Digest. damages for alleged criminal conversation between the defendant and the plaintiff's wife, where no divorce has been obtained, the wife is incompetent to testify as a witness to any fact in the case. Hence, she is not a competent witness for the plaintiff, to prove the criminal intercourse of the defendant with her, alleged in the complaint. The Code of Procedure does not apply to such a case, for the reason that the wife is not a party to the action, There is no case that holds that the husband may call his wife as a witness to prove any secret fact, not known to any other in an acperson, tion brought by him for his own benefit, to which she is not a party. (Per BALCOM, J.) (Carpenter agt. White, 46 Barb. 291). State courts have no jurisdiction in ad- The Code does not authorize an attach- AGREEMENT. 460 ment in an action of tort.... 280 ATTORNEY. 456 BOARD OF HEALTH, N. Y. The act of 1866, creating, is not uncon- C. CAUSE OF ACTION. What allegations in the complaint suffi- Index. For the fraudulent misapplication or | The sufficiency of the proof of the loss conversion of property by an officer of an instrument is addressed to the discretion of the court, and the court on appeal will not interfere with such discretion 287 could have been produced........ 287 No relief can be administered in equity, A corporator has a right to a general in-Hudson River Railroad Company, no spection, to take copies of its public documents and records... VOL XXXU. 149 right to extend their tracks through certain streets in the city of N. Y. 394 39 A railroad franchise may be conferred upon a corporation..... There is no constitutional provision that summons... SUMMONS. 400 prohibits railroad franchises being con- To appear before a court martial, when ferred upon or exercised by individuals; and such rights are assignable, 481 The legislature have the power of con must be served.... ................ SPECIFIC PERFORMANCE. 437 structing a railroad upon any of the Of an agreement to convey land, the rule streets of the city of New York, without the assent of, or any compensation to the city corporation, or of property 481 owners. as to proof of the exact agreement stated SUPERVISOR. 1 Imposed upon stocks and bonds of a foreign life insurance company, deposited with the comptroller of this state, cannot be restrained from collection by an equitable action against the proper authorities 359 TRUST DEED. When remainder-men not entitled to institute proceedings to remove a trustee, under the trust deed-an application of that kind must be made by the creator of the trust. 20 Succeeding in his defense, is entitled to When the court should not interfere in |