DAMAGE-

Measure of, for breach of bond for faithful performance
of contract, 41.

DAMAGES-

For libel on City Magistrate, 229.

DEMURRER-

Insufficiency of complaint in action on fire policy, 1.
A demurrer for misjoinder of parties plaintiff is author-
ized, but not of parties defendant, 278.

When will lie, 278.

To complaint overruled. Causes of action which had
not been improperly united, 382.

DISTRIBUTION OF PERSONAL PROPERTY-
Representation under the statute of. Construction of
section 2732, 211.

DONATIO CAUSA MORTIS-
See Gift.

EVIDENCE-

Declarations by grantor after conveyance are inadmiss-
ible to show fraud, in judgment creditors action, 6.
Judgment roll in former action. When incompetent as
evidence in bar to subsequent action between same
parties, 14.

Exclusion of, under section 829, 50.

What evidence is reversible error, 50.

EXCEPTIONS-

A party excepting to a charge to a jury, must by some
exception point to the specific proposition which the
Court has charged or refused to charge, 269.

EXECUTOR-

To maintain an action against the executor of one of
the makers of a joint note, the plaintiff must prove
the insolvency of the surviving makers, 303.
Right to appeal from decree refusing probate to codicil
and admitting will to probate, 25.

EXECUTOR AND ADMINISTRATOR-

For a tort committed by an executor, he is liable in-
dividually, 290.

Sale of testator's real estate. Delegation by executor
of authority to carry sale into execution. Sufficiency
of contract by correspondence, 317.

FIRE INSURANCE-

Conditions precedent. Proofs of loss, 1.

GIFT-

When a receipt for savings bank books passes title of the
books and moneys in the banks, 101.

Of real estate is not invalid because grantor subse-
quently becomes insolvent, 6.

GUARDIAN AD LITEM-

See Accounting, 115.

INTERLOCUTORY JUDGMENT-

Appeal by leave of Appellate Division from an inter-
locutory judgment, 335.

JUDGMENT-

Action against agent and undisclosed principal.

Elec-

tion of which defendant plaintiff intends to hold
liable, 278.

JUDGMENT ROLL-

When bar to subsequent action between same parties,
14.

JURY-

Testamentary capacity a question for, 25.

LIBEL-

Exemplary damages for libel on City Magistrate, 229.

LLOYDS FIRE INSURANCE-
Limitation of liability of, 162.

MANDAMUS, WRIT OF-

Trial of issues of fact.

Dismissal of writ on merits by
Judge at Trial Term erroneous. Verdict should be
returned to, and final order made as Special Term,

141.

NEGLIGENCE-

Assault upon a passenger by conductor of a street car,
199.

Questions of negligence erroneously withheld from jury,

269.

ORDER FOR EXAMINATION-

When vacated, 152.

Attempt to procure depositions of person not expected
to be made a party, 152.

PARTIES TO ACTION-

Defect of parties, 210.

Construction of sections 452 and 499, 218.

PERSONAL PROPERTY—

Distribution of, 211.

PHYSICIAN, TESTIMONY OF-

To bring the evidence of a physician within the pro-
hibition of section 834, three elements must coincide,
106.

The burden of showing such evidence rests upon the
party seeking to exclude it, 106.

PLEADING—

When time must elapse as a condition precedent, it
must be pleaded, 1.

PREFERENCE-

The right to grant preference rests in the discretion of
the court, 59.

When civil causes under section 791 of Code are not
entitled to be advanced, 59.

PRIVILEGED COMMUNICATIONS-

See Physician, 106.

PROMISSORY NOTE-

Action against the executor of one of the joint makers,
303.

PUBLIC ADMINISTRATOR-

Collateral attack upon letters of administration issued
to Public Administrator, 308.

QUO WARRANTO-

See Taxpayer's Action, 205.

REAL ESTATE-

Deed will not be set aside without evidence to support
finding of fraud or fraudulent intent.

party assailing the conveyance, 6.

Burden is on

Application to be relieved from purchase at judicial sale
denied, 177.

Sale of, by delegated power, 317.

RECEIVERS-

The Code does not authorize the appointment of a re-
ceiver of a corporation where the officers and directors
resign for the purpose of procuring a receivership, 298.
When Court has jurisdiction to appoint a receiver, 348.

REFEREE—

Jurisdiction of, 168.

How errors may be corrected, 168.

When he may be entitled both to fees and commission
as his compensation, 363.

REPLEVIN-

Undertaking in. Plaintiff permitted to recover dam-
ages though replevin suit had been abandoned, 189.

SECURITY FOR COSTS-

Action by trustee in bankruptcy, 173.

SUPPLEMENTARY PROCEEDINGS-

The City of New York may institute such proceedings
for collection of taxes, 192.

SURROGATE'S COURTS-

A Surrogate has jurisdiction to decide whether to dis-
miss probate proceedings for want of proof, 129.

TAXPAYER'S ACTION-

Action to have appointment of Police Captains declared
void. Taxpayer's action under section 1925, Code of
Civil Procedure not maintainable to try title to office,
205.

UNDERTAKING IN REPLEVIN-

See Replevin.

VERDICT-

Excessive verdict in action for libel, 229.

WILL

Question of testamentary capacity as executing codicil,
should be submitted to jury. What is not presump-
tion of duress or undue influence, 25.

WRIT OF PROHIBITION-

The writ lies only where there is a want of jurisdiction
or where the Court is proceeding in excess of the juris-
diction conferred, 128.

Is not designed to regulate admission or rejection of
evidence, 129.