Parol or extrinsic evidence of sealed instrument, Decree for distribution of property of decedent's
see Evidence, § 431.
estate, see Executors and Administrators, §
315.
Direction of verdict, see Trial, § 178.
Judgment in municipal court, see Courts, § 189.
![[blocks in formation]](https://books.google.gr/books/content?id=i-gKAAAAYAAJ&hl=el&output=html_text&pg=PA1231&img=1&zoom=3&q=%22a+gift+of+an+aggregate+sum+to+a+body+of+persons+uncertain+in+number+at+the+time+of+the+gift,%22&cds=1&sig=ACfU3U10xLP_0WZDVj1e9jSv1scmZPStlg&edge=0&edge=stretch&ci=492,278,437,499)
Determination of amount and items of costs on
recovery on counterclaim, see Costs, § 146.
Set-off or counterclaim in answer, see Pleading, See Statutes, § 97.
§ 167.
Setting up counterclaim as a defense to action
on note of corporation as affecting necessity
of filing copy of order directing trial of issues
and right to judgment by default, see Corpora-
tions, § 513.
In particular actions or proceedings.
For price of goods, see Sales, § 348.
II. SUBJECT-MATTER.
25. In an action by an employé to recover a
sum deposited as security for his honesty, the
employer held entitled to set up certain counter-
claim-Lind v. Demorest (Sup.) 656.
§ 29. The words "subject of the action," as
used in Code Civ. Proc. § 501, held to mean the
facts constituting the cause of action.-Van v.
Madden (Sup.) 1115.
§ 29. Under Code Civ. Proc. § 501, denial
of defendant's motion for judgment on coun-
terclaim held proper.-Van v. Madden (Sup.)
III. OPERATION AND EFFECT.
59. Where plaintiff's claim was admitted,
a judgment for the full amount of defendant's
counterclaim held error.-Darlington v. Hamil-
ton Bank of New York City (Sup.) 678.
SPECIFIC PERFORMANCE.
II. CONTRACTS ENFORCEABLE.
§ 68. Matter to be shown before equity will
enforce specific performance of a contract to
sell chattels stated.-Harle v. Haggin (Sup.) 51.
IV. PROCEEDINGS AND RELIEF.
114. Where a complaint, praying for equi-
table relief only, was demurrable, defendant
was entitled to have his demurrer sustained,
though a cause of action for money damages
could be spelled out.-Dingwall v. Chapman
(Sup.) 520.
§ 114. A complaint against brokers to compel
a delivery of stock purchased for complainant
held not to state a cause of action for equitable
relief. Dingwall v. Chapman (Sup.) 520.
§ 114. A complaint by a client against his
brokers to compel performance of their engage-
ment to purchase for and deliver to him certain
shares of corporate stock held not to state a
cause of action for specific performance.-Morri-
son v. Chapman (Sup.) 522.
SPIRITUOUS LIQUORS.
See Intoxicating Liquors.
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER
Of facts agreed on for submission to court, see
Submission of Controversy.
Of plaintiff's claim, see Pleading, § 52.
Conflicting jurisdiction of courts of bankruptcy
and state courts, see Bankruptcy, § 20.
Courts, see Courts.
Payment into treasury of state of bequest to
persons not proved to be in existence at time
of death of testator, see Executors and Admin-
istrators, § 303.
I. POLITICAL STATUS AND RELA-
TIONS.
§ 1. The state held governed in controver-
sies in court by the same principles applying
between individuals.-Fulton Light, Heat &
Power Co. v. State (Ct. Cl.) 1000.
For statutes relating to particular subjects, see
the various specific topics.
Laws denying due process of law, see Consti-
tutional Law, § 290.
Laws denying equal protection of laws, see Con-
stitutional Law, § 240.
Laws impairing obligation of contracts, see Con-
stitutional Law, §§ 154, 172.
Statute of frauds, see Frauds, Statute of.
Statutes of limitation, see Limitation of Ac-
tions, § 5.
I. ENACTMENT, REQUISITES, AND
VALIDITY IN GENERAL.
81. The statutory law of a state has no ex-
traterritorial force.-Pietraroia v. New Jersey
& H. R. Ry. & Ferry Co. (Sup.) 249.
II. GENERAL AND SPECIAL OR LO-
CAL LAWS.
