DEPOSITS.

a bank, see "Banks and Banking," §§ 2, 3.
DESCENT AND DISTRIBUTION.

ee "Dower"; "Executors and Administrators";
"Wills."

nheritance and transfer taxes, see "Taxation,"
§ 7.

tights of aliens, see "Aliens," § 1.

1. Rights and liabilities of heirs and
distributees.

Plaintiff, suing as next of kin of his deceased
ather, for conversion of chattels of which he
ied possessed, held not to establish a cause of
ction.-McKernan v. Thomas Conville Brewing
Co. (Sup.) 191.

DISORDERLY CONDUCT.

Acts of a private detective in shadowing com-
plainant held a violation of Pen. Code, § 675,
as amended by Laws 1891, p. 657, c. 327.-
People v. St. Clair (Sup.) 77.

Pen. Code, § 675, as amended by Laws
1891, p. 657, c. 327, prohibiting the annoyance
of another in a public place, held valid, though
there was no right of privacy at common law.
-People v. St. Clair (Sup.) 77.

Pen. Code, § 675, as amended by Laws 1891,
p. 657, c. 327, prohibiting the annoyance or
interference with any person "in any place,"
etc., held to prohibit such interference "in any
public place."-People v. St. Clair (Sup.) 77.

Laws 1898, p. 1120, c. 422, § 2, as amended
by Laws 1901, p. 1002, c. 362, licensing private
detectives, held not to relieve them from liabil-
ity for violating Pen. Code, § 675, as amended
by Laws 1891, p. 657, c. 327, prohibiting any
person from annoying another in any public
place.-People v. St. Clair (Sup.) 77.

DISSOLUTION.

Of corporation, see "Corporations," § 5.
Of partnership, see "Partnership," § 5.
Of school districts, see "Schools and School
Districts," § 1.

DISTRIBUTION.

Of dividends among stockholders of dissolved
corporation, see "Corporations," § 5.

Of estate of decedent, see "Descent and Dis-
tribution."

DIVORCE.

Separate maintenance, see "Husband and
Wife," § 3.

§ 1. Jurisdiction, proceedings, and re-
lief.

Right to substituted service, under Code Civ.
Proc. $ 435, 436, in divorce, denied, where it
did not appear that service by publication could
not be had.-Maiello v. Maiello (Sup.) 543.

A sheriff's return as to his diligence in at-
tempting to serve summons in divorce held in-
sufficient to justify an order for service by post-
ing, under Code Civ. Proc. §§ 435, 436.-Maiello
v. Maiello (Sup.) 543.

Where, in an action for divorce, it appears
that plaintiff and defendant lived together alone
in a house, and that defendant ran away, serv-
ice of summons by posting the notice on the
door of such residence is unavailing.-Maiello v.
Maiello (Sup.) 543.

Under Code Civ. Proc. § 1229, the court held
justified in refusing to confirm a referee's re-
port in favor of plaintiff in an action for ab-
Solute divorce, where the circumstances tended
to show collusion.-Galloway v. Galloway
(Sup.) 1078.

Where there was no testimony showing collu-
sion in an action for divorce, but the facts were
sufficient to raise a suspicion thereof, the court,
on denying a motion to confirm a referee's re-
port in favor of plaintiff, should have given
plaintiff leave to submit further proof.-Gallo-
way v. Galloway (Sup.) 1078.

An application by plaintiff to submit further
proof on the issue of collusion in an action for
absolute divorce, after the court's denial of a
motion to confirm a referee's report in plaintiff's
favor, should be made at Special Term.-Gal-
loway v. Galloway (Sup.) 1078.

§ 2. Alimony, allowances, and disposi-
tion of property.

Surety on bond for payment of alimony held
discharged by wife's reconciliation with hus-
band and other conduct.-Stendal v. Ackerman
(Sup.) 468.

A judgment committing relator for contempt
for refusing to turn over certain property to a
receiver held not void, so as to entitle relator to
release on habeas corpus by reason of the
court's erroneous decision that the receiver was
entitled to demand the property before giving
bond. In re Spies (Sup.) 1043.

Code Civ. Proc. $ 715, requiring receivers to
give bond before entering on the discharge of
their duties, held to apply to a receiver ap-
pointed in a matrimonial action under section
1772. In re Spies (Sup.) 1043.

