loss within insurance policy, see "Insur- See "Contracts." ADMINISTRATION. estate of decedent, see "Executors and Ad- property by receiver, see "Receivers," § 1. ADMISSIONS. evidence, see "Evidence," § 5. "Food." ADULTERATION. vs defining as unjust discrimination, ADVERSE CLAIM. real property, see "Quieting Title." ADVERSE POSSESSION. "Limitation of Actions." 1. Nature and requisites. AGRICULTURE. Law defining adulteration of vinegar as un- ALIENATION. Suspension of power of alienation of property, ALIENS. § 1. Disabilities. An alien's right to take real estate in New Where plaintiff's grandfather was living at Laws 1845, p. 95, c. 115, § 4, as amended nder Code Civ. Proc. § 369, adverse posses-transmission of real estate of a citizen who has Inder Code Civ. Proc. 88 371, 372, one who 2. Pleading, evidence, trial, and re- vidence held to support finding that one had purchased or taken a conveyance thereof to his ALIMONY. See "Divorce," § 2. ALLOWANCE. . occupied land adversely, continuously for To surviving wife, husband, or children of de- ALTERATION. and 120 New York State Reporter Review in special proceedings. Assessment of taxes, see "Taxation," § 3. Of geographical or political divisions, see Proceedings before referee, see "Reference," "Schools and School Districts," § 1. See "Game." ANIMALS. § 2. Under inheritance tax laws, see "Taxation,” § 7. Review of criminal prosecutions. 1. Decisions reviewable. Judgment entered without decision of court. no motion to vacate being made, held reversible. -Kent v. Common Council of City of Binghamton (Sup.) 411. 2. Right of review. A party who fails to take advantage of an order granting him a new trial has no ground for complaint, on an appeal from the judgment. "Ref--Carter v. Interurban St. Ry. Co. (Sup.) 206. § 3. Presentation and reservation in lower court of grounds of review. On appeal from a judgment, the question as to the reasonableness of conditions imposed in an order granting a new trial held not reviewable.-Carter v. Interurban St. Ry. Co. (Sup.) Expert testimony as to value of, see "Evidence," § 8. Keeping and use of in cities, see "Municipal Where one, with knowledge of the propensities of a vicious dog, keeps it, if the dog does mischief, negligence will be presumed.-Boler v. Sorgenfrei (Sup.) 180. Evidence in action for personal injuries inflicted by vicious dog held sufficient to make out a prima facie case for plaintiff.-Boler v. Sorgenfrei (Sup.) 180. In an action against a husband and wife for personal injuries inflicted by a dog, the complaint is properly dismissed against the wife, where the evidence does not connect her with the ownership of the dog.-Boler v. Sorgenfrei (Sup.) 180. 206. On appeal from order refusing new trial, court may determine sufficiency of evidence, though no motion was made on trial.-Glaser v. Michelson (Sup.) 286. Where the instructions do not fully state the correct theory of the case, there must be a new trial, though plaintiff did not except thereto.Gorman v. Milliken (Sup.) 699. Statement of a witness, open to the criticism of expressing an opinion not called for by the question, is not ground for reversal; no motion being made to strike it out.-Rosenblatt v. Joseph M. Cohen House Wrecking Co. (Sup.) 801. Objection that the evidence as to breach of the contract sued on was not admissible under the answer, not having been made at the trial, may not be made on appeal.-Hellinger v. Marshall (Sup.) 1051. § 4. Record and proceedings not in record. Presumption of sufficiency of evidence to sustain referee's findings indulged in absence of case on appeal, not falling within Code Civ. Proc. 1022.-Tompkins v. Morton Trust Co. (Sup.) 520. Question presented on appeal from referee's judgment, not falling within Code Civ. Proc. § 1022, held to be whether facts found justified conclusions of law.-Tompkins v. Morton Trust Appellate jurisdiction of particular courts, see Co. (Sup.) 520. "Courts," § 3. Costs, see "Costs," § 4. Review of proceedings of justices of the peace, see "Justices of the Peace," § 1. Stay of action pending appeal in different action, see "Action," § 2. Review in particular civil actions. See "Specific Performance," § 4. In municipal courts, see "Courts," § 2. Where a case on appeal has no certificate stating that it contains all the evidence taken on the trial, the appellate court will not examine the facts; but in an action tried by s jury it may review the exceptions to the rul ings of the trial justice.