Examination of non-resident of disqualification. L. 1877, p.
debtor. Anway v. David, 9 Hun, 310, c. 285.

296.

Non-resident debtor entitled to
notice of application for receiver.
Whitney v. Welch, 2 Abb. New Cas.
442.

Powers of clerk in N. Y. L.
1877, p. 290, c. 274.

Record of testimony. Testamen-
tary guardians. L. 1877, p. 224,
c. 206.

Practice on application to surro-
Peremptory order for the pay- gate to sign record of unfinished
ment of debt by a third person. business. Matter of Espie, 2
Winters v. McCarthy, 2 Abb. New Redf. Surr. 445.

Cas. 357.

set.

Practice. Papers to be present-
Third person who claims an off-ed, though on the files. Goulburn
Grassmuck v. Richards, 2 v. Sayre, 2 Redf. Surr. 310.

Abb. New Cas. 359.

Jurisdiction of surrogate of New

Compelling assignment. Clan York county, under act of 1870,
Ranald v. Wyckoff, 41 Super. Ct.
(J. & S.) 527.

Cur-

to construe will on probate.
ran v. Sears, 2 Redf. Surr.

Title to real estate not passed by 526.
recording order for receiver. Scott
v. Elmore, 10 Hun, 68.

Jurisdiction of surrogate over
testamentary trustees. Furniss v.
Receiver in supplementary pro- Furniss, 2 Redf. Surr. 497.
ceedings, powers of. Who may Order of, when an adjudication
take advantage of irregular ap- of existence of assets, as against
pointment. Underwood v. Sut-
receiver. Clark, Matter of, 2 Abb.
cliffe, 10 Hun, 453.
New Cas. 208.

Power of surrogate of New York
to allow costs and allowances.

Noyes v. Childrens' Aid. So., 10
Hun, 289.

Surrogate's order for delivery of
property to executor. Tilton v.
Ormsby, 10 Hun, 7.

Accounting of executors and
trustees: reference thereon. Bu-
chan v. Rintoul, 10 Hun, 183.

Jurisdiction over claim present-
ed by executor. Shakespeare v.
Markham, 10 Hun, 311.

Jurisdiction of surrogate over
disputed claims. Stilwell v. Car-
penter, 2 Abb. New Cas. 238.

Judicial discretion to open de-
cree. Bailey v. Stewart, 2 Redf.

Surr. 212.

On whose petition surrogate may

open decree. Wells v. Wallace, 2 law to "wards."
Redf. Surr. 58.

c. 101.

L. 1876, p. 80,

Void decree of surrogate. Bailey Exemption of lots occupied for
v. Stewart, 2 Redf. Surr. 212. educational purpose. People a
Void decree, when vacated. rel. St. John's College v. Commrs.
Matter of Espic, 2 Redf. Surr. 445. of Taxes, 10 Hun, 246.

Completion of roll; notice; re-
SUSPENSION OF POWER OF assessment. Overing v. Foote, 65

ALIENATION.

N. Y. 263.

L. 1845, p. 189, c. 180, § 29,

Limitation of power of: number
of beneficiaries: effect of invalid-as to posting notices of tax, and as
Woodgate v. Fleet, 64 N. Y.
to collector's fees, amended by L.
1876, p. 77, c. 96.

ity.
566.

SYRACUSE.

Power to appoint inspector of
milk. Destruction of impure
milk. Blazier v. Miller, 10 Hun,
435.

TAXES.

Undivided tract: collector's
affidavit and return; comptroller's
advertisement. Thompson t.
Burhans, 61 N. Y. 52; rev'g 61
Barb. 260.

Sales for, in Munroe. L. 1877,
p. 108. c. 104.

Requisites of affidavit to reduce.

Judicial restraint of legislative People ex rel. P. M. S. Co. v.
power to tax. Weismer v. Village Coms. of Taxes, 64 N. Y. 541; 5
of Douglas, 64 N. Y. 91; 6 T. & Hun, 200.

C. 514; 4 Hun, 201.

Correction of erroneous assess-

What property subject to-duties ment. People ex rel. Pells v.
on imports and exports. People Supervisors, 65 N. Y. 300.

ex rel. Haneman v. Tax Commrs., In what cases county court has

10 Hun, 255.

Taxation of bank stock-deduc-
tion for real estate. People ex rel.
Trademan's Bank v. Commrs. of
Taxes, 9 Hun, 650; rev'd see 10 Id.

xxvi.

On personal property of corpor-
ation: steamships. People ex rel.
P. M. S. Co. v. Coms. of Taxes, 64
N. Y. 541; 5 nun, 200.

power to order refunding. People
ex rel. Hermance v. Supervisors of
Ulster, 10 Hun, 545.