§ 97. Village Law, § 170, added to Lav
1897, p. 366, c. 414, by Laws 1907, p. 126.
93, relating to the lighting of streets 14 feet
wide or less, held not in violation of Const. art.
3, § 18, relating to the passage of private laws.
Smith v. Smythe (Sup.) 1071.
VI. CONSTRUCTION AND OPERA-
(A) GENERAL RULES OF CONSTRUC-
TION.
§ 183. The thing which is within the letter
of the statute is not within the statute, unless
it is within the intention of the Legislature.-
People v. Lane (Sup.) 990.
§ 192. In construing statutes, words are to
be used in their technical meaning, if they have
acquired one, and, if not, their popular mean-
ing.-People v. Lane (Sup.) 990.
(B) PARTICULAR CLASSES OF STAT-
§ 241. A penal statute should be construed
more strictly than a contract.-People v. Fried-
man (Sup.) 538.
(D) RETROACTIVE OPERATION.
Law relating to summary proceedings for dispos-
session of tenant, see Landlord and Tenant,
§ 295.
VII. PLEADING AND EVIDENCE.
§ 280. Under a city charter, a complaint
failing to refer to it, as required by Code Civ.
Proc. § 530, is subject to demurrer.-Kosters
v. National Bank of Auburn (Sup.) 647.
CITY CHARTERS.
Greater New York. Laws
1897, p. 22, ch. 378, § 51 645
Greater New York. Laws
1897, p. 139, ch. 378, §
383
Greater New York. Laws
1897, pp. 519-524, ch.
378,
1472-1487.
Amended by Laws 1901,
p. 657, ch. 466, § 1620,
subd. 3..
Greater New York. Laws
1901, p. 222, ch. 466, 8
Greater New York. Laws
1901, p. 395, ch. 466, §
934
Greater New York. Laws
1901, pp. 522, 523, ch.
466, §§ 1237, 1240, 1241 66
Greater New York. Laws
1901, p. 641, ch. 466, §
1553
New Rochelle. Laws 1899,
p. 242, ch. 128, § 222.. 822
1786, p. 334, ch. 67... .1000
1848, p. 448, ch. 319, § 6.
Amended by Laws 1903,
p. 1412, ch. 623, § 1.... 424
1866, p. 610, ch. 273.
Amended by Laws 1898,
p. 1280, ch. 539...
1877, p. 463, ch. 416, §
3347, subd. 7.
1879, p. 397, ch. 310.
1884, p. 253, ch. 198, §
530 1887, p. 937, ch. 721...
893 1890, p. 965, ch. 545.
911 1890, p. 1063, ch. 563, §
870 16
1896, p. 67, ch. 112, § 25.
Amended by Laws 1897,
1896, pp. 589, 592, ch. 547,
p. 225, ch. 312, § 17...1098
$$ 197, 207.
1896, pp. 618, 619, ch. 547,
$$ 280, 281...
1896, p. 795, ch. 908.
1896, p. 795, ch. 908 (88
42, 45, added by Laws
1899, p. 1590, ch. 712,
$ 2)..
1896. p. 795, ch. 908 (8
187a added by Laws
1901, p. 316, ch. 132, §
1). Amended by Laws
1901, p. 1320, ch. 535..1078
1896, p. 795, ch. 908 (§
259a added by Laws
1905, p. 624, ch. 348, § 1) 947
1896, p. 796, ch. 908, § 2,
subd. 3. Amended by
Laws 1899, p. 1589, ch.
712, § 1.
4, subd. 5.....
.1074
893 1890, p. 1112, ch. 565, §
718 98. Amended by Laws
870 1892, p. 1404, ch. 676... 939
870 1890, p. 1148, ch. 566, §
705 65
683
1890, p. 1168, ch. 567, 8
2, subd. 1...
1890, p. 1192, ch. 568, §
80. Amended by Laws
1897, p. 86, ch. 204, § 1;
Laws 1904, p. 985, ch.
387, § 1.
p. 1196, ch. 474, § 2....1078
1896, p. 868, ch. 908, §
220
..816, 1030
1897, p. 22, ch. 378, § 51.. 645
1897, p. 86, ch. 204, § 1.. 929
1897, p. 139, ch. 378, § 383 939
1897, p. 225, ch. 312, § 17..1098
1897, p. 366, ch. 414 (§ 170
1897, p. 541, ch. 418, §
116. Amended by Laws
1900, p. 1624, ch. 762.. 98
1897, p. 742, ch. 612, § 180 665
1898, p. 1280, ch. 539. .1107
1899, p. 242, ch. 128, § 222 822
1899, p. 798, ch. 370, § 8..
