INDEX.

ABANDONMENT.

Of easement, see "Easements," § 1.
Of highway, see "Highways," § 1.

Of husband or wife as ground for divorce, see
"Divorce," § 1.

ABATEMENT AND REVIVAL.

udgment as bar to another action, see "Judg-
ment," § 5.

Right of action by or against personal repre-
sentative, see "Executors and Administra-
tors," § 6.

upplemental pleading on revival of action, see
"Pleading," § 4.

ABDUCTION.

1. Prosecution and punishment.
*On a prosecution where intent constitutes
essential element of the crime, held, that evi-
-nce of defendant's conduct. prévious to the
me alleged is admissible to show it.-People v.
priggs (Sup.) 539.

ABUTTING OWNERS.

ompensation for taking of or injury to lands
or easements for public use, see "Eminent
Domain," § 1.

ghts in highways in general, see "Highways,"
1.

ghts in streets in cities, see "Municipal Cor-
porations," § 3.

ACCIDENT INSURANCE.

e "Insurance," §§ 3, 4, 6, 8.

ACCOMMODATION PAPER.

e "Bills and Notes," § 1.

ACCOMPLICES.

*Where a party accepted a check offered as
full payment for a certain claim, held, that an
accord and satisfaction was established between
the parties.-Williams v. Bienenzucht (Sup.)
438.

ACCOUNT.

Accounting by executor or administrator, see
"Executors and Administrators," § 7.
Copies of accounts alleged or annexed in plead-
ing, see "Pleading," § 6.

Injunction pending accounting, see "Injune-
tion," § 2.

Jurisdiction of municipal court of actions for
share of profits in absence of accounting, see
"Courts," § 3.

Misjoinder of causes of action for accounting
and for damages, see "Action," § 2.

ACCOUNT, ACTION ON.

Copies of accounts alleged or annexed in plead-
ing, see "Pleading," § 6.

ACCRUAL.

Of right of action, see "Limitation of Ac-
tions," § 2.

ACKNOWLEDGMENT.

Of instruments affecting covenants as to prop-
erty sold, see "Covenants," § 2.
Operation and effect of admissions as evidence,
see "Evidence," § 4.

ACTION.

Accrual, see "Limitation of Actions," § 2.
Bar by former adjudication, see "Judgment,"
§ 5.

Jurisdiction of courts, see "Courts."

Limitation by statute, see "Limitation of Ac-
tions."

Malicious actions, see "Malicious Prosecution."
Penal and qui tam actions, see "Penalties," § 1.

structions as to corroboration of testimony of, Pendency of action, see "Lis Pendens."
=ee "Criminal Law," § 5.

ACCORD AND SATISFACTION.

= "Compromise and Settlement"; "Payment."'

104 N.Y.S.-73

Actions between parties in particular relations.
See "Landlord and Tenant," §§ 1, 3; "Master
and Servant," § 5.

Co-tenants, see "Partition," § 1.
Partners, see "Partnership," § 2.
*Point annotated. See syllabus.
(1153)

and 138 New York State Reporter

Actions by or against particular classes of persons.

See "Banks and Banking," § 1; "Carriers," §§
2-4; "Corporations," §§ 1, 4; "Executors
and Administrators,' § 6; "Husband and
Wife," 82; "Master and Servant," § 5;
"Principal and Agent," § 3; "Receivers," § 1;
"States," § 1; "Street Railroads," § 2.
Bailee, see "Bailment."

Foreign corporations, see "Corporations," § 6.
Life tenant, see "Life Estates."

Political associations, see "Elections," § 1.
Remaindermen, see "Remainders."
Stockholders, see "Corporations," § 2.
Trustee in bankruptcy, see "Bankruptcy," § 1.

Particular causes or grounds of action. See "Assault and Battery," § 1; "Bills and Notes," § 3; "Death," 2; "Insurance," § 8; "Libel and Slander,' § 2; "Money Lent"; "Money Paid"; "Money Received"; "Penalties," 1; "Trover and Conversion," § 2; "Waste"; "Work and Labor."

Bond for costs, see "Costs," § 2.

Breach of contract, see "Contracts," § 5;
"Sales," § 2.

