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Heydecker's Gen. Laws, p. 279, c. 5) $ 102. hi"?
not a partition thereof within section 7. 2: Liens, see Mechanics' Liens.
the only interest acquired by an Indian in : Public improvements, see Municipal Corpora- land allotted him is the right of occupaney aci tions, 88° 278-516.
the ownership of the improvements.-Terr.L.
v. Crowley (Sup.) 417. IMPUTED NEGLIGENCE
INDICTMENT AND INFORMATION. See Negligence, 88 95, 96.
Indictment for bookmaking, see Gaming, $ 87. INADEQUATE DAMAGES.
VI. JOINDER OF PARTIES, OFFENSES, See Damages, $ 130.
AND COUNTS, DUPLICITY,
$ 131. Where the grand jury had jurisdictia From life estate, see Life Estates, & 15.
of a felony charged, its jurisdiction was
affected by the fact that the same acts as INCOMPETENT PERSONS.
constituted a misdemeanor; and, under »
Cr. Proc. $ 279, it could charge the differtat See Insane Persons.
crimes in different counts of the indictment
People v. Foster (Sup.) 530.
$ 159. Under Code Cr. Proc. $ 293, an indict. Statute of frauds as affecting agreement to in- ment charging one with abandoning his cuir demnify guarantors of debt incurred by an- shelter for the child, may be amended as to live
and omitting to furnish necessary food an. other for accommodation of indemnitor, see People v. Lewis (Sup.) 893. Frauds, Statute of, $ 21.
$ 160. The court may in its discretion allow § 1. Defendant's agreement, made to induce an amendment to an indictment as to time i plaintiff to buy stock, held only to indemnify ther at the opening of the trial, relying on the plaintiff against loss in buying the stock, and statement of the district attorney as to #s: not to repurchase it on demand.-Norris v. Rey, the proof will be, or it may wait until the c* nolds (Sup.) 106.
crepancy as to date has been developed by the $ 11. No recovery can be had on a contract proof.- People v. Lewis (Sup.) 893. to indemnify and save harmless until actual damage is sustained.-Norris v. Reynolds (Sup.) IX. ISSUES, PROOF, AND VARIANCE 106.
$ 176. A variance between the indictment § 11. Plaintiff held not entitled to bring an and the proof respecting the date on which : action against defendant on his guaranty to in- crime was committed is immaterial unless tice demnify plaintiff against loss in purchasing is a necessary ingredient of the offense.-People stock until it appeared, after the lapse of a rea- v. Lewis (Sup.) 893. sonable time, that the stock or the property right attached thereto, had become partially worthless.-Norris v. Reynolds (Sup.) 106.
See Parent and Child.
Disability of infancy affecting limitations, see See Insurance, 88 430, 513, 665.
Limitation of Actions, & 72.
Right of sureties agreeing to pay expenses of INDEPENDENT CONTRACTORS.
infant to raise defense of infancy, see Prie
cipal and Surety, $ 83. See Master and Servant, 88 318, 322.
$8 52, 57, 58. An infant's note is voidable.
and may be affirmed after the infant becomes of § 10. Indian Law (1 Heydecker's Gen. Laws, age, or repudiated within a reasonable time be p. 250, c. 5) $ 2, authorizing an Indian to take, fore or after that event.-Darlington v. Hami: hold and convey real estate, held to extend on ton Bank of New York City (Sup.) 678. ly to lands outside of tribal lands.-Terrance
8 58. What constitutes a reasonable time v. Crowley (Sup.) 417.
within which an infant must repudiate a con$ 10. Indian lands within reservations held tract made during minority depends on the cir. not subject to state laws so long as the Indian cumstances of the case.-Darlington F. Hamiititle is not extinguished and the Indians main ton Bank of New York City (Sup.) 678. tain their tribal relations.-Terrance v. Crow
& 58. An infant's delay of four months after ley (Sup.) 417.
becoming of age in repudiating a note giren dur. § 13. An allotrrent on the St. Regis reserva- ing minority held not unreasonable.-Darlington tion to an Indian pursuant to Indian Law (1 v. Hamilton Bank of New York City (Sup.)
(G) PERSONAL RIGHTS AND DUTIES. $ 83. A guardian ad litem cannot be allow 8 101. In an action to enjoin labor lodges ed compensation beyond the taxable costs, in- and their members from unlawfully picketing cluding additional allowances authorized by plaintiff's factory and for damages, plaintiff statute.-Walbridge v. Walbridge (Sup.) 239. held entitled to an injunction and to recover for $ 84. A guardian ad litem cannot make any Jones v. Maher (Sup.) 180.
legal services and other expenses incurred.contract which would dispose of or create a lien upon the infant's cause of action or the pro
(H) CRIMINAL ACTS. CONSPIRACIES, ceeds thereof without the court's approval, so
AND PROSECUTIONS. that an agreement by a guardian ad litem without the court's approval to pay the attorney forcement of the criminal laws, nor prevent an
$ 105. The court will not restrain the enprosecuting the action a percentage of the recovery was illegal.-In re Hart (Sup.) 193.
arrest, even though the party charged with an offense asserts his innocence.-Colby v. Bingham
(Sup.) 705. INFERIOR COURTS.
