frame of action was

368.

different. impeached by action for neglect

Herrington v. Robertson, 7 Hun, or misconduct of attorney. Smith
v. Nelson, 62 N. Y. 286.
Not to be impugned by party

Entry of, on demurrer to answer
as to part of complaint. Brevoort who entered it, to defeat motion
v. Brevoort, 40 Super. Ct. (J. & S.) to vacate it.

211.

7 Hun, 93.

Towle . De Witt,

Proper judgment where a de- Costs of order vacating judg
murrer to one of several defenses ment. Wehle v. Bowery Savings'
is sustained. Murphy v. Allerton, Bank, 40 Super. Ct. (J. & S.) 161.
7 Hun, 650.
Construction of warranty of

Effect of, without personal ser- judgment. Bennett v. Buchan, 61
vice of process.
Gibbs v. Queen N. Y. 222; modifying in part, 50

Ins. Co., 63 N. Y. 114.

Barb. 578; S. C., 5 Abb. Pr. N. S.

Effect of offer of judgment in 412.
foreclosure. Bathgate v. Haskin,

63 N. Y. 261.

JUDICIAL ACTS.

What are, as distinguished from

Effect of offer to allow judg-
ment in mechanic's lien case. ministerial. Youmans ». Simons,
Lumbard v. Syracuse, B. & N. Y. 7 Hun, 466.

R. R. Co., 62 N. Y. 290.

Not void because entered after
injunction. Platt v. Woodruff, 61

N. Y. 378.

Judgment need not be signed
by judge. De Laney v. Blizzard,
7 Hun, 66.

JUDICIAL SALE.

Title of purchaser not affected
by error in judgment. Morgan ..
Crocker, 62 N. Y. 626; rev'g 3
Sup'm. Ct. (T. & C.) 301.
Liability of purchaser who has

Relief exceeding demand, irreg- refused to complete purchase.
ular, on default. Andrews v. Ruhe v. Law, 8 Hun, 251.
Monilaws, 8 Hun, 65.

Purchaser with knowledge of

If broader than the evidence, defect, not discharged. Fryer.
how corrected. Campbell v. Sea- Rockefeller, 63 N. Y. 268; affi'g
man, 63 N. Y. 569; affi'g 2 Sup'm. 4 Hun, 800.

Ct. (T. & C.) 231.

No fees to auctioneer for servi-
Relief for perjury in action, to ces on adjournment of sale by
be applied for in action itself. referee. Ward v. James, 8 Hun,
Ross v. Wood, 8 Hun, 185.

Postponed to subsequent mort-
gage given to secure antecedent
debt. Nat. Bank of Norwalk v.
Lamer, 7 Hun, 623.

526.

JURISDICTION.

Not acquired by long exercise.
Van Loon v. Lyons, 61 N. Y. 22;
In action for accounting, judg-rev'g 4 Daly, 149.
ment may be docketed. Geery
v. Geery, 63 N. Y. 252.

Of action by assignee in bank.
ruptcy. Frost v. Hotchkiss, Ante,

In what case judgment may be 27.

Of special proceeding against When security on appeal to
unsafe building. Matter of an Un-county
court jurisdictional.
Kuntz v. Licht, 8 Hun, 14.

safe Building, Ante, 464.

Of actions against foreign cor- A refusal to dismiss appeal when
porations. Gibbs v. Queen Ins. security has not been filed, appeal-
Co., 63 N. Y. 114.
able. Ib.

Of superior city courts: waiver Costs on appeal from justice's
of objection. Brauneck v. Knick-court. Groux v. McCrum, 7 Hun, 8.
erbocker Life Ins. Co., Ante, 393. Costs on appeal from; the
Of State court to partition ship-requisites of notice. Bigsby v.
ping. Andrews v. Betts, 8 Hun, 322. Warden, 62 N. Y. 27.

LANDLORD AND TENANT.

Relation of several assignees of
parts of premises. Woodhull v.
Rosenthal, 61 N. Y. 382.

Easement acquired by tenant
inures to landlord's benefit. Demp-
sey v. Kipp, 61 N. Y. 462; rev'g

Alias summons. People ex rel.
Ellinghausen v. Leask, Ante, 299.
Amendment of answer during
trial. Leonard v. Foster, 7 Hun, 62 Barb. 311.
464.

