Conclusiveness of judgment, if
Affidavit necessary to
court had jurisdiction of the
a summons to show cause why a subject-matter, and of the persons,
defendant not served should not although erroneous, unless reversed
be bound by the judgment entered or vacated. Jenkins v. Fahey, 73
against the others served. Plead- N. Y. 355.
ings by person summoned. Free- For deficiency, must be recovered
man v. Barrowcliffe, 44 Super. Ct. in action for foreclosure, in order
(J. & S.) 313.
to sustain a subsequent action to
When section 379 of Code of enforce payment thereof out of
Pro., providing for a summons to land devised by mortgagor. Lock-
show cause why a defendant not wood v. Fawcett, 17 Hun, 146.
served should not be bound by the Mode of correcting judgment
judgment entered against the entered in action by plaintiff, suing
others served, not applicable. in a representative capacity as if
Freeman v. Barrowcliffe, 44 Super. in his favor personally, is by mo-
Ct. (J. & S.) 313.
tion at special term to amend.
Beers v. Shannon, 73 N. Y. 292.
Prayer for, not demurrable.
Non-liability of a judge of a Garner v. Harmony Mills, 6 Abb.
superior court, or court of general New Cas. 212.
jurisdiction, for a judicial act in a Priority of lien of mortgage to
matter within his jurisdiction, that of a judgment, entitling
although in excess thereof. Lange mortgagee to surplus moneys.
v. Benedict, 73 N. Y. 12.
Savings Bank v. Wood, 17 Hun,
133.
Questions of variance between
When judgments entered by proof and indictment, not to be
consent of defendant before ex-raised on motion in arrest of judg
piration of twenty days stated in ment.
summons, valid. White v. Bogart, Cas. 151.
73 N. Y. 256.
Case v. People, 6 Abb. New
Upon what, motion in arrest of
When impeachable, and for judgment can be made. Case *.
what jurisdictional defects. Chap- People, 6 Abb. New Cas. 151.
man v. Phenix Nat. Bank of N.
Y., 44 Super. Ct. (J. & S.) 340.
What consent that judgment be
entered, is equivalent to offer of
Erroneous judgment for money, judgment. White . Bogart, 73
when a delivery of bonds to a re- N. Y. 256.
ceiver would satisfy demand set When amendment to offer of
up in complaint. Wintermute v. judgment, not allowed. Riggs.
Cooke, 73 N. Y. 107.
Waydell, 17 Hun, 515.
Amendment of judgment after
What is interlocutory judgment.
appeal, giving a receiver additional Garner v. Harmony Mills, 6 Abb.
powers. McKelvey v. Lewis, 44 New Cas. 212.
Super. Ct. (J. & S.) 561.
When notice of appeal need not
appear in foreign judgment roll to has formed an opinion, properly
entitle it to be admitted in evi- overruled. Manke v. People, 17
dence. Pacific Pneumatic Gas Hun, 410.
Co. v. Wheelock, 44 Super. Ct. (J. Competency and challenges of.
& S.) 566.
Greenfield v. People, 6 Abb. New
When satisfaction of judgment Cas. 1.
not set aside on ground of mis- Proper practice in impaneling
take. Bensen v. Perry, 17 Hun, 16. jury. 6 Abb. New Cas. 13, note.
JUDICIAL SALES.
Provision in relation to auc-
tioneers' fees on judicial sales in
Nature and general rules of
challenges of. Id. 14, note.
Usual grounds of challenges for
counties of New York and Brook-principal cause. Id. 17, note.
lyn. L. 1879, p. 568, c. 519.
Usual grounds of challenges to
Purchasers to be reimbursed ex-the favor. Id. 18, note.
penses on failure of title: who to Disqualifying opinions of. Id.
bear deficiency. Muller v. Strupp-23, note.
man, 6 Abb. New Cas. 343.
Peremptory challenges of. Id.
Waiver of peremptory challenges
Acceptance by State, of jurisdic-of. Id. 31, note.
tion of territory ceded by Vermont
in 1876. L. 1879, p. 138, c. 93.
Extent, right and exercise of
political jurisdiction of a State.
McDonald . Mallory, 44 Super.
Ct. (J. & S.) 80.
Challenges to the array.
moning talesmen.
JUSTICE OF THE PEACE.
Justices of the peace authorized
to execute and file bond as required
court by L. 1878, c. 107, within sixty
Brown v.
days. L. 1879, p. 276, c. 201.
Acts of justices of peace having
failed to give an official bond,
Jurisdiction of supreme
over a foreign executor.
