JUSTICES OF THE PEACE. See Appeal, § 1074; Courts, § 30. IV. PROCEDURE IN CIVIL CASES. $873, 74 (N.Y.Co.Ct.) A motion for a change of justices under Code Civ. Proc. § 3151, on the ground that the defendant expected to prove by the justice that the plaintiff stated he had no cause of action, held insufficient. Davis v. O'Day, 137 N. Y. S. 411. A justice's order denying a motion for a change of justices, which stated that the present justice was not a material witness, as set forth in the defendant's affidavit, held not insufficient for containing in addition the unsworn statement of the justice that the matters contained in the affidavit were not true.-Id. 881 (N.Y.Co.Ct.) Under Const. 1869, art. 6, § 18, and Amsterdam City Charter, § 50, service of process issued from a justice of the city within the county held sufficient.-Davis V. O'Day, 137 N. Y. S. 411. § 82 (N.Y.Co.Ct.) A return by an officer of a summons from a justice court showing service on the defendant, but not stating where servicè was made, prima facie confers jurisdiction on the justice.-Davis v. O'Day, 137 N. Y. S. 411. § 84 (N.Y.Co.Ct.) A general appearance before a justice and interposition of such defenses as the defendant had held not a waiver of an objection to a refusal of the justice to change justices on special appearance.-Davis v. O'Day, 137 N. Y. S. 411. appliances and supply heat and water, and may omit such service pending necessary repairs, on failure, notwithstanding constant efforts at repairs, to supply heat, must reconstruct the plant or introduce a new one.-Ollwerter v. Escher, 137 N. Y. S. 881. (E) Injuries from Dangerous or Defective Condition. faith leased his entire building to a lessee, who § 164 (N.Y.Sup.) A landlord, who in good agreed to keep the premises in good repair at subtenant of a room in a building, caused more his own cost, is not liable for injuries to a than a year later by a defective floor.-Jenkins v. Gruen, 137 N. Y. S. 853. § 168 (N.Y.Sup.) A landlord cannot escape liability for injury to a tenant, caused by ed by Tenement House Law, § 21, because she treads on cellar stairs not of the width requir did not carry a light with her; the accident occurring on her first use of the stairs, which she had a right to assume were constructed as required by law.-Phelps v. Kaufman, 137 N. Y. S. 345. § 169 (N.Y.Sup.) In an action against a landlord for injuries to a third person by falling on stairs at a place where the light was inadequate, held, that his negligence in descending without holding to the railing was a question for the jury.-Downs v. Brown Realty Co., 137 N. Y. S. 327. $169 (N.Y.Sup.) That application for erection of a building was filed in the tenement house department of New York City, and a violation was filed against its use without a cer§ 107 (N.Y.Sup.) A defendant in justice's tificate, shows that the building was within court is, under Code Civ. Proc. § 2961, enti- Tenement House Law, § 21, which fixes the ditled absolutely to an adjournment for a reason-mensions of treads on stairs.-Phelps v. Kaufable time, when applied for at the time of the man, 137 N. Y. S. 345. joinder of issues, and, unless plaintiff so requires, he need not make the affidavit nor give the undertaking provided for by the statute.Molinski v. Burnett, 137 N. Y. S. 259. JUSTIFICATION. See Libel and Slander, § 94. KNOWLEDGE. See Evidence, § 65; Vendor and Purchaser, §§ 228, 229. LACHES. snow in front of an apartment house, and that § 169 (N.Y.Sup.) Proof that there was ice and a tenant, upon leaving it, slipped upon the ice and was injured, and that she afterwards accused the janitor of having thrown soapy water on the sidewalk, does not establish any cause of action.