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and 120 New York State Reporter
A defendant, ordered to produce books, har.
A fine for contempt, based on loss, held not
Veterinary surgeon, examining a horse after mentary to execution, forbidding disposition of
L’nder Code Civ. Proc. $ 2038, the court had
no jurisdiction to release a debtor, imprisoned
for failure to appear and answer in supple
prisonment.--People v. Jelody (Sup.) 837; Lery
v. Asmus, Id.
Testamentary trustees, see “Trusts."
Testimony as to transactions with decedents, se
The indorsement by one of two administra-
tors of a check drawn to their order huld not
to render indorser jointly liable for the otber's
v. Ward (Sup.) 9.M.
An administratrix held to be jointly liable
joint checks with him, thereby permitting him
to convert money of the estate.-Palmer y.
Ward (Sup.) 990.
Sureties may consent to become liable for two
administrators, under an arrangement that one
should do no more than sign all papers pre-
sented by the other, and in such case the for-
mer cannot be held in default as to the sore
ties for acting accordingly.-Palmer v. Ward
Expense of legal services to esecutor and
trustee apportioned between the estates bene
fited.-Iu re Rowe (Sur.) 253.
§ 2. Allowances to surviving wife, hus-
band, or children.
Surviving husband refused money allowance
where articles of his wife's estate exempt from
inventory were not in existence when she died.
-In re Keough's Estate (Sur.) 807.
A judgment and return of execution unsatis-
v. McKane (Sup.) 1083.
A judgment held not validated by acts subse-
See “Insurance," $8 4, 10.
Suit held to have been properly brought by
For contempt in supplementary proceedings, see
"Execution," $ 1.
See "Insurance,” $$ 7, 8, 10.
Fire department in city, see "Municipal Corpo-
rations," $ 1.
Laws prohibiting possession of fish taken out-
side of state during closed season as interfer-
ing with interstate commerce, "Com-
merce," $ 1.
Validity of fish laws as denial of due process
of law, see “Constitutional Law," $ 6.
Laws 1900, pp. 30, 31, c. 20, $$ 40, 60, held
Constitutionality of law prohibiting mutilating,
defacing or casting contempt on flag, see
"Constitutional Law," $8 2–4.
The object of Agricultural Law, Laws 1893,
p. 667, c. 338, 88 50-52, to prevent injury to
health by penalizing the manufacture of vine-
gar which is not made from pure apple juice,
reduce the acid to vinegar.-People v. Heinz
Under Agricultural Law, Laws. 1893, p. 667;
c. 338, § 50, defining the term “cider vinegar,
A complaint in an action for a penalty for
State v. Windholz (Sup.) 1015.
and 120 New York State Reporter
the representations had been true, and the ac-
tual value at the time of the sale.-Benedict 1.
plaintiff in an action for damages for fraud and
FRAUDS, STATUTE OF.
§ 1. Promises to answer for debt, de-
fault, or miscarriage of another.
assume notes of the seller held uot a promise
to answer for the debt of another, within the
statute of frauds.--Lyon v. Clochessy (Sap.)
§ 2. Operation and effect of statate.
Parol agreement in consideration of marriage
of statute of frauds, and valid against hrs
band.-Kramer v. Kramer (Sup.) 1:29.
§ 3. Pleading, evidence, trial, and re-
In order to be available as a defense, tbe
statute of frauds must be pleaded.-Kramer T.
Kramer (Sup.) 129.
In an action on a lease for 10 years, plainti:
should allege whether the lease was oral or in
writing.-Rockey v. Haslett (Sup.) 320.
8 1. Transfers and transactions invalid.
A voluntary conveyance made by a wife to
her husband, leaving her insolvent, was fraud-
the wife's ownership of the property, had per
formed labor thereon.- Multz v. Price (Sup!
Where husband actually owned property, title
to which was in his wife, he could not, on ac-
§ 2. Remedies of creditors and parchase
In a suit to set aside conveyance between
husband and wife as fraudulent, evidence had
insufficient to support a finding that defendant
wife was solvent after making the conrerance.
- Multz v. Price (Sup.) 480.
In a suit to set aside a conveyance between
insufficient to sustain a finding that husband pai
wife consideration for the transfer.-lutz v.
Price (Sup.) 480.
Laws 1502, p. 1236, c. 517, in so far as it
unconstitutional as confiscation without com-
Laws 1900, p. 28, c. 20, $ 33, as amended by See “Descent and Distribution."
See "Bridges"; "Municipal Corporations," $$
Accidents at railroad crossings, see “Railroads,"
As boundaries, see “Boundaries," $ 1.
Dedication, see "Dedication."
§ 1. Establishment, alteration, and dis-
City of New York, in laying out Bloomingdale
road in 1795, held not to have acquired a fee.
--Mitchell v. Einstein (Sup.) 759.
Bloomingdale road, in city of New York, was
-Mitchell v. Einstein (Sup.) 759.
§ 2. Construction, improvement, and
Under Laws 1899, p. 108, c. 84, § 10, a town
cannot be bound for necessary repairs of a high-
way, made by the commissioner of highways
without the consent of the town board.-Peo-
ple v. Studwell (Sup.) 967.
sue of guaranty, see "Witnesses," $ 3.
Reasonable doubt, see "Criminal Law," $$ 3, 4.
Where, in a prosecution for homicide, it ap-
a common purpose, in concert one with the oth-
er, to take the life of the deceased, each is
guilty, no matter which did the killing, under
Pen. Code, § 29.-People v. Lagroppo (Sup.)
assault held insufficient to justify a conviction
of manslaughter.-People v. Taylor (Sup.) 996.
§ 3. Evidence.
Knife held properly admitted in evidence in
for homicide held not necessary to conviction.-
People v. Lagroppo (Sup.) 116.
Evidence in prosecution for homicide consid-
ered, and held sufficient to support a conviction
of murder in the second degree.-People v. La-
In a prosecution for manslaughter, certain
evidence held irrelevant.-People v. Taylor
§ 4. Trial.
to take from jury the importance of facts given
and 120 New York State Reporter
property right, within the meaning of Doaies
Relations Law, Laws 1896, p. 220, c. 272. $ 21,
granting a married woman the power of (99)-
were unmarried.-Carling v. Carling (Sup.) 45.
See “Account Stated"; "Contribution"; "Moa-
ey Lent"; "Work and Labor."
Liens, see “Mechanics' Liens."
ant," $ 4.
rations," $ 3.
See “Negligence," 88 3, 4.
Covenants against, see “Covenants," $ 1.
Of testator, see "Wills," $ 5.
See "Guaranty"; "Principal and Surety."
Evidence held to justify a finding of agree-
Removal of from public office, see “Records"
§ 1. Necessity of indictment or pre-
In view of Liquor Tax Law, Laws 1836, p.
to be by indictment.--People v. Hoenig (Sup!
Sexton (Sup.) 517.