Jurisdiction in proceedings for legalized and confirmed. L. 1879,
forfeiture. Chapman v. Phenix p. 433, c. 360.
Nat. Bank of N. Y., 44 Super. Ct.
(J. & S.) 340.
L. 1846, p. 371, c. 276, extend-
ing powers of a justice of the
peace as to issuing executions
Sufficiency of appearance to after the term of his office has ex-
give jurisdiction. White v. Bo-pired, amended, extending its pro-
gart, 73 N. Y. 256.
visions to five years instead of two.
L. 1879, p. 393, c. 305.
How right of trial by jury
waived. Morrell v. Morrell, 17
Hun, 324.
Power of court to set aside
struck jury, and order another to
be struck. People ex rel. Kirtland
v. Dillon, 17 Hun, 1.
Jurisdiction of. Whitney v.
Daggett, 6 Abb. New Cas. 434.
Amendments to pleadings in
court of, when allowable. Walsh
av. Cornett, 17 Hun, 27.
On appeal from judgment ren-
dered in a justice's court, the costs
and return fees must be paid at
When challenge to juror who the time of service of notice of ap-
Section 1303 of Code of consideration.
Civil Procedure has no application ner, 44 Super. Ct. (J. & S.) 253.
to such appeals. Eldridge v. Un-
derhill, 17 Hun, 241.
Discharge of guarantor of mort-
gage by laches of holder. Collin's
Petition, 6 Abb. New Cas. 227.
Distinguished from false pre-
tenses. Zink v. People, 6 Abb. New
Cas. 413.
Verbal agreement to give lease,
not binding unless all the terms of
3 R. S. 6 ed. p. 824, § 28, the lease are settled. Sourwine v.
relating to summary proceeding,
amended by extending authority Truscott, 17 Hun, 432.
to remove tenants to any justice of Effect of entry under verbal
the peace of an adjoining town lease for more than one year.
having an office in a village which What not a surrender of leased
includes a portion of both towns
within its limits. L. 1879, p. 151, premises.
Craske v. Christian
Union Publishing Co., 17 Hun,
When covenant to repair does
When action to recover value of 319.
buildings erected
premises not maintainable. For- not compel a tenant to put leased
feiture in consequence of non-pay-premises in good repair. White
ment of taxes. Waiver of right v. Albany Railway, 17 Hun, 98.
to forfeiture. People's Bank of When an agreement to assign &
N. Y. . Mitchell, 73 N. Y. 406. municipal corporation lease consti-
When failure of landlord to re-tutes an agreement to assign an
pair does not justify an abandon-estate in the demised land. Ben-
ment by the tenant. McMann v. sel v. Gray, 44 Super. Ct. (J. & 8.)
Autenreith, 17 Hun, 163.
Liability of landlord for not
providing fire-escapes. Willy .
Mulledy, 6 Abb. New Cas. 97.
When a legacy a charge on real
Effect of entry under verbal estate. Hoyt v. Hoyt, 17 Hun, 192.
lease for more than one year. From what time interest allowed
What not a surrender of leased on legacy. Kerr v. Dougherty, 17
premises. Craske v. Christian Hun, 341.
Union Publishing Co., 17 Hun, When a legacy to an infant pay
able at a future day draws inter-
Right to use of land as a com- est, although not provided for in
pensation for services forfeited will. Brown v. Knapp, 17 Hun,
by a breach of the contract of ser-160.
vice. Butler v. Rice, 17 Hun, Forfeiture of legacy given to a
religious corporation. Matter of
When agreement to reduce rent Congregational Church in Union
reserved by a lease requires a new Village, 6 Abb. New Cas. 398.
Organization of senate districts
LIMITATIONS (OF ACTIONS).
Action to recover back double
and apportionment of members of the amount of money paid for lot-
assembly. L. 1879, p. 286, c. 208.
Officers and employees of the tery tickets need not be brought
legislature and their compensation; within one year. Limit of time
also provisions in regard to inves-discussed. Grover v. Morris, 73
tigating committees. L. 1872, p. N. Y. 473.
32, c. 12, and Id. p. 1151, c. 485,
relating to the same subject, re-
pealed. L. 1879, p. 445, c. 379, § 7.
Illegality, in this State, of lot-
What not a ratification by, of an teries authorized by laws of an-
illegal contract by canal commis-
sioners. People ex rel. Sage v.
Schuyler, 17 Hun, 106.
