« ForrigeFortsett »
itor to have certain conveyances declared
work for and carry on the business of his
-Scovill v Shed et al., 228.
as property of a judgment debtor it was
4; TRUSTS, 4.
well own up as they had proof to convict
under arrest, are admissible.-Id.
the first degree, the judgment and convic-
name and several aliases states his true
error to which the prisoner can
1. On a second trial for the same offense, it
is proper to read the evidence of a wit-
People v. Penhollow, 49.
Held, That the prisoner should
with the witness.- Id.
examination, “ Did you tell the prisoner
tion was error.-Id.
allow the jury to visit the scene of the
ple v. Buddensieck, 125.
question of presumption of guilt until all
advance. - The People v. McCallum, 210.
rect rule of law the judgment will not be
may be erroneous.-ld.
ing told by the officers that she might as
10. It is not necessary in order to warrant a
conviction upon the testimony of an ac-
plice as true.-Id.
county of N. Y. does not lose jurisdiction
term of the court.-- Id.
ordering a new trial under $ 527, Code
People v. McInerney et al., 409.
and robbing the complaining witness.
streets of this city is felled to the ground ment in full of the individual creditors.
claim against an estate the claimant recov-
--Hopkins v. Lott, 438.
judged as in an action prosecuted or de-
MAIL; BURGLARY; CIVIL RIGHTS ; Evi- ; See Costs, 1; MORTGAGE, 10.
the city to recover damages for the loss
of wharfage, etc., occasioned by the
widening of West street, was settled by
the city agreeing to purchase the rights
of plaintiff in the bulkhead on the west-
erly side of West street and plaintiff's
agreeing to convey the same to the city
free from all incumbrances except such
grants or leases as the city might have
itself made. Held, That taxes assessed
brances which plaintiff was obliged under
the said agreement to pay off before con-
veying the premises to the city.- James
v. The Mayor, &c., of N. Y., 214.
2. Where a grantor has plainly expressed
in a deed the land conveyed, it is imma.
terial what his intention was - Nelson v.
4. A benevolent society which had given a
permitting it to convey to one M. for use
of the Roman Catholic Church. The
doubtful claim against the estate of a de- of the mortgage, but the deed to M con-
agreed to pay directly to the mortgagee
for the relief and discharge of the mort-
Soc. et al., 323.
in writing, “ninety acres of land situate
“excepting ninety acres thereof situate
See CONTRACT, 24; EJECTMENT, 1; EVI-
DENCE, 13, 14; HUSBAND AND WIFE, 2, 3;
7. A deposit of money in a savings bank be-
comes the property of the bank, and a
application for the examination of de-
v. Seymour et al., 472.
defendant before trial is warranted by the
1. Sufficiency of affidavit for examination
of plaintiff after answer for use on the
plication (for the examination) of a de-
cation is made.--Id.
visor to the extent of the estate, interest
McKelvey et al., 367.
entire legacies in land they are liable to
tion of books or papers for examination
v. Phillips, 29.
of an inspection and discovery of books
verse party after issue, it is sufficient if
4. The fact that a party may decline to
testify as to some of the matters involved,
the right under SS 2706–2714, Code Civ.
were intended to and do authorize an ex-
et al., 497.
nspected can be obtained upon the trial
4. An application for discovery of books
after issue joined must show that the discovery sought is to aid the applicant to prove his cause of action or defense ; where the papers on which the application is made do not allege that the books will furnish evidence which will aid in such purpose the application should be denied. --Stichler et al. v. Tillinghast, 511.
1. While the court has power to make al
lowances to enable a wife to carry on her defense to an action for divorce, she must apply for it when she needs it ; where she has made her defense from her own means or upon her own credit there is no authority in the court to grant her an allowance for such past expenses — Beadleston v. Beadleston, 8.
2. An allowance may be made to a wife
during the pendency of an action for divorce, for some past expense, if it is shown that the payment was necessary to enable her to carry on the action or her defense; but such fact was not shown
in this case. --Id. 3. A husband or wife is competent to testify
in favor of the other in an action for an absolute divorce on account of adultery as to other facts than the marriage. Section 831, Code Civ. Pro., renders them incompetent as witnesses to such facts only in their own behalf. --Bailey v.
Bailey, 71. 4. In an action for divorce to which defend
ant makes no defense, the confessions of defendant are always admissible in evidence, but before granting a decree based upon such confessions the court will require such corroboration thereof as to remove all suspicion of collusion, and when that is satisfactorily done the confessions become a sufficient basis for a judgment of divorce.--Madge v. Madge, 339.
