« ΠροηγούμενηΣυνέχεια »
Heydecker's Gen. Laws, p. 279, c. 5) § 102, 148 not a partition thereof within section 7, as the only interest acquired by an Indian in the
Liens, see Mechanics' Liens.
Public improvements, see Municipal Corpora- land allotted him is the right of occupancy and tions, §§ 278-516. the ownership of the improvements.-Terrance v. Crowley (Sup.) 417.
See Negligence, §§ 95, 96.
See Damages, § 130.
From life estate, see Life Estates, & 15.
See Insane Persons.
See Guaranty; Principal and Surety.
§ 1. Defendant's agreement, made to induce plaintiff to buy stock, held only to indemnify plaintiff against loss in buying the stock, and not to repurchase it on demand.-Norris v. Reynolds (Sup.) 106.
§ 11. No recovery can be had on a contract to indemnify and save harmless until actual damage is sustained.-Norris v. Reynolds (Sup.)
§ 11. Plaintiff held not entitled to bring an action against defendant on his guaranty to indemnify plaintiff against loss in purchasing stock until it appeared, after the lapse of a reasonable time, that the stock or the property right attached thereto, had become partially worthless.-Norris v. Reynolds (Sup.) 106.
See Insurance, §§ 430, 513, 665.
See Master and Servant, §§ 318, 322.
§ 10. Indian Law (1 Heydecker's Gen. Laws, p. 250, c. 5) § 2, authorizing an Indian to take, hold and convey real estate, held to extend only to lands outside of tribal lands.-Terrance v. Crowley (Sup.) 417.
§ 10. Indian lands within reservations held not subject to state laws so long as the Indian title is not extinguished and the Indians maintain their tribal relations.-Terrance v. Crowley (Sup.) 417.
INDICTMENT AND INFORMATION.
§ 13. An allotment on the St. Regis reservation to an Indian pursuant to Indian Law (1
$131. Where the grand jury had jurisdiction of a felony charged, its jurisdiction was not affected by the fact that the same acts as constituted a misdemeanor; and, under Coje Cr. Proc. § 279, it could charge the different crimes in different counts of the indictmentPeople v. Foster (Sup.) 530.
$159. Under Code Cr. Proc. § 293, an indictand omitting to furnish necessary food an ment charging one with abandoning his chi shelter for the child, may be amended as to time. People v. Lewis (Sup.) 893.
§ 160. The court may in its discretion allow an amendment to an indictment as to time either at the opening of the trial, relying on the statement of the district attorney as to what the proof will be, or it may wait until the dis crepancy as to date has been developed by the proof.-People v. Lewis (Sup.) 893.
IX. ISSUES, PROOF, AND VARIANCE.
§ 176. A variance between the indictment and the proof respecting the date on which a crime was committed is immaterial unless time is a necessary ingredient of the offense.-People v. Lewis (Sup.) 893.
See Parent and Child.
Disability of infancy affecting limitations, see
Right of sureties agreeing to pay expenses of
$$ 52, 57, 58. An infant's note is voidable. and may be affirmed after the infant becomes of age, or repudiated within a reasonable time be fore or after that event.-Darlington v. Hami ton Bank of New York City (Sup.) 678.
§ 58. What constitutes a reasonable time within which an infant must repudiate a contract made during minority depends on the cir cumstances of the case.-Darlington v. Hamil ton Bank of New York City (Sup.) 678.
§ 58. An infant's delay of four months after becoming of age in repudiating a note given during minority held not unreasonable.-Darlington v. Hamilton Bank of New York City (Sup.) 678.
See Descent and Distribution.
See Taxation, §§ 865-900.
Criminal accusation, see Indictment and In- Co. v. Brennan (Sup.) 457. formation.
Relief against particular acts or proceedings.
Revocation of license of picture show, see
(B) GROUNDS OF RELIEF.
§ 16. Grantors of land reserving a right of action for injuries to the land held not entitled to enjoin a settlement of such right of action by the grantee.-Anderson v. New York & H. R. Co. (Sup.) 954.
(G) PERSONAL RIGHTS AND DUTIES.
§ 101. In an action to enjoin labor lodges and their members from unlawfully picketing plaintiff's factory and for damages, plaintiff held entitled to an injunction and to recover for Jones v. Maher (Sup.) 180. legal services and other expenses incurred.
$ 22. Injunction denied, where the wrong intended to be prevented has already been com mitted.-Red Raven Social Club v. Bingham (Sup.) 709.
II. SUBJECTS OF PROTECTION AND
(H) CRIMINAL ACTS, CONSPIRACIES, AND PROSECUTIONS.
forcement of the criminal laws, nor prevent an § 105. The court will not restrain the enarrest, even though the party charged with an offense asserts his innocence.-Colby v. Bingham (Sup.) 705.
III. ACTIONS FOR INJUNCTIONS.
§ 109. In an action against a trade union lodge and others to enjoin interference with plaintiff and its business, an answer held not to state a defense.-New York Central Iron Works
§ 128. That defendant street railroads under. took under cover of night to lay tracks held proof that they then supposed they had no lawful right to tear up the street, and believed that they were laying an unauthorized extension.-Village of Waverly v. Waverly, S. & A. Traction Co. (Sup.) 1074.
I. NATURE AND GROUNDS IN GEN- v. Bingham (Sup.) 705.
IV. PRELIMINARY AND INTERLOCU-
(A) GROUNDS AND PROCEEDINGS TO PROCURE.
