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perpetuity was not established, but at most stand. Held, An arbitrary exercise of power
W $. & B. RŘ. Co. v. Yates, 272.
3. An order of General Term, in proceedings
by a railroad to acquire title to lands, va-
cating an award and directing a new ap-
praisal before new commissoners is not
own title, and the legal title will prevail. - though there is also an erroneous decision as
to costs.—In re application of the N. Y., W.
S. & B. RR. Co. to acquire land of Walsh et
4. The General Term, on reversing an order
of confirmation in such proceedings and ap-
pointing new commissioners, has no power
to award costs against the land owners.-- Id.
cceding to acquire title, under which the
company obtained possession, it obtained
an order allowing it to retain possession on
leaving open a gap for the passage of ves-
sels. The order of confirmation in the
present proceeding provided that on pay.
ment of the awards the company should
have complete possession and all former in-
consistent orders were annulled. The
company paid the awards and closed the
gap. Held, That the company did not
thereby preclude itself from appealing.-Id.
6. Where counsel sent a letter to the commis-
plaint that defendants, who hold the prop- purposes it appeared that the premises were
bridge. The land taken was in the south
part. The pipe under the canal had re-
mained there thirteen years. Held, That in
appraising the value the farm should be
considered as a whole, and that the spring
was an element of value to both parties and
was properly made an item of the dam-
ages.-In re The Boston, H. T. & W. RR.
Co. v. Turnbull et al., 375.
8. When no order of confirmation of the re-
port of commissioners in proceedings to take
land for a railroad has been granted the
company has a right to abandon the pro-
ceeding -In re application of the N. Y., W.
8. & B. RR. Co. to acquire lands of Watson,
10. Where upon appeal from an order in pro-
ceedings to take lands for a street, it ap-
In re application of Woolsey et al., 546.
ment cannot unite in a motion to vacate the
clusive upon the parties not only as to mat-
fense.—Patrick v. Shaffer, 415.
the defendant denied the loan and alleged
of defense in the former action.-Id.
MORTGAGE, 1; CONTRACT, 20 ; CORPORA-
public market appellant joined it by a pe.
In re application of Cooper, 28.
tations of one L. to convey certain land to
Simpson v. Del Hoyo et al., 144.
by way of defence only, and not as ground
estate of Wasser, 188.
that the acts and declarations of the party
ence it— Weiderwax v. Jacques, 240.
the fruits of labor, rendered on its request,
Gilbert v. The Village of Margaretville, 256.
tween the sum claimed in the summons and
Sherwood v. Hauser, 301.
1. To render the admission or declaration of
one conspirator admissible against the
New York, 39.
fendant referred plaintiff to his attorney as
of compromise. - French v. Powers, 87.
explanation is equally material with the
evidence given in such explanation.-Id.
given by defendant and wife to plaintiff's
5. An inchoate right of dower depending for time before, for the purpose of bringing
its existence upon the event of the suit is home knowledge to the employer of the
15. In such an action it is competent to show
how the defect in the machine was reme-
died shortly after plaintiff's injury, for the
purpose of showing how easily and safely
it could have been done before.-Id.
16. When the fact of non-payment is alleged
in the complaint as a necessary and ma-
terial fact to constitute a cause of action
a defense of payment is admissible under
a general denial.-Knapp v. Roche, 324.
17. Evidence of satisfaction, in whole or in
ages occasioned by the joint wrongful act
18. For the purpose of impeaching a witness
it is error to admit testimony showing that
he had made different statements from those
testified to on the trial unless the attention
of the witness sought to be impeached has
been first called to the place, time and cir-
cumstance of making the alleged statement
and he has denied making the same.-How-
ard v. lIoward, 330.
19. F., a deputy sheriff, levied an execution
against B. on the property of B.'s wife,
ecution to indemnify the sheriff against loss
by such levy. Mrs. B. sucd the sheriff and
recovered. In an action by the sheriff
physical exertion would have upon one's the promise, Held, That F. was not a com-
20. In an action to set aside a deed for fraud,
ceased personally in the transaction in tor testified to conversations with him in
and wife. The motion was denied. Held,
Error ; that the evidence should have been
taken in supplementary proceedings, is ciently specific.-Sanford et al. v. Ellilhorpe
et al., 423.
fraud or duress his subsequent declarations
are inadmissible to establish the point in
after his death by his personal representa-
23. A notary public may issue several certifi-
cates of protest, each of which shall be
31. A judgment roll is competent evidence for
or against either of the parties thereto in
information of a physician when called to
TRACT, 9, 13, 17: CONVERSION, 4; CRIMINAL
24. In an action to recover for moneys embez-
zled an employee of plaintiff testified that
25. Delivery of a promissory note by the ma.
ker to the holder, creating the relation of
v. Cook, 462.
not in his own behalf or interest, but to
gestæ, must accompany the act they are sup-
ant's track, bruised and mangled. Held,
1. The conviction of the barkeeper of a licen-
see for the violation of the excise law com-
People v. Meyers, 377.
jurisdiction to Boards of Excise to annul
execution against him, Held, In the ab-
Russell v. Dean, 5.
of administration, the surrogate makes a
In re estate of Bartlett, 65.
DEMPTION 1, 3 ; SHERIFFS, 3–6.
30. To bring evidence as to a transaction or in-
terview with a deceased person within the
also becomes a trustee, powers being con-
ferred and duties imposed upon him not That the real estate could only be conveyed
of a sale. - Wilder v. Ranney et al., 400.
9. Chap. 383, Laws of 1877, did not impose
an imperative duty on courts and surrogates
administrator in the cases mentioned, but
merely conferred an authority to be exer-
surrogates, and the exercise of such discre-
tion cannot be reviewed unless it ap.
arbitrary exercise of the power as amounts
to an abuse of a legal discretion.-In re 18-
tate of Goddard, 419.
10. So far as said act of 1877 purports to '
confer power to issue letters to the Trust
Company in the cases provided for in Chap.
124, Laws of 1882, it is repealed by the lat-
tor's land, Held, That the agreement was
void as against the estate, but as between
themselves and the vendee the executors
were personally bound so far as the terms of
the agreement were in excess of their au-
for a final accounting, the answer of the
executor does not deny the material allega-
to his will providing for his nephews, but rights or set up facts rendering them doubt.
sions as executors and as trustees the will
tendment, for the separation of the two
functions and duties, one to precede the
under the provisions of its owner's will, is begun, and must not provide for the co-
the real severance of the trust fund from the
general assets or a judicial decree which
wholly discharges the executor and leaves
Lawrence et al., 517.