CIVIL PROCEDURE REPORTS CONTAINING CASES UNDER THE CODE OF CIVIL PROCEDURE AND THE GENERAL CIVIL PRACTICE OF THE STATE OF NEW YORK REPORTED WITH NOTES BY PERCIVAL S. MENKEN, PH. D., LL. B. OF THE NEW YORK BAR, AND EDITOR OF NEW YORK LAW RECORD WITH A REFERENCE TO THE SECTIONS OF THE CODE OF CIVIL PROCEdure Con- VOLUME XXXIII NEW YORK S. 8. PELOUBET LAW BOOKSELLER AND PUBLISHER 1903 J Fischer-Hansen v. Brooklyn Heights R.R. Co.. 326 Attorney's lien-Secret settlement between 73,74 Attorney's lien-Agreement for fifty per cent. of recovery-Secret settlement between parties. Slater et al., Executors, v. Slater, Executor.... 355 Practice-Appeal by leave of Appellate Divi- sion from interlocutory judgment. Morse v. Press Publishing Co..... Preferences. Civil actions. 256 431 452 CONTENTS. Yorkville Bank v. Zeltner Brewing Co... ... 348 Judgment overruling demurrer to complaint affirmed-Action against agent and undis- 59 . 218 Defect of parties-Construction of sections 452 Demurrer to complaint overruled-Held that V Demurrer to complaint overruled-Agreement by party, since deceased, that another should have and be entitled to all his property Steinbach v. Prudential Ins. Co..... Defect of parties-Construction of sections 452 and 499, Code of Civil Procedure. Clemens v. American Fire Ins. Co. of Phila.... Alker et al. v. Rhoads, Jr. "Lloyds" insurance. Reinsurance. Amend- Page. 283 Burke et al. v. Rhoads, Jr..... Lloyds Fire Insurance policy-Limitation of Willis v. Metropolitan St. Ry. Co... Negligence-Assault upon a passenger by the 218 192 Matter of Gould, County Treasurer... 122 taxes. Accounting by guardian ad litem. Death of general guardian who instituted proceeding. Continuance in name of real party in interest. Failure to file exceptions to referee's report. 59 Order for examination to enable plaintiff to frame complaint vacated-Attempt to procure Connor v. Metropolitan St. Ry. Co..... Crane v. Bennett.. Libel on City Magistrate-Exemplary dam- 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 1022 Kalish et al. v. Higgins..... Judgment setting aside a deed as fraudulent 14 |