The direction in the original opinion for a stay of proceedings until a final determination of that action cannot prejudice the respondents, if, as they claim, the action has already been finally determined; for they will be at liberty to move the court to proceed with the rehearing without delay.

It follows, therefore, that the motion for reargument should be denied, with $10 costs. All concur,

END OF CASES IN VOL. 116.

INDEX-DIGEST.

ABANDONMENT.

Of child, see Parent and Child, § 17.

Of demised premises, see Landlord and Tenant,
§ 195.

ABATEMENT.

Of nuisance, see Nuisance, §§ 23-37.
Pleas in abatement, see Pleading, § 106.

ABATEMENT AND REVIVAL.

Election of remedy, see Election of Remedies.
Judgment as bar to another action, see Judg-
ment, §§ 570-630.

Pleas in abatement, see Pleading, § 106.
Right of action by or against personal repre-
sentative, see Executors and Administrators,
§§ 437, 456.

ABUTTING OWNERS.

Assessments for expenses of public improve-
ments, see Municipal Corporations, §§ 434-
516.
Compensation for taking of or injury to lands
or easements for public use, see Eminent Do-
main, 88 75-153, 231-269.

Liabilities for injuries caused by snow and ice
on sidewalk, see Municipal Corporations, §
808.

Rights in streets in cities, see Municipal Cor-
porations, §§ 657, 705.

ACCEPTANCE.

Of dedication, see Dedication, § 44.

Of goods sold, see Sales, § 178.

ACCOUNT.

Books of account as evidence, see Evidence, 88
177, 179.

Accounting by particular classes of persons.
See Executors and Administrators, §§ 473-513.
Partners, see Partnership, § 327.

I. RIGHT OF ACTION AND DEFENSES.
§ 4. Suit for an accounting held not to lie
under a bare option.-Harle v. Haggin (Sup.)
51.

II. PROCEEDINGS AND RELIEF.

warranting equitable relief on the theory that
17. A complaint held not to state facts
complainant was entitled to an accounting.-
Morrison v. Chapman (Sup.) 522.

ACCRUAL.

Of right of action, see Limitation of Actions,
§ 46.

ACKNOWLEDGMENT.

Operation and effect of admissions as evidence,
Operation and effect of admissions as ground
see Evidence, §§ 205-265.
of estoppel, see Estoppel, §§ 68-88.

ACTION.

Accrual, see Limitation of Actions, § 46.
Bar by former adjudication, see Judgment, §
570-630.

Commencement within period of limitation, see
Limitation of Actions, § 127.

Of offer or proposal, see Contracts, 88 19, 28. Counterclaim, see Set-Off and Counterclaim.

ACCIDENT.

Election of remedy, see Election of Remedies.
Jurisdiction of courts, see Courts.

Limitation by statute, see Limitation of Ac-
tions.

Cause of personal injuries, see Negligence, 88 Pendency of action, see Lis Pendens, §§ 13-22.

3, 4.

ACCOMPLICES.

Testimony, see Criminal Law, § 511.

ACCORD AND SATISFACTION.

See Payment: Release.

Restraining action at law, see Injunction, § 26.
Set-off, see Set-Off and Counterclaim.
Submission of controversy to court without ac-
tion, see Submission of Controversy.

Actions between parties in particular relations.
See Master and Servant, 88 80, 250-2971⁄2;
Partnership, § 327.

Bailor and bailee, see Bailment, § 31.

For cases in Dec. Dig. & Amer. Digs. 1907 to date & Irdexes see same topic & section (§) NUMBER
116 N.Y.S.

(1157)

Co-tenants, see Partition, § 61.
Particular forms of special relief.
Stockholders and corporate officers, see Corpo- See Account; Divorce; Injunction; Partition,
rations, § 320.

ADVERSE POSSESSION.

rescission for fraud, held improperly joined with
one to recover for the vendor's breach of the
contract.-Realty Transfer Co. v. Cohn-Baer- See Limitation of Actions.
Myers & Aronson Co. (Sup.) 1110.

IV. COMMENCEMENT, PROSECUTION,
AND TERMINATION.

Stay of proceedings as affecting right to re-
argument on appeal, see Appeal and Error,
§ 832.

§ 69. Proceedings to compel a temporary ad-
ministrator to account for a specified sum re-
ceived should be continued until the determi-

nation of an action in the Supreme Court in-
volving the issue whether the property belong-
ed to decedent or to a firm of which he was a
member. In re Grant (Sup.) 767.

$69. The actions and parties not being
alike, held, an action on the debt would not be
stayed because of a prior pending action to

foreclose a mechanic's lien.-Brown v. Kight
(City Ct.) 592.

ACTION ON THE CASE.

See Trespass, § 46.

ACT OF GOD.

I. NATURE AND REQUISITES.
(A) ACQUISITION OF RIGHTS BY PRE-
SCRIPTION IN GENERAL.

sion to land under water as against the state.
87. Title may be acquired by adverse posses-
Fulton Light, Heat & Power Co. v. State (Ct.
Cl.) 1000.

