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As to practice in criminal cases, see ASSAU LT, p art.-Pakalinsky v. The N. Y. C. & H. R.
1; CRIMINAL LAW, 1, 2, 4, 8, 9; FALSE RR. Co., 44.
2. The statute requiring certain signals to be
given by the engine at road or street cross-
see those titles, as ATTACAMENT, 3, 6, 10, sons crossing the track while traveling on
is not a travelled street within the meaning
PARTY, 1; Costs, 6, 8, 12, 16-18; CRIMI-
4. Plaintiff, a brakeman, was injured by the
breaking of a brakewheel. He testified
that there was a new brakewbeel that was
of a different shape, but failed to show
the old shape was not strong enough for its
purpose. He also introduced a rin which
he claimed to belong to the wheel which
broke, but failed to prove that it belonged
to that wheel or that it was found near the
scene of the accident; he could only say it
was of the same pattern. Held, That a non-
suit should have been granted; that there
was a total failure to show any negligence
of defendant growing out of the kind or
pattern of the wheel.-Disher v. The N. Y.
C. & H. R. RR. Co., 103.
5. The consent of abutting owners, required
by $ 18, Art. 3, of the State Constitution.
10 the construction of a street railroad,
need not be under seal and need not con-
vey to the railroad company any fee or
easement in the street.-In re The Cortland
d. Homer Horse RR. Co. v. T'he Syr., B. &
N. Y. RR. Co., 163.
6. Defendant covenanted with plaintiff that
it would pave the streets in and about its
rails in a permanent manner, and keep the
same in repair to the entire satisfaction of
the Street Commissioner. Held, That de-
fendant's covenant required it to keep the
pavement in repair between the rails.-
The Mayor, &c., of N. Y. v. The Second
Ave. RR. Co., 203.
9. The liability of a railroad company for, ceived by him while so travelling. - Vick v.
damages to cattle, etc., resulting from de- The N. Y. C. & H. R. RR. Co., 505.
18. Plaintiff's intestate, who lived in Roches-
ter, was employed by defendant as foreman
of its tinshop at Buffalo, defendant agree-
ing to pass him to and from his work. Held,
was part of the contract of employment and
that during such conveyance he was not a
passenger but an employee of the com-
See EMINENT DOMAIN, 1-9; EVIDENCE, 28;
LEASE, 7; MASTER AND SERVANT, 6; Neg-
LIGENCE, 2, 3, 8, 9, 15, 20, 26, 27, 29, 30.
See CONTRACT, 6, 8; INSURANCE COMPA-
1. Receipts given by plaintiff, a Government
director of The Union Pacific RR. Co., for
1877, were not releases nor receipts given
in settlement or compromise of a contro-
verted claim, and are susceptible of ex-
planation, and though in full may be shown
to have been given under a misapprehen-
sion of his rights, and will not preclude
him from recovering the balance due him.
- Brewer' v. The Union Pacific RR. Co., 426.
1. The statutes of this State restricting the
compensation of receivers of moneyed cor-
porations to that of executors and adminis-
trators, and providing also that the compen-
sation of such receivers shall not exceed
$10,000 per annum, do not apply to receiv.
ers of insolvent insurance companies.-In
re The Security Life Ins. Co., 154.
prior to the passage of said Act.-Id.
3. Executors, trustees and receivers selling
property subject to incumbrances are not
of incumbrances. But where the receiver
reimburses himself, such course being
necessary to effect a sale of the corporate
kept within the scope of the powers grant- sions upon the amount of such incum-
rendering the compensation of clerks and
actuaries employed by receivers -ubject to
his work constitutes a part of the contract Insurance Department, applies to and in-
5. A receiver will not be allowed in the set- and the Attorney General and on which all
tlement of his accounts for moneys actually parties interested in the funds of the receiv.
