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ATKINSON V. ABRAHAM. The year within which an order taken by mistake, etc., may be set aside is doubled where notice of its entry is given by mail. . .. . . .78 App. Div. 498 803- ROMER v. KENSICO CEMETERY. Production of books and papers-When it may be compelled -An order allowing a bill of particulars to be served after a default should not provide for it. . . . . 79 App. Div. 100 MATTER OF CHESTERMAN. Agreement between trustees and a surety on their bond as to the withdrawal of deposits from bank-The Court may order the withdrawal without the surety's consent-The Surrogate's Court may do so,

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820 LA FEMINA v. ARSENE.

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829

75 App. Div. 573 Interpleader.-Action

for, in which injunction to restrain an action in a Municipal Court for conversion is asked for.. ..69 App. Div. 285 SULLIVAN v. CROWE. Party-Where several claimants to a fund should not be all brought in as defendants in an action brought by one of them.... 72 App. Div. 5 MCGUIRE v. AUBURN SAVINGS BANK. Section 115 of the banking law more liberally construed than section 820 of the Code of Civil Procedure...

RICHARDSON v. EMMETT.

.78 App. Div. 22 Evidence-Personal

170 N. Y. 412

transactions and communications,

BOUTON V. WELCH. Witness.-When witness
not disqualified as person from whom title is
derived ..
....170 N. Y. 554
MATTER OF WOODWARD. The testimony of an
executor, a party in interest, as to the fact that
deeds of real property purchased for his dece-
dent had been taken in various names, is not

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incompetent under this section as involving a personal transaction-Testimony tending to support the claims of contestants other than the witness, a party to the proceeding and as to matters in which the witness has no interest, is competent..........69 App. Div. 286 HOAG v. WRIGHT. Handwriting-Testimony as to, does not involve a personal transactionWhat matter is collateral and the party is bound by the witness' answer....69 App. Div. 381 DOLAN v. LEARY. Personal transaction with a decedent-An interested witness cannot testify to the execution of a deed (since lost) by a decedent to third person who conveyed to the witness.. ...69 App. Div. 459 RALLEY v. O'CONNOR. Action by a servant for wages-She need not prove their non-payment -Testimony by her that she was employed by the defendant's testator-Absence of an exception thereto prevents a reversal,

71 App. Div. 328 829 MITCHELL V. HOLLANDS. Personal transaction with a decedent-A statement of an adverse party from which it is sought to create an inference that it took place, is incompetent, 72 App. Div. 224

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829

SHEDRICK V. YOUNG. Claim against the estate
of a decedent for services as watchman-
Proof required, in addition to a subscription
paper to pay for services to be rendered-
What proof of services rendered is competent,
72 App. Div. 278
HUTTON v. SMITH. Testimony of an interested
party as to a conversation between a decedent
and a third party, and as to the acts of the
deceased..
..74 App. Div. 284

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MATTER OF SMITH. The executor's verification
of a claim is incompetent.......75 App. Div. 338
SPINDLER v. GIBSON. Witness-Competency of
a tenant by the curtesy initiate to testify to
personal transactions with a decedent-Testi-
mony as to a conversation in his presence
between the decedent and another,

75 App. Div. 444
COLLINS v. MCGUIRE. Testimony of a party to
personal transactions with another party to
an action-Effect of the death of the latter
during the trial...
.76 App. Div. 443
JONES v. THOMAS. Conversation with a dece-
dent-It may be testified to by one of several
claimants in severalty in favor of the other
claimants, but not of himself....76 App. Div. 506
PARKER V. PARSONS. Testimony as to a deed
having been placed by the grantee in a box
belonging to the grantor, since deceased-
Incompetent under Code of Civil Procedure,
section 829....

MATTER OF SWARTHOUT.

....79 App. Div. 310 Services-In the fam

ily relation-Payments of administratrix,

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38 Misc. 56

Crimes-Reading on a sec

172 N. Y. 146

ond trial of testimony of deceased witness
taken on first trial. . .. ..
FORTUNATE V. THE MAYOR OF NEW YORK.
Stipulation that a party would, if sworn, tes-
tify to certain facts-It is available to such
party's executors on a new trial,

74 App. Div. 441
TAFT v. LITTLE. Evidence-Testimony given
on a former trial by a witness since deceased
-It is competent on a second trial, though
the referee on the first trial died before the
case was submitted to him-Testimony of a

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defendant on a former trial read by the plain-
tiff-What other parts thereof the defendant
may read.....

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.78 App. Div. 74

GRIFFITHS v. METROPOLITAN ST. RY. Evidence
---Privileged communication-Burden of proof,

GREEN v. METROPOLITAN ST. RY.
Privileged communication......

171 N. Y. 106 Evidence

..171 N. Y. 201

DUKLE v. MCALLISTER. Physician-What tes-
timony of a plaintiff suing for an assault does
not entitle the defendant to examine the plain-
tiff's physician. .
.70 App. Div. 273
ROBINSON V. SUPREME COMMANDERY. Life in-
surance-Statements as warranties-Partial
answer to a question of the insurer not a breach
-Effect of Code of Civil Procedure, $834, on
Code of Civil Procedure, $955, making a phy-
sician's certificate as to the cause of death, on
file for twenty years in New York City, admis-
sible in evidence-Waiver of Code of Civil Pro-
cedure $834..
....38 Misc. 97
PRINGLE V. BURROUGHS. Physician's testimony
as to information acquired while attending
patient-What constitutes waiver by next of
kin...
.70 App. Div. 12
SCHER V. METROPOLITAN ST. R.R. Co. Testi-
mony of a physician as to communications
from his patient-A waiver to be effective
must be on trial or examination,

71 App. Div. 28

MATTER OF HOPKINS. Who may waive objec-
tion to a physician's testimony,

73 App. Div. 559 BEIL v. SUPREME LODGE. Executors and administrators only can waive the prohibition against a physician's testifying as to the condition of his patient-A widow cannot,

80 App. Div. 609

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872 subd.

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MATTER OF BOARD OF EDUCATION.
Presumption of death...

Evidence

.173 N. Y. 321

MAUTHEY V. WYOMING FIRE INS. Co. Exami

nation of a corporation before trial-The pro-
duction of its books and papers may be re-
quired for use as an adjunct of the oral exami-
nation...
.76 App. Div. 579

Phys

WHITAKER V. STATEN ISLAND M. R.R. Co.
ical examination of a plaintiff in a negligence
case-When made on stipulation, a new exam-
ination will not be ordered. ......76 App. Div. 351
KRAMER V. KRAMER. Deposition-Where part
is competent and part incompetent, the latter
will be excluded, although the former is read,
80 App. Div. 20
O'CONNOR v. MCLAUGHLIN. Scope of a deposi-
tion under Code of Civil Procedure, section 885
-It extends to an examination after, of a
witness examined at the trial,

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80 App. Div. 305 Evidence-Books

171 N. Y. 488

PHIPPS v. OPRANDY. A complaint not served is
proof of the jurisdictional facts-Authentica-
tion of a judgment roll in the City Court of
Mount Vernon.
....69 App. Div. 497
ROBINSON v. SUPREME COMMANDERY. A physi-
cian's certificate filed in the New York City
Health Department is incompetent evidence
of his patient's death. ...... .77 App. Div. 215
ROBINSON v. SUPREME COMMANDERY. Life in-
surance-Statements as warranties-Partial
answer to a question of the insurer not a
breach-Effect of Code of Civil Procedure,
§ 834, on Code of Civil Procedure, § 955,
making a physician's certificate as to the

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