13. Acts of ownership exercised for a suffi-
cient length of time to create a presumption of a
sion.-Shinnecock Hills & Peconic Bay Realty
valid grant constitute a technical adverse posses-
Co. v. Aldrich (Sup.) 532.

(B) ACTUAL POSSESSION.

§ 21. The cutting and removal of salt mea-

dow grass held to show such acts of ownership
as to constitute a technical adverse possession,
within Code Civ. Proc. § 370.-Shinnecock Hills
& Peconic Bay Realty Co. v. Aldrich (Sup.)
532.

II. OPERATION AND EFFECT.
(B) TITLE OR RIGHT ACQUIRED.
104. A grant is presumed from acts of
ory of man.-Shinnecock Hills & Peconic Bay
Realty Co. v. Aldrich (Sup.) 532.

Affecting liability of carrier, see Carriers, 8 ownership exercised from the time of the mem-

119.

As part of record on appeal, see Appeal, § 523.
Particular proceedings or purposes.
See Arrest, §§ 22, 29; Replevin, §§ 32, 51.
On application for rehearing on appeal, see
Appeal and Error, § 833.

Publication of process, see Process, § 96.

§ 3. When courts and judicial officers are
asked to act on affidavits founded on informa-
tion and belief, they must be furnished with
the sources of information in order that they

As evidence in civil actions, see Evidence, 88 may draw their own conclusions.-Penn Oil &

205-265.

ADVERSE CLAIM.

To real property, see Quieting Title.

Supply Co. v. Cohn (Sup.) 124.

AGENCY.

See Principal and Agent.

AGREED CASE.

Submission of controversy to court, see Sub-
mission of Controversy.

For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER

AGREEMENT.

See Contracts.

ALIENS.

See Indians.

ALIMONY.

See Divorce, §§ 212, 269.

ALLOTMENT.

Expert testimony as to allotment of perished lands, see Evidence, § 536.

Of Indian lands, see Indians, § 13.

ALTERATION.

(E) NATURE, SCOPE, AND EFFECT OF DECISION.

Decisions of municipal courts, see Courts, § 190.

§ 91. Where the court, in a summary proceeding under Greater New York Charter (Laws 1897, p. 520, c. 378) § 1476, to revoke a theatrical license, appoints a referee, an appeal is authorized under Code Civ. Proc. §§ 1356, 1361

Of premises demised, see Landlord and Tenant, In re City of New York (Sup.) 353. § 152.

ALTERATION OF INSTRUMENTS.

See Reformation of Instruments.

ALTERNATIVE MOTIONS.

Relating to pleading, see Pleading. § 367.

AMENDMENT.

IV. RIGHT OF REVIEW.

(A) PERSONS ENTITLED.

§ 140. Appeal from a default judgment against one not a party thereto dismissed.-London v. Attis (Sup.) 28.

$151. An order declaring one suing as administratrix liable individually for costs held not to render plaintiff a party aggrieved; she being clearly liable in the absence of the order.-Lakin

Of pleading affecting limitations, see Limita- v. Sutton (Sup.) 820.
tion of Actions, § 127.

In particular remedies or special jurisdictions.
See Parties, § 84.

Of particular acts, instruments, or proceedings.
See Indictment and Information, §§ 159, 160;
Process, § 163.

By-laws of mutual benefit insurance associa-
tion, see Insurance, § 719.
Pleading, see Pleading, §§ 236-248.

Costs, see Costs, §§ 222-250.

Review in mandamus proceeding, see Mandamus, § 187.

Review of assessment of taxes, see Taxation, §§ 454, 459.

(B) ESTOPPEL, WAIVER, OR AGREEMENTS AFFECTING RIGHT. Waiver of right of review in municipal court, see Courts, § 190.

§ 154. A defendant held to waive the right to raise the question of the right of plaintiff's attorney to continue the cause to determine the matter of his contingent fee.-Bloch v. Bloch (Sup.) 339.

V. PRESENTATION AND RESERVA-
TION IN LOWER COURT OF
GROUNDS OF REVIEW.

(A) ISSUES AND QUESTIONS IN LOWER
COURT.

not be considered on appeal.-Davis v. Bouton § 169. Matters not suggested at the trial will Motor Co. (Sup:) 508.

§ 171. Where, in an action for damage caused by the collapse of defendant's building, which was occupied by plaintiff, plaintiff did not object to trying the case on the theory of negligence in causing the building to collapse, he could not urge defendant's liability on appeal on the ground of his breach of covenant as a landlord. -Paltey v. Egan (Sup.) 889.

(B) OBJECTIONS AND MOTIONS, AND RULINGS THEREON.

§ 197. Evidence of recklessness, even if not within the complaint charging negligence, not Review of condemnation proceeding, see Emi-having been objected to as outside the issues, nent Domain, § 251. held required to be considered on review of the Review of criminal prosecutions, see Crim- granting of motion to dismiss.-Neuberger v. inal Law, §§ 1144, 1184. Long Island R. Co. (Sup.) 311.