TEXT BOOKS CITED. Page. 20 Am. and Eng. Ency. of Law, 2 Ed., 28, 237....... 68 11 Am. and Eng. Ency. of Law, 2 Ed., 942, 974. Black on Judgments, sec. 635.... Chase's Blackstone, 3 Ed., 630.... 2 Ency. Pleading and Practice, 528.. Freeman on Judgments, 4 Ed., vol. I, sec, 117....245, 312 Freeman on Judgments, sec. 319B... 292 262 328 48 262 Herman on Estoppel and Res Adjudicature, secs. 45-48, Meecham on Agency, sec. 689..... 1 Morawetz on Corporations, sec. 563.. 3 Pomeroy's Equity Jurisprudence, sec. 1405. Redfield's Surrogate's Practice, 5 Ed., 865... Silvernail's Index to Laws of New York, 537.. 2 Smith's Leading Cases, 812... 395 208 301, 362 306 286 249 .. 368 262 Throop's Annotated Code of 1891, 901.. 368 Wait's Practice, vol. 5, 590.... 142 Woerner on American Law of Administration, 2 Ed., 442... 315 SECTIONS CONSTRUED. Sections of the Code of Civil Procedure, construed or cited in the following Reports issued during the period covered by this volume: New York Reports, Vols. 170 to 173, inclusive; Appellate Division Reports, Vols. 69 to 80, inclusive; Miscellaneous Reports, Vols. 37 and 38. 14, tit. I Art. 7 Page. Chap. MULLER v. EDISON ELECTRIC ILLUMINATING CO. Equity calendar-When an action to restrain a nuisance and for damages should be placed thereon-Specific issues may be sent to a jury, 78 App. Div. 390 Chap. GOLDIE v. GOLDIE. Contempt of Court-Proceedings to punish a husband for non-payment of alimony-Notice of the application must be given to him-Service upon his attorney is sufficient-Demand for alimony, 17, tit. 3 77 App. Div. 12 PEOPLE EX REL. PRICE v. WARDEN, ETC. Magistrates' Court in New York City may exercise their functions on Sunday . . . . . . .73 App. Div. 174 MATTER OF GANZ. Contempt criminal-Violation of an injunction.. .38 Misc. 666 MATTER OF CROKER v. STURGIS. Contempt- xxxiv 14 subd. 2,4,8 14 subd. 8 63, 64 65 66 66 66 74 74 316 NUCCIO v. PORTO. Contempt-Attorney procur- Page. 72 App. Div. 88 NEWELL v. HALL. Contempt-An order directing the restitution of money, received by a judgment creditor in supplementary proceedings, may be enforced by proceedings for contempt.. .74 App. Div. 278 KAPLAN V. BERMAN. Judgment-Void when obtained in Court by person not regularly admitted to practice.. AGRICULTURAL INS. Co. v. DARROW. .37 Misc. 502 Death of an attorney after the submission of the case .173 N. Y. 492 70 App. Div. 413 FISCHER-HANSEN v. B. H. R.R. Co. Attorney and client. SARANAC & LAKE PLACID R.R. Co. v. ARNOLD. Discontinuance-Attorney's lien......37 Misc. 514 SKINNER v. BUSSE. Attorney-Lien-Variance, 38 Misc. 265 IRWIN v. CURIE. Attorneys-Contract with lay- 171 N. Y. 409 338 MATTER OF SHANNON v. STEGER. An objection that an execution was irregularly issued is available to a junior judgment creditor, 5 382 subd. Page. 75 App. Div. 279 382 LIBBY V. VAN DERZEE. Statute of Limitations subd. -Within what time after a ward comes of age an action must be brought to compel her general guardian to account-The action is not based on fraud. .... ....80 App. Div. 494 TALMAGE v. RUSSELL. Statute of limitationsApplication of, to the case of a trust ex maleficio arising out of an agent's taking a bond and mortgage in his own name instead of his principal-Fraud, notice of. . . . . .74 App. Div. 7 BELL V. GIBSON. Statute of Limitations-Penalty subd.3 for having in one's possession another person's milk can-Proof that the defendant acquired the possession more than three years before the date of the offense charged, 5 388 383 385 388 394 171 App. Div. 472 BEYER V. SIEGEL. Sale of perishable property levied under an attachment-The one year Statute of Limitations applicable to a claim against the Sheriff for a loss resulting from his taking back a note and chattel mortgage to secure the purchase money....75 App. Div. 83 RHINELANDER v. FARMERS LOAN & TRUST CO. Action against trustee for breach of implied legal duties or obligations must be commenced. within ten years from time of the breach. of trust..... ..172 N. Y. 519 BECKHAM V. HAGUE NATIONAL BANK. Action by receiver to collect a second assessment on stock-Defense that the first assessment would have been sufficient had not the receiver been dilatory and negligent-Statute of Limitations, 38 Misc. 606 401 428 427 432 438 440 445 452 460 474 Page. CONN. TRUST & SAFE DEP. Co. v. WOOD. Opera- 77 App. Div. 209 75 App. Div. 47 ZARKOWSKI V. SCHROEDER. Burden of proof as to the good faith of a purchaser necessary to bring him within the exception of this section, 71 App. Div. 526 STEINBACH V. PRUDENTIAL INS. Co. Insurance -Action to reform life insurance policy and for judgment thereon-Parties defendant, 172 N. Y. 471 RUTKOWSKY V. COHEN. Suit in forma pauperis 74 App. Div. 415 WILEMAN V. METROPOLITAN ST. R. R. Co. Guardian ad litem-He cannot enforce a |