Appeals from boards of super-
visors' decisions as to assessment,
made to the State assessors (under
L. 1874, p. 464, c. 351, and L.
1859, p. 702, c. 312) to be in form
to be prescribed by State assessors.
The hearing and dismissal regu-
lated. L. 1876, p. 40, c. 49.
Remedy, when by action, and

Meaning of "land." People ex when by certiorari. People ex rel.
rel. Smith v. Commrs. of Taxes, 10
Hun, 208.

L. 1855, p. 728, § 5, providing for
taxing vacant land, am'd by pro-
viding for unpaid taxes of rail-
roads and selling lands of the
same for payment thereof, and by

Law . Commrs. of Taxes, 9 Hun,
609.

TELEGRAPHS.

Blank form constitutes a con-

extending the provisions of the tract; claim of damages presented

to clerk, not enough. Young v. trespass. Wanser v. Wyckoff, 9
W. U. Tel. Co., 65 N. Y. 163; 2 Hun, 178.

J. & S. 390.

TENANT FOR LIFE.

Liability for seizure of property
under attachment. Oestrich v.
Gilbert, 9 Hun, 242.

Cutting and carrying away logs.
Firmin v. Firmin, 9 Hun, 571.

Action by husband for trespass

Of pecuniary legaey. Smith v.
Van Ostrand, 64 N. Y. 278; 3 Hun,
450; 5 T. & C. 664.
Apportioning annual charges. upon his house on his wife's land.
Bidwell v. Greenshield, 2 Abb. New Alexander v. Hard, 64 N. Y. 228.
Cas. 427.
Requisite proof of title.
Burden of expenses and charges. wards v. Noyes, 65 N. Y. 125.
Gillespie v. Brooks, 2 Redf. Surr.

TRIAL.

Ed-

Notice: calendar, &c. L. 1876,
p. 453, c. 431; Code of Civ. Pro.
$977. And see INQUEST.

Jurors. L. 1876, p. 54, c. 69.
And see JURIES.

Trial of issue of fact in divorce.
Sullivan v. Sullivan, 41 Super. Ct.
(J. & S.) 519. Compare Code of
Civ. Pro. §§ 1013, 1014.

Waiver of right to go to jury.

Of amount due on execution. Hagaman v. Burr, 41 Super. Ct.
Tiffany v. St. John, 65 N. Y. 314;
5 Lans. 153.

(J. & S.) 423.

Too late to object to generality

Not allowable after trial. Bruce in pleading. Candee v. Burke, 10

Objection to evidence must be
specific. Somerville v. Crook, 9
Hun, 664.

General objection noted in refer-
lee's minutes, insufficient. Ib.

Mode of examining and object-
ing to examination of party against

Remedy of holder of town bonds.
Marsh v. Town of Little Valley, 64
N. Y. 112; 1 Hun, 554; 4 T. & C. representative of deceased &c.,

516.

Ib.

Brague v. Lord, 2 Abb. New Cas.

In what cases actions lie against. 1, 10.

Effect of contradiction of party.
Stilwell v. Carpenter, 2 Abb. New

Certain counties, &c., exempted
from board of auditors act of Cas. 238..
1875. L. 1877, p. 104, c. 99.

TRESPASS.

Admissibility of evidence of
damage, or of annual value, in
ejectment. Cagger v. Lansing, 64

Temporary use of boat is mere N. Y. 417.

Necessity of request to submit [verdict would not be sustained.
to jury. Bowe v. Gano, 9 Hun, 6. Davis v. Third Ave. R. R. Co., 41
Form of request to submit to Super. Ct. (J. & S.) 31.

jury. Dounce v. Dow, 64 N. Y. Terms of charge in action for
411; 6 T. & C. 653.
deceit. Morehouse . Yeager, 41

When proper to refuse submis- Super. Ct. (J. & S.) 135.

sion to jury. Cagger v. Lansing,

64 N. Y. 417, 427.

Refusal to repeat instructions
substantially given, not error.

Distinction between refusal to Spencer v. Humiston, 9 Hun, 71."
charge as requested, and submis-

sion of the question.

Blackmar, 64 N. Y. 440.

Verdict subject to opinion of

Voltz v. court. Partridge v. Norton, 9

Hun, 582. Compare Code of Civ.

Distinction between refusal to Pro. § 1185.
charge and submission of question

of fact. Sloane v. Elmer, 64 N. Y.
201; 1 Iun, 310.

Trial by jury in police court.
Expression of opinion in charge; People ex rel. Dargin t. Cox, 9
proper charge in railroad-crossing Hun, 146.

case.