Broker's commissions, see "Brokers," § 4.
Death from operation of street railroad, see
"Street Railroads," § 2.

Death of person on highway, see "Highways,"
§ 3.

Death of servant, see "Master and Servant," 85.
Discharge from employment, see "Master and
Servant," § 1.

Enforcement of stockholder's liability, see "Cor-
porations," § 2.

Injuries to property caused by operation of
street railroad, see "Street Railroads," § 2.
Loss of bailed property, see "Bailment."
Loss or injuries to shipment, see "Carriers," § 2.
Penalties for violation of regulations by car-
rier, see "Carriers," § 1.

Personal injuries, see "Carriers," § 4; "Master
and Servant," 85; "Municipal Corporations,"
§ 3; "Railroads," § 2.

Price of goods sold, see "Sales," § 2.
Price of land, see "Vendor and Purchaser," § 3.
Recovery of amount of check wrongfully paid
by bank, see "Banks and Banking," § 1.
Recovery of price paid for goods, see "Sales,"
$ 3.

Refusal of transfer by carrier, see "Carriers," |
§ 4.

Refusal to reissue certificate of corporate stock,
see "Corporations," § 1.

Rent, see "Landlord and Tenant," § 3.
Services, see "Work and Labor."
Subscription to corporate stock, see "Corpora-
tions," § 4.

Taking of or injury to property in exercise of
power of eminent domain, see "Eminent Do-
main," § 2.

Alimony, see "Divorce," § 3; "Husband and
Wife," 3.

Cancellation of written instrument, see “Can-
cellation of Instruments."
Construction of will, see "Wills," § 2.
Dissolution of corporation, see "Corporations.”
§ 5.
Enforcement or foreclosure of lien, see "Me
chanics' Liens," § 4.

Establishment and enforcement of trust, see
"Trusts," 5.

Foreclosure of mortgage, see "Mortgages," } &. Separate maintenance of wife, see "Husband and Wife," § 3.

Setting aside unlawful transfer by bankrupt, see "Bankruptcy," § 1.

Particular proceedings in actions.

See "Appearance"; "Continuance"; "Costs":
"Damages"; "Depositions"; "Dismissal_and
Nonsuit"; "Evidence"; "Execution"; "Jude-
ment"; 'Judicial Sales"; "Jury"; "Limi
tation of Actions"; "Parties"; "Pleading":
"Process"; "Reference"; "Stipulations":
"Trial"; "Venue."

Bill of particulars, see "Pleading," § 6.
Default, see "Judgment," § 1.
Nonsuit, see "Trial," § 4.

Notice of action, see "Process," § 1.
Verdict, see "Trial,” § 7.

Particular remedies in or incident to actions.
See "Attachment"; "Deposits in Court"; "D-
covery"; "Injunction"; "Receivers"; "Set-
Off and Counterclaim"; "Tender."
Notice of pendency of action, see "Lis Pendens.”
Proceedings in exercise of special or limited

jurisdiction.

Courts of limited jurisdiction in general, see
"Courts," § 3.

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

Review of proceedings.

See "Appeal"; "New Trial.”

§ 1. Grounds and conditions precedent. Political rights recognized or conferred by statute may be enforced by the courts to the same extent as rights which are civil in charac ter.-Brown v. Cole (Sup.) 109.

2. Joinder, splitting, consolidation, and severance.

A complaint in an action by a trustee in barkruptcy to recover property transferred by the bankrupt held not objectionable as setting forth causes of action improperly joined.-Bouton Wheeler (Sup.) 33.

T.

A complaint in an action for breach of contract held not demurrable as stating two cats* of action.-Dunn v. New York Herald Co. (Sup)

Particular forms of action.
See "Replevin"; "Trespass," § 1; "Trover and 94.
Conversion."

Particular forms of special relief.
See "Cancellation of Instruments," § 1; "Cred-
itors' Suit"; "Divorce"; "Injunction"; "Par-
tition," § 1; "Specific Performance.'

An action held properly severed on revital against the executrix of one of the defendantsMulligan v. O'Brien (Sup.) 301.