§ 154. On a motion for an injunction to prevent a police commissioner and captain from pursuing a certain course of conduct, defendants claiming that the remedy, if any, was by a criminal prosecution against them for oppression, under Pen. Code, § 556, the injunction was denied, that a test might be made of the adequacy of the suggested remedy, with leave to renew the motion, if such criminal prosecution should fail to afford the desired redress.-Colby
Change of venue of trial to determine present sanity of prisoner committed to asylum on acquittal of murder, see Venue, §§ 45, 52.
$ 41. Widow, while acting as committee of incompetent husband, held not entitled, on his death, to compensation for personal care during
(A) ACTIONS AND OTHER LEGAL PRO- the last three years of his life.-In re Goff (Sup.) CEEDINGS.
§ 26. Where a tenant sued to cancel the lease, claiming it was induced by fraud, held, that he was entitled to have an action by the landlord for rent stayed until determination of his action.-Van Riempst v. Weiher (Sup.) 218.
Of bank, see Banks and Banking, § 73.
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER
Of writings, see Discovery, § 84.
In civil actions, see Trial, § 253.
Act limiting amount of business which a domes-
I. CONTROL AND REGULATION IN
§ 16. Telegraphic negotiations between de-
§ 17. A foreign insurance company engaged
II. INSURANCE COMPANIES.
§ 36. Life insurance company held to have
(B) MUTUAL COMPANIES.
855. A policy holder of a domestic stock life
and agreement to issue the policy and the time
V. THE CONTRACT IN GENERAL.
(A) NATURE, REQUISITES, AND
(B) CONSTRUCTION AND OPERATION.
146. Insured's answers in his application
§ 156. A contract for life insurance involves
§ 164. A fire policy covering merchandise the
§ 175. An insurance policy held a Massachu-
VI. PREMIUMS, DUES, AND ASSESS-
Avoidance of note given to insurance agent for
IX. AVOIDANCE OF POLICY FOR MIS-
(C) MATTERS RELATING TO PERSON
§ 291. Reference to previous application in
Information obtained by examining physicians
§ 291. Statement on examination of appli
§ 292. In an action on a life policy, insured's
XI. ESTOPPEL, WAIVER, OR AGREE-
§ 137. A stipulation in a life policy held to
§ 377. A life insurance company, having
rejected by another company, cannot rely upon | its nondelivery.-Schmerler v. Barasch (Sup.)
XII. RISKS AND CAUSES OF LOSS.
430. A surety company contracting to make
XIII. EXTENT OF LOSS AND LIA-
(C) GUARANTY AND INDEMNITY
513. Where insured in a liability policy in-
(D) LIFE INSURANCE.
§ 521. A life policy construed, and held not
XVI. RIGHT TO PROCEEDS.
$590. Where a third person, at the request
XVII. PAYMENT OR DISCHARGE,
XVIII ACTIONS ON POLICIES.
Information obtained by examining physicians
645. In an action on a contractor's liabili-
§ 624. Where plaintiff insured a watch, which
For cases in Dec. Dig. & Amer. Digs. 1907 to date
§ 648. In an action on a life policy, an ap-
$665. The evidence held insufficient to au-
§ 665. The company held not entitled to avoid
§ 719. An amendment to the by-laws of a
their prior right to sick benefits, held not bind-
§ 665. In an action on a liability policy, evi-
§ 668. Whether the examining physician cor-
§ 668. In an action on a liability policy,
XX. MUTUAL BENEFIT INSURANCE.
(B) THE CONTRACT IN GENERAL.
Criminal, see Criminal Law, § 42.
Effect as to credibility of witness, see Witness-
es, §§ 372, 374.
On award in condemnation proceedings, see Em-
I. RIGHTS AND LIABILITIES IN
§ 1. Where interest is not provided for by
& Indexes see same topic & section (§) NUMBER
INTERLOCUTORY INJUNCTION. See Injunction, § 154.
INTERLOCUTORY JUDGMENT. Review on appeal, see Appeal, § 875.
Of contracts, instruments or judicial acts and proceedings. See Bills and Notes, §§ 132-134; Bonds, § 64; Contracts, §§ 147-221; Covenants, § 69; Deeds, §§ 93-140; Guaranty, § 43; Indemnity, § 11; Wills, §§ 441-684.
Bill of lading, see Carriers, § 51. Contract for sale of realty, see Vendor and Purchaser, § 79.
Insurance policy, see Insurance, §§ 146-175. Lease, see Landlord and Tenant, §§ 38, 48.
To witnesses, see Depositions.
See Street Railroads, § 28.
See Descent and Distribution.
IV. LICENSES AND TAXES. 897. Under section 25 of the liquor tax law (Laws 1896, p. 67, c. 112, as amended by Laws 1897, p. 225, c. 312, § 17), one surrendering his certificate after the conviction of his employé of a violation of the liquor law held not entitled to a rebate.-People v. Clement (Sup.) 1098.
§ 106. It is no defense to a proceeding to revoke a liquor certificate that was surrendered before the discovery of a violation of the law and the commencement of the proceeding. In re Clement (Sup.) 1070.
Authority of insurance company to invest in bank stock, see Insurance, § 36.
In civil actions, see Pleading, § 376.
§ 143. Plaintiff, whose case was twice dismissed for his failure to appear for trial, held not entitled to have a default, entered upon the
Of causes of action, see Action, § 47.
Of offenses in indictment, see Indictment and second dismissal, vacated under Code Civ. Proc. Information, § 131. § 724, authorizing relief against a judgment