Massoth v. Del. & Hud. Ca- In criminal case, challenge to
nal Co., 64 N. Y. 524; 6 Hun, 314. the array. Carpenter . People,
Instructions in accordance with 64 N. Y. 483.

unsound authority, followed by

Edwards, 2 Abb. New Cas. 300.

TROY.

Powers of common council-city
When question as to services advertising-notices of tax sales.
must be submitted to jury. Brague Francis v. City of Troy, 10 Hun,
v. Lord, 2 Abb. New Cas. 1.

515.

Weight of conflicting testimony Assessment for local improve-
of parties, to be submitted to ments. Troy & Lansingburgh R.
jury. Moody v. Pell, 2 Abb. New R. Co. v. Kane, 9 Hun, 506.
Cas. 274.
Power of common council as to
Improper evidence, properly ad-repavement. Moran v. City of
mitted, need not be struck out, but Troy, 9 Hun, 540.

jury should be instructed. Marks

v. King, 64 N. Y. 628.

TRUSTS (AND TRUSTEES).

Trial in insurance case; increase Construction of; appointment
of risk; when case should be left of cestui que trust as trustee, not
to the jury. Cornish v. Farm Build- favored. Matter of Moke, 2 Redf.
ings Fire Ins. Co., 10 Hun, 466.

Unguarded expressions in charge

Surr. 429.

What authorized as to real and
must be specifically pointed out by personal estate. Hagerty v. Hag-
counsel. Pitney v. Glen's Falls erty, 9 Hun, 175.

Ins. Co., 65 N. Y. 6, 17; 61 Barb.

335.

Vested and contingent estates.
Legal and beneficial. Remainder.

Case not to be submitted when Accounting. Next eventual es-

tate. Embury v. Sheldon, 2 Abb.

New Cas. 404.

Double commissions to testa-
mentary trustees and executors.

Dropping void provision. Wade Cram v. Cram, 2 Redf. Surr.
v. Holbrook, 2 Redf. Surr. 378. 244.
Distinguished from power in
trust. Bruner v. Meigs, 64 N.
506.

Y.

Distinction between active trust
and power. Woodgate v. Fleet,
64 N. Y. 566.

When created by conveyance
with power to sell and apply pro-
ceeds. Heermans v. Robertson, 64
N. Y. 332.

Commingling of funds. Graham
v. Van Duzer, 2 Redf. Surr. 322.

UNDERTAKING.

Effect of release of sureties on
appeal. Barnes v. Mott, 64 N. Y.
397.

UNLAWFUL ASSEMBLIES.

L. 1845, p. 5, c. 3, § 6, forbidding
assemblies of disguised persons,
amended by adding proviso ex-
empting fancy balls and masque-

Sufficient estate to fulfill trusts.
Bennett v. Garlock, 10 Hun, 328.
Duration and validity of. Wood-rades, provided that, if in cities,
gate v. Fleet, 64 N. Y. 566.

How resulting trust is created.
Helms v. Goodwill, 64 N. Y.
642.

they be held by permission of
police. L. 1876, p. 1, c. 1.

USE AND OCCUPATION.
Does not lie for use of way.

Resulting trust in partnership Forsyth v. Hartnett, 10 Hun,
realty. Fairchild v. Fairchild, 64 573.

N. Y. 471; 5 Hun, 407.

Trust under foreign law. Hull

v. Mitcheson, 64 N. Y. 639.

USURY.

In the sale of note having no

Jurisdiction of trusts of real consideration. Eastman v. Shaw,
property. Wells. Wallace, 2 65 N. Y. 522.

Redf. Surr. 58.

Grantee, not a borrower. Bissell

Purchase money mortgage taken v. Kellogg, 65 N. Y. 432; 60 Barb.
by trustee, held subject to the 617.

trust as against an assignee. Reid Valid obligation, not avoided by
. Sprague, 9 Hun, 30.
usurious security. Patterson v.
Resulting trust enforceable in Birdsall, 64 N. Y. 294; 6 Hun,
equity. Roulston v. Roulston, 64632.

N. Y. 652.

Substitution of new note for old

Costs of litigation as to property, one. Sherwood . Archer, 10
when chargeable on income. Bur-Hun, 73.

leigh v. Center, 41 Super. Ct. (J. & Grantee of mortgagor, precluded
S.) 441.
from pleading. Barthet v. Elias,

Jurisdiction of surrogate over 2 Abb. New Cas. 364.
testamentary trustees. Commis- Application of bonus, paid for
sions not allowed on annual ac- forbearance. Earle v. Hammond,
counting. Tucker v. McDermott, 2 Abb. New Cas. 368.

2 Redf. Surr. 312.

Defense gone, after judgment.