-Pearlman v. Wahlig & Sonsin Co., 137 N. Y. S. 876. VIII. RENT AND ADVANCES. (A) Rights and Liabilities. § 186 (N.Y.Sup.) Where a municipal corpora tion, after the expiration of a lease, continued See Depositions; Injunction, § 113; Mortgages, in possession, it was liable for rent, in the ab$8 425, 559. LANDLORD AND TENANT. See Accord and Satisfaction, $$ 4, 27; Brokers, § 63; Contracts, § 303; Evidence, 444; Joint Adventures, § 5; Judgment, 553; Life Estates, § 25; Mechanics' Liens, 73. VII. PREMISES, AND ENJOYMENT AND USE THEREOF. (D) Repairs, Insurance, and Improvements. § 152 (N.Y.Sup.) A landlord, stipulating that he will maintain proper heating and hot water sence of allegation and proof of eviction, though possession was somewhat interfered with.-Lar sen v. City of New York, 137 N. Y. S. 144. (B) Actions. § 231 (N.Y.Sup.) In an action for rent, in which defendant counterclaimed for false representations, defendant's uncontradicted testimony held to entitle him to judgment.-Hatasatah Realty Co. v. Gulick, 137 N. Y. S. 787. § 231 (N.Y.Sup.) In an action on a lease against the guarantor of the lessee for unpaid rent, the burden is upon the defendant to establish that an act of eviction set up as a defense was done by the landlord, or under his authority.-Katz v. Alvord, 137 N. Y. S. 870. IX. RE-ENTRY AND RECOVERY OF LETTERS. LIBEL AND SLANDER. $295 (N.Y.Sup.) Code Civ. Proc. § 2256, held See Insurance, § 558. not so far self-executing as to reinstate a dispossessed tenant on compliance with its terms, especially where the landlord has relet; section 2256 being properly construed with section 2259.-Terwilliger v. Browning, King & Co., 137 N. Y. S. 572. § 297 (N.Y.Sup.) A landlord held not entitled to institute summary proceedings for the removal of a tenant before the end of the term without exercising an option to forfeit for breach of covenant before their institution. Fifth Ave. Bldg. Co. v. Potaras, 137 N. Y. S. 896. A provision of a lease that the tenant waives a right to notice of legal proceedings held not to forego the necessity for the exercise of an option to terminate for breach of a covenant before the landlord could bring summary proceedings to oust the tenant as one holding over. -Id. § 314 (N.Y.Sup.) The provisions under Code Civ. Proc. § 2256, 2259, for a redemption of premises by a dispossessed tenant, subject to occupancy by a new tenant, which may be terminated, do not prevent the landlord from reletting the premises and making reasonable alterations to accommodate the new tenant.-Terwilliger v. Browning, King & Co., 137 N. Y. S. 572. A dispossessed tenant, on obtaining an order, under Code Civ. Proc. §§ 2256, 2259, directing that he be let into possession on paying a specified amount, after the premises had been relet and altered, to the disadvantage of the purposes for which the dispossessed tenant used them, gave him no greater right against the landlord than a lease would have given; the burden being on him, and not the landlord, to oust the new tenant.-Id. See Pleading, § 129. I. WORDS AND ACTS ACTIONABLE, A publication, when the American Sugar Refining Company, its officers, and employés were charged with defrauding the government by tampering with scales, that plaintiff was the inventor of a corset steel spring device, which was shown to an official of the sugar company, fairly charges plaintiff with an offense against Rev. St. U. S. §§ 5440, 5445 (U. S. Comp. St. 1901, pp. 3676, 3678), and Act Cong. June 10, 1900, § 9.-Id. § 16 (N.Y.Sup.) A publication held to impute to plaintiff a vicious act, tending to diminish his respectability and impair his comfort by the attendant disgrace and contempt.-O'Connell v. Press Pub. Co., 137 N. Y. S. 332. IV. ACTIONS. (B) Parties, Preliminary Proceedings, and Pleading. § 94 (N.Y.Sup.) Justification held to be as broad as the alleged libel, and sufficient.-Tully v. New York Times Co., 137 N. Y. S. 962. A justification in libel must be as broad as the libel.—Id. LICENSES. An order, under Code Civ. Proc. $$ 2256, 2259, in a redemption proceeding brought by a dispossessed tenant, held subject to enforce- See Certiorari; Intoxicating Liquors, § 154; ment in an equitable action.