-Baker v. Griffin (Sup.) 579. Under Code Civ. Proc. § 1353, the judge trying the cause should order the printed pa pers on file, before an appeal founded on a Question of propriety of dismissal of com- Exceptions of prevailing party to exclusion Mere assertion of counsel's view of the law On an appeal from the dismissal of a com- On an appeal from a nonsuit, plaintiff is en- On appeal from final judgment to obtain re- A judgment on conflicting evidence will not Where the evidence is conflicting, the ver- Unless it can be said with reasonable certain- ty that the court erred, a reversal of its find- Amendment of auswer in action on fire in- plaintiff's witness on cross-examination, is to sion of a letter written by plaintiff to her father- Judgment introduced being binding on all In action on account stated, where the ex- Under Code Civ. Proc. § 1022, it will be as- The introduction of a power of attorney, al- In an action on a building contract, defend- Defendant, who prevented testimony as to A party cannot claim on appeal that evidence Instruction in an action for conversion, held Error in admission of evidence to an admit- Contradiction of plaintiff's own witness, in 1052. The erroneous admission of evidence on an cause. and 120 New York State Reporter § 8. Determination and disposition of In a prosecution for assault, a verdict of conviction held contrary to the weight of evidence. Portion of order appealed from held reversi--People v. Dankberg (Sup.) 423. ble, without reversing remainder.-O'Connor v. Hendrick (Sup.) 1. Under Code Civ. Proc. § 194, providing for remittitur by the Court of Appeals, the Supreme Court must conform its order to the remittitur, and error therein can be corrected only by the Court of Appeals.-Zapf v. Carter (Sup.) 175. A judgment dismissing the complaint on the merits affirmed, notwithstanding it did not clearly appear from the return on appeal that it was at the close of the whole case, as required by Municipal Court Act, Laws 1902, p. 1561, c. 580, § 249.-Cohen v. Boccuzzi (Sup.) 187. Under express provisions of Code Civ. Proc. $ 1022, prior to amendment by Laws 1903, c. 85, p. 237, the Appellate Division must review a short-form decision on both law and fact.Multz v. Price (Sup.) 480. Where a building contractor was entitled to be allowed a large part of, if not the entire, time for which a penalty for delay was charged by the trial court, the Appellate Division, on the contractor's appeal, was required to order a new trial.-Small v. Burke (Sup.) 1066. APPLIANCES. Liability of employer for defects, see "Master and Servant," § 3. APPLICATION. For security for costs, see "Costs," § 2. APPOINTMENT. ASSESSMENT. Of compensation for property taken for public use, see "Eminent Domain," § 3. Of expenses of public improvements, see "Municipal Corporations," § 3. of tax, see "Taxation," § 3. ASSIGNMENTS. Fraud as to creditors, see "Fraudulent Conveyances.' In bankruptcy, see "Bankruptcy," § 2. Where several stockholders in a corporation were induced to purchase their stock by defendant's misrepresentations, they were entitled to assign their causes of action for deceit to plaintiff, in order that a recovery for the entire wrong might be had in a single action.-Benedict v. Guardian Trust Co. (Sup.) 370. § 2. Actions. Assignment of stock held to carry with it right of action for its conversion.-Rothschild v. Allen (Sup.) 42. ASSIGNMENTS FOR BENEFIT OF CREDITORS. See "Bankruptcy," § 1. ASSOCIATIONS. Of receivers of foreign corporations, see "Cor- See "Beneficial Associations." porations," § 6. Of trustee, see "Trusts," § 3. APPRENTICES. Attempt to get possession of nonresident infant jockey, for purposes of gain, all the parties being residents of another state, will not be entertained by the Supreme Court.-Reiss v. Plicque (Sup.) 704. ARBITRATION AND AWARD. See "Reference." ASSAULT AND BATTERY. Jurisdiction of municipal courts as to action for assault on passenger, see "Courts," § 2. § 1. Criminal responsibility. In a prosecution for assault, an instruction on self-defense held erroneous.-People v. Dankberg (Sup.) 423. An action cannot be maintained against an officer of an unincorporated association of more than seven members, unless all of the associates were liable jointly or severally.-Hosman v. Kinneally (Sup.) 263. Members of an unincorporated political organization held not liable for services of a person employed by the manager of a paper published by the organization, without proof of his authority to pledge their individual creditHosman v. Kinneally (Sup.) 263. ASSUMPSIT, ACTION OF. See "Account Stated"; "Money Lent"; "Work and Labor." ASSUMPTION. Of debts of old corporation by reorganized corporation, see "Corporations," § 4. Of risk by employé, see "Master and Servant," § 2. ATTACHMENT. See "Execution." The statute of limitations does not begin to Against foreign corporations, see "Corpora- torney in the suit.-McCrea v. Scofield (Sup.) Exemptions, see "Exemptions." In actions for alimony, see "Divorce," § 2. § 1. Proceedings to procure. Affidavits held insufficient to support attach- § 2. Levy, lien, and custody and dis- ATTORNEY AND CLIENT. Attorneys in fact, see "Principal and Agent." Dismissal of suit conditional on payment of at- Expenditures by personal representatives for at- Expenditure by trustee for attorney's fees, see Liability for wrongful entry of default judg- ment, see "Torts." 1. Retainer and authority. Court held to have no authority to require in- § 2. Duties and liabilities of attorney An action against an attorney held for breach In an action against an attorney for breach In an action against an attorney for breach 10. Client held not entitled to recover fees pre- Order allowing financially responsible plaintiff Where attorney and client agree that the at- adjudication, warrant, |