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I.

INDICTMENT-conspiracy to commit felony, 176.
INJUNCTION—against publishing portrait of plaintiff's child, 266.
nuisance; use of premises annoying neighbor, 337.
mortgagee's action to prevent waste, 387.

J.

JUDGMENT when amendment will not be allowed, 52.

action on foreign judgment directing payment into
court, 137.

enforcing foreign judgment for alimony, 235.
enforcing judgment for alimony against trust fund,
239.

when money judgment refused on failure to show
right to equitable relief, 308.

severance of action for several libels, 464.

JUSTICES' COURTS-jurisdiction; amount in controversy;
erroneous dismissal; appeal, 259.

L.

LANDLORD AND TENANT-note on contracts for farming on

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M.

MARRIAGE-validity where former spouse discovered to be liv-
ing, 73.

induced by fraud; remedies, 314, 325.

MASTER AND SERVANT-employment in dangerous place,

246.

liability to servant for failure to

provide safeguards required by

statute, 289.

liability of general assignee of em-

ployer, 342.

unsafe scaffold, 426.

Note on damages for wrongful dis-
charge, 348.

MECHANIC'S LIEN-service of notice on owner unnecessary,

297.

MESSENGER COMPANY-liable as carriers for act of messen-
ger; limitation, 147.

MORTGAGES-action to cancel; assignment; notice, 308.

MOTIONS AND ORDERS-power of special term in directing as

to appeal papers, 167.

motion to set aside order; limi-

tation; delay; affidavits by
incompetent witnesses, 416.

N.

NATURALIZATION-vacating order, 416.
NEGLIGENCE-careless management of horse car, 56.

liability of store-keeper for mischievous act of
employee, 281.

contributory; riding on street car platform,
56.

contributory in operating machine, 289.

NEW TRIAL-motion upon minutes, 66, 373.

excessive damages, 426.

in criminal cases; insufficient evidence, 227.

NOTICE-constructive, to partner, 400.

NUISANCE-use of premises annoying neighbor, 337.

P.

PARENT AND CHILD-custody of child, 73.

PARTIES-to accounting as trustee, ex maleficio, 29.

right of remainderman to prevent diversion of property, 86.

partition; remaindermen, 468.

PARTNERSHIP-when chargeable with knowledge of partner,

400.

PLEADING-defect of parties, 29.

complaint on foreign judgment, 137.

complaint for conspiracy; fraud inducing marriage,

314.

complaint on foreign judgment for alimony, 235.

Note on pleading in action by broker employed by both parties, 463.

demurrer to complaint in partition, 468.

answer; negative pregnant, 247.

necessity of alleging adequate remedy at law, 430.
jurisdiction of foreign court; another action pend-
ing; foreign attachment, 131.

right to serve second amended complaint, 254.
amended and supplemental complaint, 256.

supplemental complaint in action for divorce, 257.

striking out irrelevant matter, 54.

PLEDGE-lien of bankers for advances, I.

making pledgor agent to sell, 3.

Q.

QUESTIONS OF LAW AND FACT-facts, determining juris

diction, 437.

R.

RAILROADS-riding on street car platform, 56.

RECEIVER-compelling receiver to account for property fraudulently acquired by corporation, 29.

custody of special fund, 392.

RECORDING-notice of assignment of mortgage, 308.
REFERENCE-on accounting in surrogate's court; remedy for
collection of fees; amount, 109.

proceedings upon physical examination before
trial, 365.

Note on physician's examination before trial, 370.

S.

SALES-right of bankers taking bill of lading to secure accept-

ance, 3.

taking title as security for advances, 7, 21.

SERVICES-Note on damages for wrongful discharge, 348.
SEVERANCE OF ACTION--for several libels, 464.

SPECIFIC PERFORMANCE-statute of frauds; part perform-
ance, 86.

STATUTES-interpretation; amendments, 356.

construction of special incorporation, 422.

Note on stipulation as to papers to be printed on
appeal, 173.

as to custody of fund, 392.

SUNDAY-violation of statute; no defence to action for negli-

gence, 426.

SUSPENSION POWER OF ALIENATION-agreement as to
devolution of property, 86.

T.

TAXES-transfer tax; exemption of religious corporation; foreign
corporation not exempt; foreign university, 287.

TRESPASS-injury to shade tree by electric company, 198.
TRIALS-mode; action to establish trust, 63.

right to jury trial; waiver; dismissal of complaint, 430.
irresponsive answer; objection; necessity of request for
special verdict, 437.

testimony of interested witness; direction of verdict,

149.

Note on testimony of interested witness, 157.

allowing insufficient time to sum up; remedy, 66.
dismissal of complaint, 246.

TRIALS dismissal upon the merits, 373.

findings, 76.

motion for new trial on judge's minutes, 66.

TRUSTS-reaching bank deposit, 7.

action to establish, 63.

enforcing judgment for alimony, 239.

fraudulent sale by trustee, 410.

W.

WASTE-injunction against, 387.
WILL-effect of refusal of probate, 113.

right of benevolent society to take where testator dies
within two months, 422.

vested remainder, 468.

WITNESSES-Note on testimony of interested witness, 157.

cross-examination; statement to third person, 281.
Note on physician's examination before trial, 370.

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