out consent. L. 1876, p. 209, c. ready taken stand. Brown . 205; Code of Civ. Pro. § 90. Appointed to sell and report de- 594. REFORMATION OF CON- TRACT. Grounds for reforming insurance Complaint, not answer, to deter- 186. Action for damages for breach RELEASE. of building contract held not to Failure to give, according to § 1013. of Pro. § 271; Code of Civ. Pro. Effect of, to debtor by pledgor of Windsor Hotel Co., 10 Hun, 304. RELIGIOUS CORPORATIONS. Soc., 65 N. Y. 278. Fecs, on sale in partition. Rights as mortgagee in posses- Power to convey. Ref. Ch. G. When appeal from order con- 173. Right to mission chapel after Presbyterian Chur. v. Presbyterian Power to set aside report and Chur., 64 N. Y. 274. New act for Baptist churches. General act amended. Youngs, 65 N. Y. 599. And see L. 1876, p. 314, c. 329. Report on passing accounts of Power over assets of extinct REMAINDERS. Vested remainder: rule in Shel- Effect of clause ordering re-ly's case. Vested and contingent. Next] When repugnant to prior gift. REMOVAL OF CAUSES. SALE. Sale or return. Errico v. Brand, Morcy . When title passes. Requisites of delivery and ac- Corporation cannot remove un- Warranty of plant roots. Schutt What warranty implied in sale REPLEVIN. For emblements raised pending Y. 411. What is an acceptance and re- Deceit in inducing buyer to ac- Service at closed office. Return- Deposit in name of husband and SEAL. What is a seal. Gillespie v. SECURITY FOR COSTS. Asinari v. Volkening, 2 Abb. New Cas. 454. By delivery at coroner's office. Service according to laws of coun- Service and proof of, in case of Not dispensed with by indem-Abb. New Cas. 69. Indorsement to "return if not dian ad litem. Ordered from irresponsible guar- Defective affidavit of service of Admission of service of sum- Security by insolvent guardian mons, as of prior day, not fraudu- ad litem. Wice v. Commercial 325. SEDUCTION. Service by publication obtained Mother's action: compensation Hun, 370. SENTENCES. Foreign divorce sustained by Service by publication-juris- For a misdemeanor the court diction-fraud - application by c. 62. SEQUESTRATION. Practice in, and effect of. Fos- SERVICE (AND PROOF OF). Stanton v. Crosby, 9 Hun, 370. SERVICES. Compensation for agreeing not Services rendered by one mem- As between members of family: Van Schoyck v. Backus, 9 Hun, Wehle v. Conner, 41 Super. Ct. (J. 68. Agreement to compensate by Deputy may purchase judgment. Services rendered in expecta- Delivery of property held under Action on note given to nurse in 686. view of death. Earl v. Peck, 64 N. Y. 596. Right to SHIPPING. reward offered. Chattel mortgage; lien for re- Brague v. Lord, 2 Abb. New Cas. 1; pairs; remedies. Scott v. Dela- SET-OFF. Of one judgment against an- Effect of, on attorney's lien. Cas. 279. hunt, 65 N. Y. 128; 5 Lans. 372. SOCIAL AND RECREATIVE CLUBS. General act amended in §§ 2 and Personal liability of president off When judgment may be set Set-off of judgment in case of SPECIAL PROCEEDING. Commitment of referce for con- assignment and attorney's lien. tempt, for refusing to carry out People ex rel. Day v. Bergen, 9 Set-off allowed against assign-Hun, 202. third person. Barlow v. Myers, 64 SPECIFIC PERFORMANCE. Of parol contract partly perform- Liable for negligent custody by ham, 10 Hun, 311. deputy. Witowski . Brennan, 41 Super. Ct. (J. & S.) 284. STATE. Sheriff-action against for fail- Rights as owner of land within stein v. Sammis, 10 Hun, 585. Duty as to return of execu- STATUTES. What are retrospective. People ex rel. Pells v. Supervisors, 65 N. ex rel. Murphy v. Gedney, 10 Hun, v. Kelly, 10 Hun, 283. Sufficiency of affidavit to pro- vice. People ex rel. Hughes . Meaning of "bi-ennially." Peo- Lamb, 10 Hun, 348. ple ex rel. Lansing v. Tremain, 9 SUMMONS. Repealed by implication. Wal- Variance from complaint. Bar- 194; 79. Repealed by implication, not Re-enacted by reference thereto. STAY OF PROCEEDINGS. SUPERINTENDENT. SUPERVISORS. Legislative powers of. L. 1876, Time of meeting under act ex- Stay of proceedings under inter-". Tompkins, 64 N. Y. 53; G Hun, locutory judgment, pending motion STIPULATION. Of evidence to be read. 299. Power to authorize building of Power to reduce width of high- Stipulation to abide event, with- SUBROGATION. What action may be reconsid- Clerk to send proceedings to General doctrine of. Barnes v. 102. SUMMARY PROCEEDINGS. Legal effect annulled, on equit- SUPPLEMENTARY PROCEED- INGS. Fine for failure of defendant to able grounds. Elverson v. Van-appear. Reynolds v. Gilchrest, 9 257. Power of referee to adjourn. |