14. A receiver in supplementary proceedings
is not justified by the order of appointment
without notice of the application for re- the possession of a third person who claims
15. The third person, not a party to the pro-
ceeding, and without notice thereof, whose
property is thus seized and carried away is
entitled to the usual remedies given by com-
mon law and is not punishable for con-
tempt where he sues the receiver for the
trespass without leave of court.-Id.
1. The mortgage in suit was assigned after
being recorded by S., the mortgagee, to
plaintiff's assignor, but the assignments
were not recorded, and S. thereafter execu-
ted and delivered a satisfaction picce, which
was recorded. Subseqnently a mortgage on
the same premises was given to R. et al.,
who had knowledge of the prior mortgage,
and they assigned the same for value to
defendants, who took without notice and
recorded their assignment, Held, That de-
fendants were entitled to preference under
the recording act.—Clark v. Mackin et al.,
2. The assignment to defendants contained a
ants could not be compelled to resort to the
guaranty, and that while plaintiff, on pay.
only requires that the accounts of receivers assignment of the mortgage, he could not
the time of redemption to pass. Defendant,
a subsequent judgment creditor, redeemed
General Term, and not of the Special Term, That W. could not maintain an action to
recleem; and that defendant's title having
equity could not divest him of it.- Weed
et al. v, Root, 310.
2. A tenant in common in possession is not en-
titled to compensation for his improvments
to his making them.- Ford et al. v. K’napp
et al., 471.
1. Under $ 3331, Code of Civil Procedure, a
referee who commenced the performance
effect.-Green v. The Nassau Bank, 58.
until his fees are paid, and, having deliv-
Continental Life Ins. Co., 260.
plaintiff's liability depends on her husband's
Jan on et al., 371.
deny the motion if a stipulation that will
his ward is a personal claim against him dur.
-Skidmore v. Post, 472.
the guardian's dealings with the estate rests
upon the executor.-ld.
RECEIVERS, 13; SURROGATE, 10; Trusts, 1.
1. A release from liability for false imprison-
ment executed without consideration by
et al., 196.
See DEEDS, 4.
2; PLEADING, 14.
1. In an action by an attorney for services, in-
volving a long account, it is discretionary
bins v. Cowles, 152.
court to allow amendments of a pleading.
--Knapp v. Fowler, 230.
visees of a decedent to recover demands
object of the party is to recover the account
the consent of all parties.-Id.
a motion to vacate an order of reference is
by the referee.-Id.
have been deposited with defendants as
1. A letter written by the head of a depart-
ment to the head of a bureau proposing to
2. Section 3, Art. 10, of the Constitution,
which, in cases not there provided for or
Chap. 305, Laws of 1878, to certain officers
of the town of New Lots, embraced a single he was elected to fill a vacancy bis term
minished as to him pursuant to statute.-
The People ex rel. Smith v. Trustees of Flush-
agreement that it should remain the prop-
power of the court, which can, in the ex-
2. Where the receiver of a corporation, in
selling stocks belonging to it under a decree
of the court, acted in ignorance of a mater-
ial fact known to the purchaser, the court is
not bound to order a transfer of the shares
to the purchaser if in its judgment the sale
was inequitable, although the purchaser
was under no legal duty to disclose bis in.
formation and the receiver omitted to ex-
ercise the diligence which is expected of a
See CONTRACT. 6, 8, 16, 19, 24; DEFENSE, 1;
EVIDENCE, 7-9; FRAUD, 14, 16; LUNATICS,
the right to classify the pupils, putting
and to determine the persons who may or
may not attend such schools.—The People
ex rel. King v. Gallagher, 104.
2. The act authorizing the establishment of
separate schools for colored people was not
repealed by the civil rights act, and is not
within the inhibition of the 14th amend-
ment of the Federal Constitution.-Id.
2. When a party who has an apparent lien
upon premises being foreclosed is served
by publication of the summons upon an
aildavit simply stating that such party is
a resident of the State of Connecticut, the
court acquires no jurisdiction over such
party, and proof given in the case that such
lien was paid will not bind such party and
the court will not compel the purchaser to
take title therein.- Argall v. Bachrach, 267.