Liability of owner of premises
Requisite of affidavit for attach- affected by nuisance at time of
ment. Clearwater v. Brill, 61 N. leasing, for injury to third person
Y. 625; followed in 63 Id. 627. caused thereby, though negligence
Default in summary proceed- of tenant contributed thereto.
ings. Mordant v. Niles, Ante, 300. Walsh v. Mead, 8 Hun, 387.
Eight days for judgment: Sun-

Liability of landlord in the case

day. Ready Roofing Co. v. Cham- of adjacent excavation. White v.
berlin, Ante, 192.

Form of judgment in replevin;

who may take advantage of error

Mealio, 63 N. Y. 609; rev'g 37
Super. Ct. (J. & S.) 72.

Liability for injury upon fire es-

in. Haight v. Haight, 7 Hun, 87. cape. McAlpin v. Powell, Ante, 427.

Remedy of tenant on agreement surety. Morgan. Smith, 7 Hun,
to pay value of buildings. Paine 244.

v. Rector, &c. of Trinity Church,

7 Hun, 89.

LEAVE OF COURT.

Action by tenant for fraud and Lease to nol. pros. is an adjudi-
Bebinger v. cation. Moulton v. Beecher, Ante,

abuse of process.

Effect of direction of postpone-

ground. Ogden v. Jennings, 62 ment of payment of legacy until

N. Y. 526; affi'g 66 Barb. 301.

Distinction between sub-lease

and assignment. Woodhull v.
Rosenthal, 61 N. Y. 382.

No surrender of, by parol re-
duction of rent. Coe v. Hobby, 7
Hun, 157.

settlement of account. Gilman .
Gilman, 63 N. Y. 41; affi'g 6
Sup'm. Ct. (T. & C.) 211,

LEGALITY.

Includes constitutionality. Mat-

Renewal of; inures to benefit of ter of Donohue, Ante, 1.
firm. Mitchell v. Reed, 61 N. Y.
123; rev'g 61 Barb. 310.

What is attornment, and its ef-
fect. Austin v. Ahearne, 61 N.

Y. 6.

Guarantor not necessarily dis-
charged by surrender or destruc-
tion. Kingsbury v. Westfall, 61
N. Y. 356.

LEGATEES, &c.

In what case liable in action for
debt of decedent. Selover . Coe,
63 N. Y. 438.

LIBEL.

Advertisement of caution to
persons seeking a boarding-house.

Defense to action upon, because Wallace v. Bennett, Ante, 478.

possession of entire premises not
given. McKinney v. Holt, 8 Hun,
336.

LICENSE.

By one of several executors.

Tenants' remedy on landlord's Partridge v. Eaton, 63 N. Y. 482;
breach of Covenant to repair. affi'g 5 Sup'm. Ct. (T. & C.) 625;
Hexter v. Knox, 63 N. Y. 561; S. C., less fully, 3 Hun, 533.
affi'g 39 Super. Ct. (J. & S.) 109.

Lessee sued jointly with surety.

Decker v. Gaylord, 8 Hun, 110.

LIMITATIONS.

On contract made out of the

Right of surety on lease, to off- State, residence in State for period
set damages to tenant; what of limitation must be proved.
agreement between lessor and les- Mayer v. Friedman, 7 Hun, 218.
see operates as discharge of Of action for relief against nui-

sance.

Campbell v. Seaman, 63| Probable cause, when a question
N. Y. 568; affi'g 2 Sup'm. Ct. (T. for jury. Fagan v. Knox, Ante,
& C.) 231.
246.

Of action on judgment of an- Advice of counsel, &c., malice.
other State. Miller v. Brenham, 7 Thompson v. Lumley, Ante, 254.
Hun, 330.

MANDAMUS.

No deduction made for idiocy
of debtor : effect of death of
debtor. Sanford v. Sanford,
N. Y. 553; affi'g 2 Пun, 94.
Effects of statutes as to limita-
tions as affected by disability of rogate.
coverture. Cleveland v. Crawford, Coffin, 7 Hun, 608.
7 Hun, 616.

Distinction between judicial and
62 ministerial acts. People ex rel.
Sinnott v. Shea, 7 Hun, 303.

Nuisance in navigable stream.
De Laney v. Blizzard, 7 Hun, 7.

When cannot issue against sur-
People ex rel. Wright v.

Motion for; where to be made.
Mason v. Willers, 7 Hun, 23.

Mandamus to enforce issue of

Acknowledgment of debt; to alias summons. People ex rel.
Wintertone. Win-Ellinghausen v. Leask, Ante, 299.

whom made.

terton, 7 Hun, 230.

