frame of action was 368. different. impeached by action for neglect Herrington v. Robertson, 7 Hun, or misconduct of attorney. Smith Entry of, on demurrer to answer 211. 7 Hun, 93. Towle . De Witt, Proper judgment where a de- Costs of order vacating judg Effect of, without personal ser- judgment. Bennett v. Buchan, 61 Ins. Co., 63 N. Y. 114. Barb. 578; S. C., 5 Abb. Pr. N. S. Effect of offer of judgment in 412. 63 N. Y. 261. JUDICIAL ACTS. What are, as distinguished from Effect of offer to allow judg- R. R. Co., 62 N. Y. 290. Not void because entered after N. Y. 378. Judgment need not be signed JUDICIAL SALE. Title of purchaser not affected Relief exceeding demand, irreg- refused to complete purchase. Purchaser with knowledge of If broader than the evidence, defect, not discharged. Fryer. Ct. (T. & C.) 231. No fees to auctioneer for servi- Postponed to subsequent mort- 526. JURISDICTION. Not acquired by long exercise. Of action by assignee in bank. In what case judgment may be 27. Of special proceeding against When security on appeal to safe Building, Ante, 464. Of actions against foreign cor- A refusal to dismiss appeal when Of superior city courts: waiver Costs on appeal from justice's LANDLORD AND TENANT. Relation of several assignees of Easement acquired by tenant Alias summons. People ex rel. Liability of owner of premises Liability of landlord in the case day. Ready Roofing Co. v. Cham- of adjacent excavation. White v. Form of judgment in replevin; who may take advantage of error Mealio, 63 N. Y. 609; rev'g 37 Liability for injury upon fire es- in. Haight v. Haight, 7 Hun, 87. cape. McAlpin v. Powell, Ante, 427. Remedy of tenant on agreement surety. Morgan. Smith, 7 Hun, v. Rector, &c. of Trinity Church, 7 Hun, 89. LEAVE OF COURT. Action by tenant for fraud and Lease to nol. pros. is an adjudi- abuse of process. Effect of direction of postpone- ground. Ogden v. Jennings, 62 ment of payment of legacy until N. Y. 526; affi'g 66 Barb. 301. Distinction between sub-lease and assignment. Woodhull v. No surrender of, by parol re- settlement of account. Gilman . LEGALITY. Includes constitutionality. Mat- Renewal of; inures to benefit of ter of Donohue, Ante, 1. What is attornment, and its ef- Y. 6. Guarantor not necessarily dis- LEGATEES, &c. In what case liable in action for LIBEL. Advertisement of caution to Defense to action upon, because Wallace v. Bennett, Ante, 478. possession of entire premises not LICENSE. By one of several executors. Tenants' remedy on landlord's Partridge v. Eaton, 63 N. Y. 482; Lessee sued jointly with surety. Decker v. Gaylord, 8 Hun, 110. LIMITATIONS. On contract made out of the Right of surety on lease, to off- State, residence in State for period sance. Campbell v. Seaman, 63| Probable cause, when a question Of action on judgment of an- Advice of counsel, &c., malice. MANDAMUS. No deduction made for idiocy Distinction between judicial and Nuisance in navigable stream. When cannot issue against sur- Motion for; where to be made. Mandamus to enforce issue of Acknowledgment of debt; to alias summons. People ex rel. whom made. terton, 7 Hun, 230. When begins to run against action to charge trustees of cor- MANUFACTURING COM- Jones v. Barlow, 62 Manufacturing corporations' LIS PENDENS. 44. Annual report must be filed, Effect of, as to tax sale. Brown menced. Jones v. Barlow, 62 N. MALICIOUS PROSECUTION. Y. 202; rev'g 38 Super. Ct. (J. & Liability of trustees for failure What is termination of the to publish annual reports. Effect 601. Probable cause for charging Managing agent not a ser- Settlement as for debt, does not Mode of filling vacancy in. Holders of stock issued for to servant. Gibson v. Erie Rail- v. Andrews, 63 N. Y. 93. Liability of master for injuries Barlow, 63 N. Y. 62; rev'g 38 Prosecution of servant for em- Individual liability in. Meriden MAYHEM. What deliberation must be Created by certificate and user; shown. & S.) 463. MECHANIC'S LIEN. For what debts trustees may be Mechanic's lien cannot be en- & S.) 142. v. Reynolds, 7 Hun, 73. Title of owner of fee not af- Remedy against trustees for di- 508. MARINE COURT. Power as to supplementary pro- Construction and effect of ceedings. Holbrook v. Orgler, 40 estate under Kings and Queens Conklin v. Bauer, 62 Foreclosure under New York v. Banker, 63 N. Y. 409; affi'g 4 N. Y. 624. Hun, 259. Effect of failure to serve bill of Evidence of change of concubin- particulars in action to foreclose. age into matrimony. Foster v. Norcott v. First Baptist Church of Hawley, 8 Hun, 68. MASTER AND SERVANT. Rome, 8 Hun, 639. Verification of bill of particu- lars on foreclosure of. Grey . Master, when liable for injuries Voorhis, 8 Hun, 612. |