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REPORTS OF CASES

22

DECIDED IN THE

COURT OF APPEALS

OF THE

STATE OF NEW YORK

FROM AND INCLUDING DECISIONS OF OCTOBER 6, TO DECISIONS
OF DECEMBER 8, 1903,

WITH

NOTES, REFERENCES AND INDEX.

BY EDWIN A. BEDELL,

STATE REPORTER.

VOLUME 176.

ALBANY

J. B. LYON COMPANY.

Entered, according to Act of Congress, in the year nineteen hundred and four,

BY JOHN F. O'BRIEN, SECRETARY OF THE STATE OF NEW YORK,

In trust for the benefit of the People of the said State, in the office of the Librarian of Congress, at Washington, D. C.

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JUDGES OF THE COURT OF APPEALS.

ALTON B. PARKER, CHIEF JUDGE.

JOHN C. GRAY,

DENIS O'BRIEN,

EDWARD T. BARTLETT,

ALBERT HAIGHT,

CELORA E. MARTIN,

IRVING G. VANN,

ASSOCIATE JUDGES.

EDGAR M. CULLEN,

WILLIAM E. WERNER,

JUSTICES OF THE SUPREME COURT SERVING AS

ASSOCIATE JUDGES.*

*Designated by the Governor January 1, 1900, under section 7 of article

VI of the Constitution, as amended in 1899.

iii

ERRATA.

In Barber v. Brundage (169 N. Y. at p. 370) in 6th line

from top of page after the word "Brundage" strike out the

words "a granddaughter of the intestate" and insert "the widow of the intestate's brother Franklin."

In 14th line from top of page strike out the words “also a granddaughter of intestate," and insert "a niece of intestate."

In People v. Glennon (175 N. Y. p. 55,) in 5th line from top of page (Penal Code, sec. 332) should read section 322. In Ackerman v. True (175 N. Y. p. 357) in 5th line of Judge MARTIN'S opinion, insert the word "northerly" in place of "southerly."

iv

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Blair, People ex rel., v. Folks.. 565
Board of Education of City of

C.

New York, Gunnison v......
.... 11 Calder, People ex rel. Chirurg

Board of Education of Cortlandt

V....

568

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