§ 3. Custody and support of children.
Under the statute permitting the courts to de-
cree the custody of a child, held, that the moth-

Amendment of pleading in action for injury
from drainage, see "Pleading," § 5.
DUE PROCESS OF LAW.

See "Constitutional Law,” § 6.

EASEMENTS.

See "Dedication"; "Highways."

1. Extent of right, use, and obstruc-
tion.

Owner of land held entitled to injunction re-

straining adjoining owner from fencing portion
of a road, closed by the city, over which the
first owner had an easement.-Isaac G. John-
son & Co. v. Cox (Sup.) 601.

EJECTMENT.

Separate statement of causes of action, see
"Pleading," § 2.

1. Right of action and defenses.

Where an action of ejectment is defended
by setting up a deed from plaintiff's ancestor,
plaintiff may impeach the deed as obtained by
fraud or undue influence, or because of the an-
cestor's mental incapacity, without resorting to
equity.—Babcock v. Clark (Sup.) 976.

§ 2. Pleading and evidence.

Plaintiff in ejectment cannot recover on an
allegation that the premises are erroneously de

cribed in a deed to her; no attempt being had
> reform the deed.-Bailey v. Twin Lake Ass'n
Sup.) 788.

Pleadings in ejectment held, in view of Code
iv. Proc. § 514, to admit of plaintiffs' im-
eaching deed from their ancestor, set up by
efendant.-Babcock v. Clark (Sup.) 976.

ELECTION.

etween counts in pleading, see "Pleading,"

§ 7.

etween testamentary provisions and other
rights, see "Wills," § 5.

ELECTION OF REMEDIES.

Where an action is brought on the contract
n the theory that it created a partnership,
laintiff cannot, during the pendency thereof,
le on the same contract as one of employ-
ent.-Sacker v. Marcus (Sup.) 83.

A subsequent action in Georgia cannot oper-
te as an election of remedies, so as to oust a
rior suit in New York.-Lytle v. Crawford
Sup.) 90.

ELECTIONS.

[andamus to election officers, see "Manda-
mus," § 1.

f school officers, see "Schools and School Dis-
tricts," § 1.

ELECTRICITY.

Fact of falling of an electric wire which caus-
1 injury to plaintiff held sufficient evidence of
ant of care of company whose wire it was.-
Volpers v. New York & Queens Electric Light
Power Co. (Sup.) 845.

Fact that elevator in building served by elec-
ic power company would not run on morning
f accident to plaintiff by contact with fallen
ire held competent on the issue of defend-
at's negligence.-Wolpers v. New York &
ueens Electric Light & Power Co. (Sup.) 845.
Prima facie case of negligence being estab-
shed, the sufficiency of defendant's explana-
on was for the jury.-Wolpers v. New York &
ueens Electric Light & Power Co. (Sup.) 845.
Where defendant offered no explanation of
accident caused to plaintiff by the former's
ires being down in the street, except the
revalence of a storm on the previous night,
iry could properly find negligence.-Wolpers v.
ew York & Queens Electric Light & Power
o. (Sup.) 845.

EMINENT DOMAIN.

Public improvements by municipalities, see
"Municipal Corporations," § 3.

Statutes providing penalties for possession of
game lawfully held prior to its taking effect
as taking of property without compensation,
see "Game.'

§ 1. Nature, extent, and delegation of
power.

Under Membership Corporation Law, Laws
1895, c. 559, pp. 343-345, §§ 45, 46, 49, ceme-
tery corporation held entitled to exercise right
of eminent domain.-In re Lyons Cemetery
Ass'n (Sup.) 960.

Under Membership Corporation Law, Laws
1895, c. 559, pp. 343, 344, §§ 45, 46, fact that
land to be acquired by cemetery corporation is
separated by highway from that already owned
held not to prevent its condemnation.-In re
Lyons Cemetery Ass'n (Sup.) 960.

§ 2. Compensation.

A village cannot give permission to construct
or continue water mains through the public
streets by a private corporation, without com-
pensation to the owner of the land through
whose soil the pipes are being maintained.-
Jayne v. Cortland Waterworks Co. (Sup.) 571.