A complaint setting out two complete cares of action, one in equity for an accounting, and *Point annotated. See syllabus.

*Point annotated. See syllabus.

and 138 New York State Reporter

determined on appeal.-Hogan v. Gault (Sup.) 410.

*Where the party petitioning for an investi gation of the mental condition of B., an al leged insane person, is not aggrieved by the de nial of his petition, neither his liberty nor any property rights being affected, he cannot appeal from the order denying his petition.-In re Brooks (Sup.) 670.

§ 4. Presentation and reservation in lower court of grounds of review. *The defense of duress not raised in the trial court cannot be urged on appeal.-Friedman v. Erste Kaiser Franz Joseph Unterstutzungs Verein (Sup.) 908.

Where defendant objected under Code Civ. Proc. 3265, to only one item on a motion to

Cancellation of annuity contracts, see "Cancel- retax costs, he could only object to such item or lation of Instruments," § 1.

The fact that a decedent made a will which made a just disposal of his property and was probated does not establish the validity of an annuity contract made by him.-Barnes v. Waterman (Sup.) 685.

ANSWER.

In pleading, see "Pleading," § 2.

See "New Trial."

APPEAL.

appeal.-Fourteenth Street Bank in City of New York v. Strauss (Sup.) 956.

In an action on a burglary insurance policy. the objection to the insufficiency of the proof of loss by the assured was sufficiently raised by defendant's two motions to dismiss and its objection to the evidence.-Reich v. Maryland Cas ualty Co. (Sup.) 984.

§ 5. Requisites and proceedings for transfer of cause.

*Where an order was entered resettling an order appealed from and materially changing the same, the appeal should have been dismissed. -Dewsnap v. Bachrach (Sup.) 330.

A notice of appeal from a City Court je

Appeal from municipal courts, see "Courts," ment and from an order denying the defendant's § 3.

Costs, see "Costs," § 4.

Existence of remedy by, as affecting right to
mandamus, see "Mandamus," § 1.
Review in condemnation proceedings, see "Emi-
nent Domain," § 2.

Review in criminal prosecutions, see "Criminal
Law," § 7.

Review in replevin, see "Replevin," § 1.
Review of assessment of taxes, see "Taxation,"
§ 2.

Suspension of interest on judgment pending appeal, see "Interest," § 2.

§ 1. Nature and grounds of appellate jurisdiction.

motion for a new trial held not taken withla 10 days, as required by Code Civ. Proc. § 310 in so far as an attempt to appeal from the judg ment was concerned, but that the notice was taken in time to perfect an appeal from the order denying a new trial.-Ost v. Salmanowit (Sup.) 849.

§ 6. Record and proceedings not in record.

*An order on a motion to review the taxatio of costs, which does not appear in the printed papers on appeal, cannot be reviewed.-Ost V. Salmanowitz (Sup.) 849. § 7. Briefs.

*The brief of appellant, which does not cog *Where the term of imprisonment of a prison- ply with the rules requiring that, where ge er sentenced for four months has expired before tions are made from the testimony, refert? the hearing on appeal from an order denying shall be made to the pages of the minutes where an application for an investigation of his menthe matter quoted can be found, will be dive tal condition, only abstract questions are pre-garded.-Blumenthal v. Stancliff (Sup.) 362 sented for determination, and the appeal will be dismissed.-In re Brooks (Sup.) 670.

§ 2. Decisions reviewable.

*Under the express provisions of Code Civ. Proc. § 1294, no appeal will lie from a default judgment. Fourteenth Street Bank in City of New York v. Strauss (Sup.) 956.

3. Right of review.

A brief on appeal should be confined to t statement of the points or propositions of a arising on pertinent matters in the record, and relied on for reversal of the judgment, and should not present views or use inappropriate language on impertinent matters of which te court cannot take notice.-Barth v. Borden's Condensed Milk Co. (Sup.) 882.

*That a levy on defendant's personal prop-8 8. Review. erty under an execution issued on the judgment In an action for waste committed by perm appealed from had been made did not preclude ting the removal of the timber from land defendant from having the question of service was not reversible error to admit evidence of *Point annotated. See syllabus.

3