When begins to run against

action to charge trustees of cor-
poration.

MANUFACTURING COM-
PANIES.

Jones v. Barlow, 62 Manufacturing corporations'
N. Y. 202; rev'g 38 Super. Ct. (J. right to mortgage-right to take
& S.) 142.
back mortgage on sale of land;
Deduction for time when trus-power to advance money and take
teeship was vacant. Dunning v. mortgage. Greenpoint Sugar Co.
Ocean Nat. Bank, 61 N. Y. 497; v. Kings Co. Manuf. Co., 7 Hun,
affi'g 6 Lans. 296.

LIS PENDENS.

44.

Annual report must be filed,
though business has not been com-

Effect of, as to tax sale. Brown menced. Jones v. Barlow, 62 N.
v. Goodwin, Ante, 452.

MALICIOUS PROSECUTION.

Y. 202; rev'g 38 Super. Ct. (J. &
S.) 142.

Liability of trustees for failure

What is termination of the to publish annual reports. Effect
prosecution: cases of all classes of extending time of payment of
collected. Moulton v. Beecher, debt. Cameron v. Seaman, 7 Hun,
Ante, 193.

601.

Probable cause for charging Managing agent not a ser-
forgery. Heyne v. Blair, 62 N. vant." Hill v. Spencer, 61 N. Y.
Y. 19; rev'g 3 Sup'm. Ct. (T. &274; rev'g 38 Super. Ct. (J. & S.)
C.) 263.
304.

Settlement as for debt, does not Mode of filling vacancy in.
bar prosecuting for embezzling. People ex rel. Sinnott v. Shea, 7
Fagan v. Knox, Ante, 246.
Hun, 303.

Holders of stock issued for to servant. Gibson v. Erie Rail-
property, when liable to creditors; way Co., 63 N. Y. 449; rev'g 5
what is over-valuation. Boynton Hun, 31.

v. Andrews, 63 N. Y. 93.

Liability of master for injuries
Construction of individual lia- to servant relying on his repre-
bility clauses: report as to stock sentations. Span v. Ely, 8 Hun,
paid in. Whitney Arms Co. v.255.

Barlow, 63 N. Y. 62; rev'g 38 Prosecution of servant for em-
Super. Ct. (J. & S.) 554, on ques- bezzlement after settlement.
tion of sufficiency of report. Fagan v. Knox, Ante, 246.

Individual liability in. Meriden
Tool Co. v. Morgan, Ante, 125 n.;
Harris v. Norvell, Id. 127.

MAYHEM.

What deliberation must be
Godfrey v. People, 63

Created by certificate and user; shown.
liability of trustees, &c. De N. Y. 207; rev'g 5 Hun, 369.
Witt v. Hastings, 40 Super. Ct. (J.

& S.) 463.

MECHANIC'S LIEN.

For what debts trustees may be Mechanic's lien cannot be en-
chargeable. Jones v. Barlow, 62 forced against public property of
N. Y. 202; rev'g 38 Super. Ct. (J. municipal corporation. Leonard

& S.) 142.

v. Reynolds, 7 Hun, 73.

Title of owner of fee not af-
fected by, for materials furnished
without his consent to vendee in
possession under executory con-
Matter tract. Craig v. Swinerton, 8 Hun,

Remedy against trustees for di-
viding capital. Excelsior Petro-
leum Co. v. Lacey, 63 N. Y. 422.
Sale of assets of, on dissolution,
when trustees disagree.
of Woven Tape Skirt Co., 8 Hun, 144.

508.

MARINE COURT.

Power as to supplementary pro-

Construction and effect of
Kings and Queens county law.
Hackett v. Badeau, 63 N. Y. 476.
Purchaser in possession has no

ceedings. Holbrook v. Orgler, 40 estate under Kings and Queens

Conklin v. Bauer, 62

Foreclosure under New York
act not an action; abates by
Banker death. Leavy v. Gardner, 63

v. Banker, 63 N. Y. 409; affi'g 4 N. Y. 624.

Hun, 259.

Effect of failure to serve bill of

Evidence of change of concubin- particulars in action to foreclose.

age into matrimony.

Foster v. Norcott v. First Baptist Church of

Hawley, 8 Hun, 68.

MASTER AND SERVANT.

Rome, 8 Hun, 639.

Verification of bill of particu-

lars on foreclosure of. Grey .

Master, when liable for injuries Voorhis, 8 Hun, 612.