter

Breach of contract, see "Contracts," § 6; "Sales," § 4.

Breach of contract for transportation and delivery of shipment, see "Carriers," § 2. Breach of liquor tax certificate bond, see "Intoxicating Liquors," § 2.

Breach of warranty, see "Sales," § 4. Compensation of broker, see "Brokers," § 3. Death of animal caused by operation of railroad, see "Railroads," § 5.

Death of passenger, see "Carriers," § 3.

Death of servant, see "Master and Servant," §§ 10, 11.

Infringement of trade-mark or trade-name, see "Trade-Marks and Trade-Names," § 3. Injuries from overflow, see "Waters and Water Courses," § 2.

Loss of passenger's effects, see "Carriers," § 3. Necessaries furnished wife, see "Husband and Wife," § 2.

Negligent construction of railroad culvert, see "Railroads," § 4.

Personal injuries, see "Carriers," § 3; "Master and Servant," §§ 8-11; "Municipal Corporations," 87; "Railroads," § 5; Street Railroads," § 2.

Price of goods, see "Sales," § 3.

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Price of land, see "Vendor and Purchaser," § 5. Receiver's bond, see "Receivers," § 5. Recovery of deposit on purchase price of land, see "Vendor and Purchaser," § 4. Recovery of price paid for land, see "Vendor and Purchaser," § 6.

Services, see "Master and Servant," § 1; "Work and Labor."

Unfair competition in trade, see "Trade-Marks and Trade-Names," § 3.

Wages, see "Master and Servant," § 1.

dicial Sales"; "Jury"; "Limitation of Actions": "Motions"; "Parties"; "Pleading": "Process"; "Reference"; "Trial"; "Venue." Bill of particulars, see "Pleading," § 7. Default, see "Judgment," § 1. Nonsuit, see "Trial," § 4. Verdict, see "Trial," § 5.

Particular remedies in or incident to actions. See "Arrest," § 1; "Bail," § 1; "Deposits in Court"; "Discovery"; "Injunction"; "Receivers"; "Tender."

Appointment of receiver for corporation, sea "Corporations," § 6.

Notice of pendency of actions, see "Lis Pendens."

Stay of proceedings, see "Appeal,” § 5.

Proceedings in exercise of special or limited jurisdictions.

Courts of limited jurisdiction in general, see
"Courts," § 3.
Criminal prosecutions, see "Criminal Law."
Review of proceedings.

See "Appeal"; "Certiorari"; "Justices of the
Peace," § 2; "New Trial."

§ 1. Joinder, splitting, consolidation, and severance.

*Where substantial damage is alleged and judgment demanded therefor, such damage is not incidental to the equitable cause of action for an injunction also alleged.-Duclos v. Kelley (Sup.) 1058.

*A cause of action for trespass and an equitable cause of action for injunction to prevent further trespass may be joined.-Duclos v. Kel

Wrongful payment by bank of forged check, ley (Sup.) 1058. see "Banks and Banking," § 2.

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Annulment of marriage, see "Marriage."

Compelling transfer of licenses after dissolution of corporation, see "Corporations," § 8.

ACTION ON THE CASE.

See "Trespass," § 2.

ADEQUATE REMEDY AT LAW.

Effect on jurisdiction of equity, see "Injunetion," § 1.

Effect on jurisdiction of equity to restrain unlawful combination, see "Monopolies," § 1.

ADJOINING LANDOWNERS.

Determination of adverse claims to real prop- See "Boundaries."

erty, see "Quieting Title."

Enforcement or foreclosure of lien, see "Mechanics' Liens," § 3.

Establishment of will, see "Wills," § 4. Foreclosure of mortgage, see "Building and Loan Associations"; "Mortgages," § 3. Recovery of mortgaged property, see "Chattel Mortgages," § 2.

Removal of cloud on title, see "Quieting Title." Setting aside will, see "Wills," § 4.

Particular proceedings in actions. See "Continuance"; "Costs"; "Damages": "Depositions"; "Dismissal and Nonsuit" "Evidence"; "Execution"; "Judgment"; "Ju

ADJUDICATION.

Of courts in general, see "Courts," § 2. Operation and effect of former adjudication, see "Judgment," §§ 4, 5.

ADMINISTRATION.

Of estate assigned for benefit of creditors, see "Assignments for Benefit of Creditors," § 1. Of estate of decedent, see "Executors and Administrators."

*Point annotated. See syllabus.

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