DO WER. 1. To put a widow to her election between
dower and a provision in the will, in the absence of express words, there must be a clear incompatibility arising on the face of the will between a claim
of dower and a claim to such provision. The mere creation of a trust for the sale of real estate and its distribution is not inconsistent with the existence of a dower interest in the same property.--Konvalinka
et al. v. Schlegel et al., 462. 2. Testator devised the residue of his estate
to his executors, to be sold by them and the proceeds divided between his wife and children share and share alike. Held, That the widow was not put to her election ; that the devise was void as a trust, but valid as a power in trust to sell and divide, and that the lands descended to the heirs subject to the execution of the
power.--Id. 3. In 1872 plaintiff and her husband mort
gaged certain property to a bank for $12,000. In 1877 the husband's executors sold the property subject to the mortgage and accrued interest for $1. The purchaser gave the bank a mortgage for the interest of $2,000 and then sold to one Crosby subject to the $12,000 mortgage, Crosby assuming the $2,000 mortgage Crosby and wife sold a part to defendant. At this time the bank released the part from the $12,000 mortgage and credited upon it $4,000, satisfied the $2,000 mortgage, was paid in cash $500 and took a mort. gage on the part from defendant for $5,500. Held, That plaintiff was entitled to dower in the part and free from the lien of the mortgages. Everson v. McMullen, 533. See CONTRACT, 2.
1. It is not necessary in a petition for the
appointment of commissioners under the Drainage Acts to state the point from which the proposed drain shall start or where it shall terminate, or the number or kinds of drains contemplated.-In re
petition of Biehler et al., 175. 2. Nor is it requisite that notice of the ap
plication for the appointinent of commissioners should be given to other persons whose lands may be affected by the con
struction of the ditch.--Id. 3. It is not sufficient ground to set aside the
order appointing commissioners, that there is no evidence in the record show.
ing that they were freeholders.--Id. 4 Among the land owners to be affected by
the proceeding, as set forth in the petition, were the “ Heirs of E. Schitl,” with
out naming them, as the statute requires; but this objection was not taken upon the motion to vacate said order. lleld, That this defect did not necessarily in validate the whole proceeding, as it might have been shown that said heirs were actually served with notice of the proceedings before the commissioners and
appeared therein.--Id. 5. The affidavits of service of notice of said
proceedings was defective in the same particular, in not naming the heirs. Held, That this objection might be taken by an appeal from the proceedings of the commissioners, but was not a ground for setting aside their appointment.-11.
EJECTMENT. 1. In 1795 V. R. leased four acres to P. for
sixteen years at an annual rent of six pounds. The grantees of P paid the rent to 1860, when one E. S. quitclaimed to B. “subject to the rents, etc.,” in the lease to P. In 1861 B. conveyed part of the premises to defendant S. by warranty deed without any mention of rent or of the lease to P. S. went into possession and so remains. Plaintiff, who has succeeded by deed to the rights of V. R., began this action for ejectment for nonpayment of the rent in Feb., 1883. In July, 1883, B. paid up all the arrears of rent on the whole parcel, but without the knowledge or consent of defendant S Held, That the action could not be maintained and that plaintiff's deed from V. R. was void for champerty.--Church v. Schoonmaker et al., 351).
amended by Chap. 197, Laws of 1882, requires the commissioners to take a fee in lands required under the act.--In re
Water Comrs. v. Collins et al., 76. 2. Accordingly, Held, That an order allow
ing them to amend their petition so as to obtain only an easement and the right to
lay pipes must be reversed.--Id. 3. While an appeal from a second appraisal
of real property to be taken for a public use made by new commissioners after the reversal on appeal of the first is expressly prohibited by statute, the right to move to set aside the report exists ; but to authorize the court to review on motion a second report, something more must be apparent than such errors of law or fact as are reviewable on appeal, and sufficient, where an appeal is allowable, to result in a reversal and new hearing; there must be such an irregularity, fraud or mistake in the proceedings of the coinmissioners as would authorize the court, under its established practice, to set aside a judgment or verdict in an action on motion.--In re petition of the N. Y. Ele
rated RR. Co., 115. 4. On a second proceeding to condemn prop
erty for the use of the elevated railroad, the comissioners allowed a witness to answer the following question against the objection of the company : "In your opinion does the structure of the railroad and the passing of the trains upon it as it is constructed and operated diminish the value of the property, limiting your consideration to the effect, if any, produced upon light, air and access, and excluding from your consideration the effect, if any, produced by noise, the vibration of the building. annoyances by smoke, ashes, dust, steam or cinders, and by the unsightly appearance of the structure itself ? " Held, That even if the admission of this question were error it was not such error as would warrant the set.
ting aside of the report upon motion.-Id. 5. Abutters on a public street who hold
under mesne conveyances from one whose land was taken by proceedings which provided that it should be kept open as a public street forever, have an easement in the bed of the street for light, air and access, and they cannot be deprived of it without compensation.- Lahr v. The Met
ropolitan Elevated R. Co., 543. 6. The erection and operation of an elevated
railroad, the use of which is intended to be permanent, upon which cars are propelled by steam, constitutes a taking of such easement and renders the railroad liable to the abutters for the damages
occasioned.--Id. See ASSESSMENTS, 9; MORTGAGE, 13.
2. Though a grantee cannot maintain eject
ment in his own name where the conveyance under which he claims is void because the property convered was held adversely to the grantor, still he may rely upon a subsequent valid conveyance made by the grantor previous to the commencement of the action.--Dawley v. Brown, 565.
1. An inmate of the New York State Sol
diers' and Sailors' Home at Bath, who has left his home in New York City with the intention of making his future residence at the home so long as he should be permitted to stay there, is a resident of Bath and qualified to vote there.--Silvey v.
Lindsey et al , 68.
1. The act relative to the water supply of
Amsterdam, Chap. 101, Laws of 1881, as