Right to erect telephone lines in rural public
highway can be obtained only by consent of ad-
joining owners or by condemnation proceedings.
-Gray v. York State Telephone Co. (Sup.) 771.
§ 3. Proceedings to take property and
assess compensation.

A demand under Greater New York Charter,
Laws 1901, p. 426, c. 466, § 1001, for the sum
awarded an unknown owner for land taken for
a street, held not to call for an investigation by
the city of demandant's title in order to avoid
liability for interest thereunder -In re City of
New York (Sup.) 1035.

§ 4. Remedies of owners of property.

The owners of the fee of a highway may pre-
vent the erection of telephone lines thereon by
injunction.-Gray v. York State Telephone Co.
(Sup.) 771.

EMPLOYES.

ENTRY.

Of judgment, see "Appeal," § 1; "Judgment,"
§ 3.

ENTRY, WRIT OF.

See "Ejectment."

EQUITABLE CONVERSION.

Of partnership property, see "Partnership," § 2.

EQUITABLE ESTOPPEL.

See "Estoppel," § 1.

EQUITABLE SET-OFF.

See "Set-Off and Counterclaim."

EQUITY.

By judgment, see "Judgment," §§ 4, 5.

Of devisee or legatee by acceptance of devise,
see "Wills," § 5.

To allege error, see "Appeal." § 5.

To assert condition in contract of sale, see
"Sales," § 6.

To claim exemptions, see "Exemptions," § 1.
To deny agency, see "Principal and Agent,"
§ 1.

To deny authority of corporate officers, see
"Corporations," § 3.

To dispute employment by corporation, see "Cor-
porations," $ 3.

To question validity of assessment roll of mu-
nicipality, see "Municipal Corporations," § 7.

To rely on provision of insurance policy as to
time to bring action thereon, see "Insur-
ance," § 10.

1. Equitable estoppel.

Where wife is held out as owner of property,
and another is induced to perform labor there-
on, husband and wife cannot deny wife's owner-
ship by secret arrangement.-Multz v. Price
(Sup.) 480.

EVICTION.

Of tenant of demised premises, see "Landlord
and Tenant," § 4.

See "Witnesses."

EVIDENCE.

Harmless error in admission of evidence, see
"Homicide," § 5.

Harmless error in rulings on, see "Appeal." § 7.
Presentation of questions for purpose of re-
Questions of fact for jury, see "Trial,” § 3.
view, see "Appeal," § 4.
Reception at trial, see "Trial," § 2.
Review on appeal, see "Appeal," § 6.
Verdict of findings contrary to evidence, see
"New Trial," § 1.

As to particular facts or issues.

See "Adverse Possession," § 2; "Damages,”
§ 4; "Fraudulent Conveyances," § 2; "Judg-
ment," $7; "Payment," § 1.

Antenuptial settlements, see "Husband and
Wife." § 2.

Authority of corporate officers, see "Corpora-
tions," § 3.

Authority of insurance agents, see "Insurance,”
§ 2.

Contributory negligence of passenger, see "Car-
riers," § 5.

Employment, see "Master and Servant," § 4.
Existence of seal, see "Seals."

Keeping record of assessment of municipal tax-
es open to inspection, see "Municipal Cor-
porations," § 7.

Tenancy from month to month, see "Landlord
and Tenant." § 3.
Validity of sale, see "Sales," § 1.

In actions by or against particular classes of
parties.

See "Carriers," §§ 2, 4; "Landlord and Ten-
ant," §§ 4, 5; "Master and Servant." § 3;
"Principal and Surety," § 1; "Street Rail-
roads," § 1.

Ferryboat companies, see "Ferries." § 1.
Heirs, see "Descent and Distribution," § 1.
Reorganized corporation, see "Corporations,”
§ 4.

In particular civil actions or proceedings.
See "Forcible Entry and Detainer," § 1;
"Fraud," § 1; "Negligence," § 4; "Parti-
tion." § 1: "Replevin," § 2; "Trover and Con-
version," 1.

For breach of contract, see "Contracts." § 4.
For breach of covenant, see "Covenants," § 1.
For breach of warranty, see "Sales," § 5.
Foreclosure suit, see "Mortgages," § 2.