Power of, to confer on boards
of health authority to enact sani-
tary ordinances having the force
of law. Polinsky v. People, 73|
N. Y. 65.
other: action maintainable against
principal of agent selling tickets
in such lottery. Grover v. Morris,
73 N. Y. 473.
Section 47 of L. 1842, c. 135,
relating to expenses of managers
of the State Lunatic Asylum,
amended by defining their ex-
penses and how to be paid. L.
The term "blackmailing," li-1879, p. 43, c. 45.
belous per se. Law and practice
in actions for libel in regard to
MALICIOUS PROSECUTION.
publications in newspapers dis When probable cause a question
cussed. When damages for libel for the jury. Distinction between
not excessive. Robertson v. Ben-action for malicious prosecution
nett, 44 Super. Ct. (J. & S.) 66. and for false imprisonment. Neil
v. Thorn, 17 Hun, 144.
When general term cannot re-
Provisions for increasing num- duce damages awarded by verdict
ber of trustees of library compa- of jury in action for malicious
nies. L. 1879, p. 468, c. 413.
License to enter upon premises
for purpose of shoring up a wall,
in order to enable a party to exca-
vate adjoining premises, as required
by L. 1855, c. 6. Sun Printing,
&c. Assoc. v. Tribune Assoc., 44
Super. Ct. (J. & S.) 136.
Prohibition of throwing knives,
&c., and shooting at individuals.
L. 1879, p. 303, c. 227.
prosecution. Thaule v. Krekeler,
17 Hun, 338.
Properly granted to compel
common council of municipal cor-
poration to designate an official
newspaper. People ex rel. Francis
v. Common Council of Troy, 17
Hun, 20.
When special interest in relator
not necessary: how objection to
improper joinder of relators taken;
when objection deemed waived;
form of mandamus. People ex rel. jury. Hoffman v. N. Y. Central
Robison v. Supervisors of Ontario, & H. R. R. R. Co., 44 Super. Ct.
17 Hun, 501.
(J. & S.) 1.
What may be inquired into by When punitive damages not
tribunal asked to grant writ of. allowed against master for servant's
People ex rel. Freer v. Canal Ap-acts. Hendricks v. Sixth Ave. R.
praisers, 73 N. Y. 443.
R. Co., 44 Super. Ct. (J. & S.) 8.
What is such a departure of a
COMPA-servant from the business of his
master as to discharge the latter
L. 1853, c. 333, relating to an- from liability for former's negli-
nual report of trustees, &c., not re-gence. Quinn v. Power, 17 Hun,
pealed by L. 1875, c. 510. Pier 102.
v. George, 17 Hun, 207.
When contributory negligence
Defense by stockholder to action of employee, a question for the jury
by creditor of corporation, that he in an action against employer for
had loaned the corporation an injury resulting from negligence
amount equal to his stock. Agate of latter. Hawley v. Northern
v. Sands, 73 N. Y. 620.
Cent. Rw. Co., 17 Hun, 115.
Who not a laborer within mean- Contributory negligence of a co-
ing of the act making stockholders servant, no defense to action
individually liable for debts of against third person, not the em-
company owing to laborers. Right ployer. Perry. Lansing, 17
of assignee of such a laborer to en- Hun, 34.
force payment from stockholder. When master liable for acts of
Krauser v. Ruckel, 17 Hun, 463. servant done negligently, wan-
What is an assignment of debts tonly, or even willfully: when not
due from a manufacturing com-liable. Mott v. Consumers' Ice
pany to its laborers; right of the Co., 73 N. Y. 543.
assignee to sue. a stockholder What risk a servant assumes by
therefor. Pilcher v. Brayton, 17 accepting employment from an
Hun, 429.
owner of a ferocious animal. Mul-
Proof necessary to charge stock- ler v. McKesson, 73 N. Y. 195.
holder individually. Douglass v.
Ireland, 73 N. Y. 100.
MASTER AND SERVANT.
Duty of servant to devote his
entire time to his master's busi-
Who do not fall within rule of
respondeat superior. Faulkner v.
|Hart, 44 Super. Ct. (J. & S.) 471.
MECHANIC'S LIEN.
Repeal of act of 1863. Heck-
ness: a custom releasing him from mann v. Pinkney, 6 Abb. New Cas.
such duty, void. Stoney v. Far-371.
mers' Transportation Co., 17 Hun,
579.
When liability of master for acts
of a servant, a question for the
Limit of time for filing in N. Y.
Gates v. Buddensick, 6 Abb. New
Cas. 367.
Rules of proceeding, where sub-
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