290, 908
1899, p. 802, ch. 370, § 12 994
1899, p. 809, ch. 370, § 21.
Amended by Laws 1904,
p. 1694, ch. 697... 994
1899, p. 1589, ch. 712, § 2 209
1900, p. 420, ch. 195, § 21 371
1900, p. 1624, ch. 762.. 98
1901, p. 222, ch. 466, § 496 642
1901, p. 316, ch. 132, 1..1078
1901, p. 395, ch. 466, § 934 947
1901, pp. 522, 523, ch. 466,
§§ 1237, 1240, 1241..
1901, p. 641, ch. 466, §
1553
1901, p. 900, ch. 334, § 40.
Amended by Laws 1903,
p. 406, ch. 179, § 25.... 538
1901, p. 961, ch. 354. 772
1901, p. 1320, ch. 535.
...1078
1902, p. 1486, ch. 580. 4
1902, p. 1500, ch. 580, § 32 309
1902, p. 1501, ch. 580, § 34 13
1902, p. 1516, ch. 580, § 79 710
1902, p. 1517, ch. 580, § 85
602, 615
1902, p. 1518, ch. 580, § 86 615
1902, pp. 1529, 1530, ch.
661
580, 88 120 123..
1902, p. 1562, ch. 580, §
253
| 1902, p. 1749, ch. 600, 2
359, 856
1903, p. 406, ch. 179, § 25 538
1903, p. 1142, ch. 490, §
270a
32
1903, p. 1412, ch. 623, § 1 424
1904, p. 985, ch. 387, § 1.. 929
1904, p. 1694, ch. 697. 994
1905, p. 624, ch. 348, § 1.. 917
1905, p. 1208, ch. 539.. 798
1905, p. 2027, ch. 724..439, 642
1905, p. 2027, ch. 724.
Amended by Laws 1906,
p. 736, ch. 314.
1905, pp. 2034, 2039, ch.
1902, p. 1563, ch. 580, 8
1902, p. 1563, ch. 580,
1906, p. 303, ch. 178, § 94.
256
1902, pp. 1563, 1578, ch.
1901, p. 657, ch. 466, §
1620, subd. 3.
1902, p. 1586, ch. 580, §
332, subd. 7.
1902, p. 1590, ch. 580, §
346
172
1902, p. 1748, ch. 600..504, 609
1902, p. 1748, ch. 600, § 1 878
1906, p 794, ch. 326, § 32..1056
1906, p. 1196, ch. 474, § 2..1078
1906, p. 1682, ch. 657, § 1
343, 746
1907, p. 126, ch. 93. § 1...1071
1908, p. 433, ch. 148...61, 851
1908, p. 1217, ch. 426..628, 667
![[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors]](https://books.google.gr/books/content?id=i-gKAAAAYAAJ&hl=el&output=html_text&pg=PA1234&img=1&zoom=3&q=%22a+gift+of+an+aggregate+sum+to+a+body+of+persons+uncertain+in+number+at+the+time+of+the+gift,%22&cds=1&sig=ACfU3U0KfNa9xKzg5Uk4sTR1c3Y8dvlQ6w&edge=0&edge=stretch&ci=96,617,861,509)
$28. Laws 1890, p. 1084, c. 565, § 4, subd.
5, held to authorize connection of railroads
which do not in fact intersect, but come
near as to be desirable, as where two inter-
urban street railroads are within about 300
feet of each other.-Village of Waverly v.
Waverly, S. & A. Traction Co. (Sup.) 1074.
§ 28. Where connection is proposed to be
made in a street between interurban lines for
exchanging cars, held, that village trustees
had the right to participate in determining the
Village of Waverly v. Waverly, S. & A. Trac-
place and manner of making the intersection.-
tion Co. (Sup.) 1074.
§ 37. A street railway company required by
its franchise and by Railroad Law (Laws 1890,
p. 1112, c. 565) § 98, as amended by Laws 1892,
p. 1404, c. 676, to keep in permanent repair
all portions of the street between its tracks and
two feet outside, held to have no constitutional
Taxation of corporate stock, see Taxation, 8 right to be heard on the question whether the
Health regulations as to storage in tenement
houses, see Health, § 32.