-Id. A dispossessed tenant, in suing to enforce an order in a redemption proceeding, brought under Code Civ. Proc. §§ 2256, 2259, is not entitled to recover for use and occupation by the landlord, if that relief is not relied upon by the complaint.-Id. LARCENY. Theaters and Shows. I. FOR OCCUPATIONS AND PRIVI- $1 (N.Y.Sup.) A license is a permission to do something.-l'eople ex rel. Moses v. Gaynor, 137 N. Y. S. 196. $22 (N.Y.Sup.) Under General City Law, § 44, subd. 2, and sections 45, 46, a master plumber, having passed an examination and secured See Corporations, § 123; False Pretenses; Re- a certificate in F., and having removed to S., ceiving Stolen Goods. LEGACY TAX. LEASE. See Taxation, §§ 860, 876. was not entitled to registration without having first passed a new examination before the plumbers' board at S.-People ex rel. Lavier v. Hessler, 137 N. Y. S. 664. § 39 (N.Y.Sup.) Where a license to operate a moving picture show is unnecessary, one may conduct his business without a license, and maintain actions for trespass, or perhaps in equity, against those interfering therewith.In re Whitten, 137 N. Y. S. 360. II. IN RESPECT OF REAL PROP ERTY. $60 (N.Y.Sup.) Where one erecting a sawmill on state land adjacent to the Erie Canal For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER was permitted to maintain and operate it for over 30 years, unmolested by the state, he became a licensee, and his rights could be terminated without compensation only by giving him a reasonable notice to remove the property.Watson v. Empire Engineering Corporation, 137 N. Y. S. 231. LIENS. See Attorney and Client, §§ 190, 192; Judgment, 563; Livery Stable Keepers, § 8; Mechanics' Liens; Mortgages; Municipal Corporations, § 373; Vendor and Purchaser, § 229; Wills, § 732. LIFE ESTATES. See Executors and Administrators, § 298; Wills, §§ 15, 597, 614, 687. § 15 (N.Y.Sur.) What is "income" from capital stock, to which a life tenant is entitled under a will, as distinguished from "principal," to which the remainderman is entitled, defends largely on testator's presumed intention.-In re Bunker's Estate, 137 N. Y. S. 104. A transfer of assets by a railway company to a trustee and subsequent issue of participation certificates by the trustee do not constitute a "dividend" on stock, so as to entitle a life tenant under a stockholder's will to it as against the remainderman.-Id. $25 (N.Y.Sup.) A lease given by a life tenant terminated at the option of remaindermen on the landlord's death.-Hinton v. Bogart, 137 N. Y. S. 697. Forfeiture of lease given by a life tenant at her death held waived by the receipt of rent thereafter by remaindermen.-Id. Where certain remaindermen continued to receive rent from the lessee of the life tenant after the life tenant's death without dispossession, the relation of landlord and tenant was not interrupted, and the tenant was liable under the original contract.-Id. LIMITATION OF ACTIONS. II. COMPUTATION OF PERIOD OF LIMITATION. (A) Accrual of Right of Action or Defense. $60 (N.Y.Sup.) An action to quiet title and remove a cloud thereon, and incidentally to enjoin defendant's interference with plaintiff's lands under water, by reason of its nature, is Gamble Mfg. Co., 137 N. Y. S. 737. not barred by limitations.-Dooley v. Proctor & (C) Personal Disabilities and Privileges. § 72 (N.Y.Sup.) The 10-year statute of limitation against an action to set aside a judgment held to begin to run from the time of the sale of the property, and not from the date of of action would be extended only one year after the majority of infant defendants, whose right their majority by Code Civ. Proc. § 396.-Ford v. Clendenin, 137 N. Y. S. 54. (H) Commencement of Action or Other Proceeding. $120 (N.Y.Sup.) The running of the limitation of actions against New York City by Greater New York Charter (Laws 1901, c. 466) § 261, as amended by Laws 1906, c. 550, held not suspended, under the terms of Code Civ. Proc. § 405, by the commencement of an action in the City Court, which had no jurisdiction. Gaines v. City of New York, 137 N. Y. S. 964. LIQUOR SELLING. See Intoxicating Liquors. LIS PENDENS. § 22 (N.Y.Sup.) Code Civ. Proc. § 1671, held terest in the property therein described superinot to give a party filing a lis pendens an inor to the rights of another under an unrecorded deed, who was not made a party to the action.