III. ACTIONS FOR INJUNCTIONS. See Courts, 88 188–190.
§ 109. In an action against a trade union
lodge and others to enjoin interference with INFORMATION.
plaintiff and its business, an answer held not to
state a defense.-New York Oentral Iron Works Criminal accusation, see Indictment and In-Co. v. Brennan (Sup.) 457. formation.
8 128. That defendant street railroads under:
took under cover of night to lay tracks held INHERITANCE.
proof that they then supposed they had no law
ful right to tear up the street, and believed See Descent and Distribution.
that they were laying an unauthorized exten
sion.-Village of Waverly v. Waverly, S. & A. INHERITANCE TAX.
Traction Co. (Sup.) 1074. See Taxation, 88 865-900.
IV. PRELIMINARY AND INTERLOCU.
(A) GROUNDS AND PROCEEDINGS TO
PROCURE. Relief against particular acts or proceedings. 8 154. On a motion for an injunction to preSee Nuisance, 88 23–37.
vent a police commissioner and captain from Mismanagement by corporate officers, see Cor- pursuing a certain course of conduct, defendporations, $ 320.
ants claiming that the remedy, if any, was by a Revocation of license of picture show, see sion, under Pen. Code, $ 556, the injunction was
criminal prosecution against them for oppresTheaters and Shows, $ 3. Suit in another state, see Courts, 8 516.
denied, that a test might be made of the adeTransfer of assets of insurance company, rights quacy of the suggested remedy, with leave to of policy holders, see Insurance, 8 55.
renew the motion, if such criminal prosecution
should fail to afford the desired redress.-Colby I. NATURE AND GROUNDS IN GEN
v. Bingham (Sup.) 705. ERAL.
IN PAIS. (B) GROUNDS OF RELIEF.
Estoppel, see Estoppel, 88 58-88. & 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
INSANE PERSONS. by the grantee.- Anderson v. New York & H. R. Co. (Sup.) 954.
II. INQUISITIONS. Injunction denied, where the wrong in- Change of venue of trial to determine present tended to be prevented has already been cont
sanity of prisoner committed to asylum on acmitted.-Red Raven Social Club v. Bingham
quittal of murder, see Venue, $$ 45, 52. (Sup.) 709.
III. GUARDIANSHIP. II. SUBJECTS OF PROTECTION AND $ 41. Widow, while acting as committee of RELIEF.
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.
650. $26. Where a tenant sued to cancel the
INSOLVENCY. lease, claiming it was induced by fraud, held, that he was entitled to have an action by the See Bankruptcy. landlord for rent stayed until determination of Of bank, see Banks and Banking, $ 73. his action.-Van Riempst v. Weiher (Sup.) 218. l Of corporation, see Corporations, $ 553.
For cases in Dec. Dig. & Amer, Digs. 1907 to date & Indexes see same topic & section (8) NUMBER
and agreement to issue the policy and the tirs
when the first premium is paid and the piny
delivered.-Webster y. Columbian Nat. Life is
Co. (Sup.) 404.
(B) CONSTRUCTION AND OPERATION
$ 146. Insured's answers in his applica...
to questions therein which were framed by the
company will be construed most favorably to
insured. - Diamond v. Metropolitan Life Ins. Co.
8 156. A contract for life insurance involves
the risk which terminates on the death of in-
sured, and the obligation to pay in accordance
-McDonnell v. Mutual Life Ins. Co. of Ver
§ 164. A fire policy covering merchandise the
or on commission, held to cover goods as to
setts contract.-Hammond v. International Ky.
Co. (Sup.) 854.
breach of condition, see Bills and lotes, $
IX. AVOIDANCE OF POLICY FOR MIS-
REPRESENTATION, FRAUD, OR
BREACH OF WARRANTY OR
(C) MATTERS RELATING TO PERSON
as privileged communication, see Witnesses, I
$ 291. Reference to previous application in
prior examination for another policy still beld
good held not a warranty that would avoid the
policy because of illness subsequent to the int
of City of New York (Sup.) 1105.
fact been treated in a dispensary for an
known disease a year before, held not a breach
of warranty under the circumstances, so as to
Ins. Co. (Sup.) 617.
MENTS AFFECTING RIGHT TO
AVOID OR FORFEIT POLICY.
rejected by another company, cannot rely upon its nondelivery.-Schmerler V. Barasch (Sup.)