STREET RAILROADS.
Carriage of passengers, see Carriers.
requirement to lay a new and improved pave-
ment is reasonable.-City of New York v. New
York City Ry. Co. (Sup.) 939.
§ 37. Under Railroad Law (Laws 1890. p.
1112, c. 565) § 98, as amended by Laws 1892,
p. 1404, c. 676, a street railway company held
required to repave its part of the street when
the pavement of the street as a whole has be-
come so out of repair that a new pavement is
necessary, and the proper local authorities have
determined that the public interests require a
new pavement.-City of New York v. New
York City Ry. Co. (Sup.) 939.
§ 38. Street railroad company, notified by a
city to repave between its tracks within 30
days, as provided by statute, which failed to
comply with notice, held liable for the cost of
the work subsequently done by the city.-City
of New York v. New York City Ry. Co. (Sup.)
765.
II. REGULATION AND OPERATION.
Liability of street railroad company for injuries
to servant, applicability of Railroad Law, see
Master and Servant, § 250%.
Res gestæ, see Evidence, § 123.
tion of the question were before the court.-
Doyle v. John E. Olson Realty Co. (Sup.) 834.
§ 17. The rights of persons not parties to
a submission of a controversy cannot be deter-
mined.-Silver Lake Assembly v. Hard (Sup.)
1061.
SUBSCRIPTIONS.
Evidence of contract for subscription to periodi-
cal publication, see Contracts, § 28.
Tenancy at sufferance, see Landlord and Tenant,
§ 118.
SUIT.
§ 98. Failure of a person crossing a street to See Action.
look for an approaching car held contributory
negligence.-Daly v. New York City Ry. Co.
(Sup.) 698.
$ 114. In an action for death of plaintiff's
intestate through being struck by a street car
while attempting to cross the track, evidence
held to show contributory negligence.-Pietra-
roia v. New Jersey & H. R. Ry. & Ferry Co.
(Sup.) 249.
§ 117. Testimony of one injured in a colli-
sion with a street car held not to authorize a
finding as a matter of law that he was free
from contributory negligence and that the mo-
torman was negligent.-Jaffa v. Nassau Electric
R. Co. (Sup.) 324.
§ 118. It is error to refuse to charge that a
street railway company has a paramount right
to its track in the middle of a block.-Jaffa v.
Nassau Electric R. Co. (Sup.) 324.
See Highways; Municipal Corporations, §§ 657,
705, 777-818.
As excuse for delay of contractor, see Contracts,
$$ 300, 349.
Liability of trade unions and their members for
illegal acts, see Trade Unions, § 8.
Restraining unlawful acts, see Injunction, §
101.
Rights of strikers, see Torts, § 10.
SUBLETTING.
See Landlord and Tenant, §§ 79, 802.
SUBMISSION OF CONTROVERSY.
SUMMARY PROCEEDINGS.
Recovery of possession by landlord, see Landlord
and Tenant, §§ 295-305, 329.
Revocation of license to conduct theater for
violation of ordinance relating to Sunday ex-
hibitions, see Theaters and Shows, § 3.
SUPPLEMENTARY PROCEEDINGS.
See Execution, §§ 370-418.
SURETYSHIP.
See Principal and Surety.
SURPRISE.
Ground for new trial, see New Trial, § 88.
SURROGATES' COURTS.
Jurisdiction of accounting by executor or ad-
ministrator, see Executors and Administra-
tors § 473.
Jurisdiction of claims against decedent's estate,
see Executors and Administrators, § 250.
Expenses of survey as part of cost on foreclos-
ure, see Mortgages, § 582.
§ 3. Courts will not decide questions sub- See Partnership, § 258.
mitted in which parties not before the court are
interested, the effect of which would be to fore-
close their rights without a hearing, even though
it might lead to the settlement of a particular Of attorney, see Attorney and Client, §§ 39, 53.
controversy.-Doyle v. John E. Olson Realty Of foreclosure sale, see Mortgages, § 511,
Co. (Sup.) 834.
§ 3. A question submitted on an agreed state-
ment of facts held not to be answered, where
neither all the facts and circumstances nor all
the parties necessary for a proper determina-
Construction of by street railroads, see Street
Railroads, § 28.
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER
|