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14 Such condition is a condition subsequent, the bond, a deed executed by all will not con.
AND MAINTENANCE, 2; CONTRACTS, 20;
Id. GAGES, 2, 6, 28; SHERIFFS, 6; SURETYSHIP,
1; WILLS, 6.
See COMMON CARRIERS, 9.
348 1 A deposition need not be reduced to writing
Foster v. Bullock.
ness and subscribed by him in presence of the
See EVIDENCE, 39; PERPETUATION OF
See MORTGAGE, 29.
See BANKRUPTCY, 6, 12, 17; DEBTOR AND
1 Under Chap. 395, Laws of 1871, an act in
to abandon their families in the County of
the justice is only authorized to make up a
record of conviction where the accused has
made default, after notice, to find sureties to
join in his recognizance.
1 The grandchildren of a deceased brother or
statute of distribution. Matter of Suckley's
on applicatiov for judgment on the report. 15 Evidence of opportunity alone is not enough
172 to authorize an inference that adultery bas
been committed, proof of other and suspicious
308 16 The fact that the alleged paramour was
considered to be the wife of plaintiff, and had
Id. to establish a marriage, not by direct proof,
but by circumstances and acts from which a
clude a question to one of plaintiff's witnesses
as to what they understood from the conduct
of the alleged husband and wife toward one
another was their relation, and allow a witness
saw and heard, how she regarded plaintiff in
cannot be said that the exclusion of affirma-
tive proof in her favor, and the admission of
similar negative proof against her, did not
See EJECTMENT, 1; MORTGAGE, 29.
1 Where the grantee of a right to lay down
439 the pipes nor the place where they are to be
pipes, he cannot thereafter lay his pipes in any
452 street, is an abandonment or surrender of the
cluded within the new boundaries thereby
established, which, followed by non-user for
Vincent Asylum v. City of Troy.
under a claim of absolute right, from claiming
settled by its resolution; especially where
been made on the faith of such action.
over land conveyed by him without an express
reservation thereof, only where such right at-
Id. I the necessity and the consequent intention to
reserve it; that it is a convenience is not suf- ascertaining the truth, there can be no estop-
3 An order of a surrogate requiring an admin-
istrator to inventory certain bonds as part of
decedent's estate, and made in a proceeding
instituted by one only of the next of kin, can-
not preclude or estop the administrator from
issue are estopped from denying its validity.
Kent v. The Quicksilver Mining Co. 230
153 struction was notified of an action against the
as the con-
the city, and as to any matter which might
209 Women, 7; NEW YORK City, 6; SURETY-
443 | the condition of the walk on Monday is admis-
sible. De Forest v. City of Utica.
man, and at her confinement there is a mal-
are to consider it in estimating the damages,
and evidence in relation to the additional suf.
agreements as to credit, is not admissible to
prove a general custom of dealing between
the parties on credit. Higgins v. Murray. 13
4 Where the character of a transaction de.
pends upon the intent of the party, it is com-
et al. y. Saloman.
produced to refresh the recollection of a wit.
7 Section 399 of the Code, which relates to 18 Although non-professional witnesses cannot
21 A witness who is an attorney of long stand-
22 A witness who had not seen, but had heard
to the effect upon them of wandering in the
difference in value per head. Held, Error. Id.
for labor and services, etc., plaintiff testifies
25 Evidence that parties for whom the work
207 | Justice's Court cannot be raised unless the
peal. Beardsley v. llarrold.
was obtained by false and fraudulent repre-
sentation, is competent. Gould v. Cayugt
Co. Nat. Bk.
connected with the matters in suit, and con-
sisting of words, letters, and figures about
29 Evidence tending to explain evidence which to give his opinion as to the genuineness of
count at the bank where the witness was
323 the time when the note in suit bore date, that
he had borrowed of plaintiff $1,000 at six per
Rochester v. Montgomery.
Id. see those titles, as follows: ASSAULT AND BAT-
TERY; BASTARDY, 1; CONTRACTS, 10, 18,
VERSATION, 1, 2; DOWER, 1; ELECTIONS ;
MARINE COLLISION, 3 ; MARRIAGE, 4; MORT-
396 GAGE, 24, 25, 26; NEGLIGENCE, 13; RE-
PLEVIN, 2; SEDUCTION, 2, 4, 5; SLANDER,
405 11; DEPOSITIONS; PAYMENT, 3; PERSONAL
PROPERTY; REAL ESTATE.
EXAMINATION OF PARTIES.
See PRACTICE, 12, 20.
1 A provision in a village charter for submit-
ting the question of license or no license to a
vote of the electors is one which it is compe-
tent for the Legislature to commit to the peo-
ple of that district. Village of Gloversville v.
Howell et al,
450 never been under the operation of the general
not affect the powers of the Board of Trustees
5 No license can be granted under Chap. 175,
Laws of 1870, to sell strong and spirituous
liquors and wines in quantities less than five