§ 645. In an action on a contractor's liabili-
ty policy, held, that a certain allegation was not
sufficient to admit proof of waiver or estoppel
precluding insurer from defending on tbe ground
that the action was barred under limitations pre-
8 648. In an action on a life policy, an ap-
Lynch v. Germania Life Ins. Co. (Sup.) 998.
$ 665. The evidence held insufficient to au-
thorize recovery on a burglary insurance poli-
cy.-Gordon V. Ætna Indemnity Co. of Hart-
ford, Conn. (Sup.) 558.
$ 665. The company held not entitled to avoid
through whom the policy was secured was an
agent of insurer.-Creem v. Fidelity & Casualty
Co. of New York (Sup.) 1042.
§ 668. Whether the examining physician cor-
held, in an action on the policy, for the jury.-
Lynch v. Germania Life Ins. Co. (Sup.) 998.
$ 668. In an action on a liability policy,
held, that there was no breach of warranty as
life insurance, such payments are
(B) THE CONTRACT IN GENERAL.
tional Law, $ 154.
§ 719. An amendment to the by-laws of a
their prior right to sick benefits, held not bind-
ing upon a member who did not consent to it.-
Brooklyn, E. D. (Sup.) 289.
§ 622. An action on a liability policy issued
es, $$ 372, 374.
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (3) NUMBER
JUDGES. See Injunction, $ 154.
See Courts; Justices of the Peace.
Remarks and conduct at trial, see Trial, $ 23. INTERLOCUTORY JUDGMENT.
III. RIGHTS, POWERS, DUTIES, AND Review on appeal, see Appeal, 8 875.
$ 32. Where a surrogate's term expires after INTERPRETATION.
decision on settlement of executor's acco 1908
but before finding and decret, his SUCESS: Of contracts, instruments or judicial acts and may sign the findings and make the decree, LLproceedings.
der Code Civ. Proc. $ 2481, subds. & 9.-la re See Bills and Notes, $8 132-134 ; Bonds, & 64; Taylor (Sup.) 1040.
Contracts, $8147-221; Covenants, $ 69;
Decisions of courts in general, see Courts, $ 107. chaser, $ 79. Insurance policy, see Insurance, $$ 146-175. In particular civil actions or proceedings Lease, see Landlord and Tenant, iš 38, 48.
See Quieting Title, $ 52; Replerin, $ 100.
On appeal, see Appeal, $$ 1171-1201.
Probate proceedings, see Wills, § 310.
To enforce mechanic's lien, see Mechanics' Liens To witnesses, see Depositions.
In criminal prosecutions.
IV. BY DEFAULT.
(A) REQUISITES AND VALIDITY.
103. A party should always be prepared INTOXICATING LIQUORS. to try his case when it is reached on the cal
endar, so as not to suffer a default; and Ibe IV. LICENSES AND TAXES. party who conforms to court rules as to the
time of trial should be protected against one § 97. Under section 25 of the liquor tax law who disregards them.-Salkind v. Levy (City (Laws 1896, p. 67, c. 112, as amended by Laws Ct.) 581. 1897, p. 223, c. 312, § 17), one surrendering his certificate after the conviction of his employé
§ 126. Where the minutes taken on an inof a violation of the liquor law held not entitled quest failed to show a cause of action against to a rebate.-People v. Clement (Sup.) 1098.
the defendant, his default should be opened.
Anglo-American Authors' Ass'n v. Sluisby $ 106. It is no defense to a proceeding to re- (Sup.) 31. voke a liquor certificate that it was surrendered before the discovery of a violation of the law tained," where there was no proof of plaintil's
§ 126. A default judgment should not be susand the commencement of the proceeding.-In re right to sue on the contract, to which be, was Clement (Sup.) 1070.
not a party.-Anglo-American Authors' Ass'n F.
Slutsky (Sup.) 31.
(B) OPENING OR SETTING ASIDE Authority of insurance company to invest in
DEFAULT. bank stock, see Insurance, $ 36.
In municipal court, see Courts, $ 189.
§ 138. Default judgment against defendant
corporation will be reversed; the person seried In civil actions, see Pleading, $ 376.
with summons not being a director or otficer of, In criminal prosecutions, see Indictment and or authorized to accept service for the corporaInformation, 8 176.
tion, and it having appeared only specially to Presented for review on appeal, see Appeal, 88 have judgment set aside.- Newmark' y. Loro169, 171,
witz Bros. (Sup.) 561. JOINDER.
§ 143. Plaintiff, whose case was twice dis
missed for his failure to appear for trial, held Of causes of action, see Action, $ 47.
not entitled to have a default, entered upon the Of offenses in indictment, see Indictment and second dismissal, vacated under Code Civ. Proc. Information, $ 131.
$724, authorizing relief against a judgment