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Measure of, for breach of bond for faithful performance
For libel on City Magistrate, 229.
Insufficiency of complaint in action on fire policy, 1.
When will lie, 278.
To complaint overruled. Causes of action which had
DISTRIBUTION OF PERSONAL PROPERTY-
DONATIO CAUSA MORTIS-
Declarations by grantor after conveyance are inadmiss-
Exclusion of, under section 829, 50.
What evidence is reversible error, 50.
A party excepting to a charge to a jury, must by some
To maintain an action against the executor of one of
EXECUTOR AND ADMINISTRATOR-
For a tort committed by an executor, he is liable in-
Sale of testator's real estate. Delegation by executor
Conditions precedent. Proofs of loss, 1.
When a receipt for savings bank books passes title of the
Of real estate is not invalid because grantor subse-
GUARDIAN AD LITEM-
See Accounting, 115.
Appeal by leave of Appellate Division from an inter-
Action against agent and undisclosed principal.
tion of which defendant plaintiff intends to hold
When bar to subsequent action between same parties,
Testamentary capacity a question for, 25.
Exemplary damages for libel on City Magistrate, 229.
LLOYDS FIRE INSURANCE-
MANDAMUS, WRIT OF-
Trial of issues of fact.
Dismissal of writ on merits by
Assault upon a passenger by conductor of a street car,
Questions of negligence erroneously withheld from jury,
ORDER FOR EXAMINATION-
When vacated, 152.
Attempt to procure depositions of person not expected
PARTIES TO ACTION-
Defect of parties, 210.
Construction of sections 452 and 499, 218.
Distribution of, 211.
PHYSICIAN, TESTIMONY OF-
To bring the evidence of a physician within the pro-
The burden of showing such evidence rests upon the
When time must elapse as a condition precedent, it
The right to grant preference rests in the discretion of
When civil causes under section 791 of Code are not
See Physician, 106.
Action against the executor of one of the joint makers,
Collateral attack upon letters of administration issued
See Taxpayer's Action, 205.
Deed will not be set aside without evidence to support
party assailing the conveyance, 6.
Burden is on
Application to be relieved from purchase at judicial sale
Sale of, by delegated power, 317.
The Code does not authorize the appointment of a re-
Jurisdiction of, 168.
How errors may be corrected, 168.
When he may be entitled both to fees and commission
Undertaking in. Plaintiff permitted to recover dam-
SECURITY FOR COSTS-
Action by trustee in bankruptcy, 173.
The City of New York may institute such proceedings
A Surrogate has jurisdiction to decide whether to dis-
Action to have appointment of Police Captains declared
UNDERTAKING IN REPLEVIN-
Excessive verdict in action for libel, 229.
Question of testamentary capacity as executing codicil,
WRIT OF PROHIBITION-
The writ lies only where there is a want of jurisdiction
Is not designed to regulate admission or rejection of