Sections of the

Code of Civil Procedure.

1022 Shrady v. Van Kirk....

Unauthorized, irregular and improper provi-

sions in a proponent-Correction of such spec-

ified irregularities-Jurisdiction of Special

Term-And referee-Practice.

1209 Genet v. Delaware & Hudson Canal Co......

Judgment roll. Competency as evidence in

bar to subsequent action.

1228 Shrady v. Van Kirk..

Unauthorized, irregular and improper provi-

sions in a proponent-Correction of such spe-

cified irregularities-Jurisdiction of Special

Term-And referee-Practice.

1294 Matter of Stapleton...

Right of executor to appeal. Question of
testamentary capacity in executing codicil to
be submitted to jury.

1338 Gates v. Dudgeon, Executor...

Sale of testator's real estate-Delegation by
executor of authority to carry sale into execu-
tion-Sufficiency of contract by correspond-

ence.

1733 Verra v. Constantino et al..

Action on an undertaking in replevin-Plain-

tiff permitted to recover damages though re-

plevin suit had been abandoned.

1810 Yorkville Bank v. Zeltner Brewing Co.

subd. 3 Resignation of officer of corporation-Service

of process upon officer after resignation-Ap-
pointment and authority of receiver.

Page.

168

14

168

25

317

189

348

1810 Zeltner v. Zeltner Brewing Co. et al......298, 357

subd. 3 Construction of subd. 3, sec. 1810, Code of

Civil Procedure-Resignation of officers and

directors of corporation for the purpose of pro-

curing receivership.

Sections of the

Code of Civil Procedure.

1815 Blum v. Dabritz, Executrix, et al..

Demurrer of defendant as executrix sustained
-Complaint discloses naked tort for which

estate is not liable.

1915 Sachs et al. v. American Surety Co. . .

Construction of bond.

breach.

1925, Greene v. Knox et al.

1948

Page.

290

41

Measure of damage for

205

Action to have appointment of police captains
declared void-Taxpayer's action under sec-
tion 1925, Code of Civil Procedure-Not main-
tainable to try title to office.

1948, People v. Dooley et al...

1954

2082,

2083

Constitutional law. City Magistrates in the

City of New York.

77

2076, People ex rel. Bean v. Clausen, Commissioner.. 141

Alternative writ of mandamus-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 at Special

Term.

2348 Matter of Asch.

Application to be relieved from purchase at

judicial sale denied-Sale in one proceeding

under sections 85 and 87, Real Property Law,

and section 2348, Code Civil Procedure.

177

2419- Zeltner v. Zeltner Brewing Co. et al. .....298, 357

2423 Resignation of officers and directors of cor-

poration for the purpose of procuring receiver-

ship.

2473 Hoes, Public Administrator, v. New York, New

Haven & Hartford R.R. Co.

Collateral attack upon letters of administration

308

Sections of the

Code of Civil Procedure.

issued to public administrator-Construction

of sections 1780 and 2483, Code of Civil Pro-

cedure.

2568 Matter of Stapleton...

Right of executor to appeal. Question of

testamentary capacity in executing codicil to

be submitted to jury.

2568 People ex rel. Patrick v. Fitzgerald, Surrogate,

et al......

Writ of prohibition. Probate proceedings in-

volving two contested wills.

2586- Matter of Stapleton..

2588

Right of executor to appeal. Question of

testamentary capacity in executing codicil to

be submitted to jury.

2617 People ex rel. Patrick v. Fitzgerald, Surrogate,

et al..

Writ of prohibition. Probate proceedings in-

volving two contested wills.

2636- People ex rel. Patrick v. Fitzgerald, Surrogate,

et al. . . . .

2638

Writ of prohibition. Probate proceedings in-

volving two contested wills.

Page.

25

128

25

128

128

2718 Dickinson v. Hoes, Public Administrator....... 101
Gift of receipt. Donatio causa mortis.

2726, Matter of Killan..

2727

... 241

Administrator's account-New accounting at

the instance of person not a party to former

accounting.

2729 Matter of Nutting.

Appeal-Questions considered-Accounting by

committee-Burden of proof-Expenditures-

Production of vouchers-Claims allowable-

Correction of account-Authority of Appellate

Division.

145

Sections of the

Code of Civil Procedure.

Page.

2732 Matter of Davenport, Public Administrator.... 211

Representation under the Statute of Distribu-

tion-Construction of section 2732, Code of

Civil Procedure, as amended by Chap. 319,

Laws of 1898.

3268, Joseph, Trustee, v. Raff..

173

3271

Security for costs-Action by trustee in bank-
ruptcy.

363

3297 Harrington v. Bayles...

Compensation of referee-Action to foreclose

mortgage.