-Nugent v. Foley, 137 N. Y. S. 705. $24 (N.Y.Sup.) Under Code Civ. Proc. § 1671, held, that service of an answer by a junior mortgagor in mortgage foreclosure, setting See Adverse Possession; Executors and Ad- up a right to require plaintiff to sell a lot on ministrators, § 213; Mortgages, § 561. I. STATUTES OF LIMITATION. (B) Limitations Applicable to Particular Actions. § 39 (N.Y.Sup.) An action to have a judgment and sale adjudged null and void for want of jurisdiction, or to impeach such sale for constructive fraud in the purchase by a trustee, held subject to the 10-years limitation prescribed by Code Civ. Proc. $$ 388, 396.-Ford v. Clendenin, 137 N. Y. S. 54. Though partition or ejectment might be maintained to recover land which was the subjectmatter of a judgment, held, that the 10-year limitation prescribed by Code Civ. Proc. § 388, for proceedings not specially provided for, applied to an action to set it aside for want of jurisdiction over the subject-matter.-Id. The 10-year limitation prescribed by Code Civ. Proc. 388, applies to an action to set aside a judgment, invalid because rendered without jurisdiction of the parties defendant.-Id. which the junior mortgagor had no security, operated as notice to a purchaser of that lot; lis pendens having been filed.-Hubbard v. Lydecker, 137 N. Y. S. 714. LIVERY STABLE KEEPERS. $7 (N.Y.Sup.) Where plaintiff delivered to defendant for storage in his garage an auto body in apparently good condition, and the same, when returned nearly three years later, was broken and the upholstery moth-eaten, and an expert proved that by the usual methods the body would not have been damaged to the extent that it was damaged, there was a prima facie case of negligence of defendant, who, to escape liability, must prove freedom from negligence.-Wimpfheimer v. A. T. Demarest & Co., 137 N. Y. S. 908. §8 (N.Y.Sup.) A garage keeper, who had actual possession of taxicabs kept in his garage, had a lien thereon, unless it was barred by a former judgment.-Cuneo v. Freeman, 137 N. Y. S. 885. II. SUBJECTS AND PURPOSES OF (B) Acts and Proceedings of Public Offi- state's moral obligation to the nation, and a § 118 (N.Y.Sup.) The only remedy, where col- § 148 (N.Y.Sup.) Private citizens were prop- § 172 (N.Y.Sup.) Under an order to show § 181 (N.Y.Sup.) Where, in mandamus, is- § 187 (N.Y.Sup.) The comptroller of the city MARRIAGE. See Divorce; Husband and Wife; Wills, § MARSHALING ASSETS AND SE- §76 (N.Y.Sup.) Where the position of fore- § 81 (N.Y.Sup.) Laws 1909, c. 255, relating For cases in Dec. Dig. & Am. Dig. Key No. Series & MASTER AND SERVANT. See Appeal. § 1066; Death, § 99; Injunction, Indexes see same topic and section (§) NUMBER I. THE RELATION. (A) Creation and Existence. §3 (N.Y.Sup.) In an action for services, it is 86 (N.Y.Sup.) Evidence held to warrant a 89 (N.Y.Sup.) That a salesman held over aft- II. SERVICES AND COMPENSATION. That a servant, in leaving his employment, § 80 (N.Y.Sup.) Where, in an action for serv- III. MASTER'S LIABILITY FOR IN- (B) Tools, Machinery, Appliances, and §§ 101, 102 (N.Y.Sup.) A master need use on- $$ 101, 102 (N.Y.Sup.) A master need not pro- § 107 (N.Y.Sup.) A master, operating a cop- ing grade.-Kwiatkowski v. Nichols Copper Co., $116 (N.Y.Sup.) A plank extended between § 117 (N.Y.Sup.) A "stiff-leg derrick" used in $121 (N.Y.Sup.) The requirement, under La- Machinery, permitted to remain unguarded, in § 121 (N.Y.Sup.) Labor Law, § 20, requiring $129 (N.Y.Sup.) Any absence of lights was $129 (N.Y.Sup.) In an action for the death (C) Methods of Work, Rules, and Orders. (D) Warning and Instructing Servant. $150 (N.Y.Sup.) In an action for death of |