A cause of action on the contract is not consis-powers by a Board of Aldermen, or to enjoin a tent with a cause of action on the avoidance. Mayor of a city from recognising the body, or Faulks v. Kamp. approving its acts. Demarest v. Wickham, 508
Where, under the statute forbidding traffic in liquors in the state of Maine there is no liability in the buyer to pay for goods pur- Where a trial for the sale of adulterated chased, an action cannot be maintained against milk is under the sanitary code of the board him as trustee. McGlynchy v. Winchell. 123 of health, in the city of New York, its publica- tion must be shown to justify a conviction under any of its provisions. Kneib v. People. 473
Where the foundation of the plaintiff's claim was an express contract alleged in direct terms to have been made between himself and the de- fendant, and the design of the plaintiff to proceed upon the contract, further appeared by the form of the summons, which stated that the plaintiff would take judgment for a certain amount on defendants failure to answer, Held, that an allegation that the defendants had
the amount of the judgment or the subject mat- ter in controversy does not exceed $500 exclu-
For amendment on APPEAL or ERROR, see sive of costs, the interest which accrues subse- those titles.
An order of the general term granting a new trial where the recovery was not more than $500, is not appealable. The act of 1874 lim- iting appeals to the court of appeals applied. Long v. Warren. 171
When an order is made at special term of the supreme court denying a motion, and on leave another motion is made for an order on additional papers, the order made on that mo- tion is the final order and alone appealable. The presumption that the special term held correctly on the affidavits, must be overthrown by the appealing party. Robbins v. Ferris. 219
A decree directing issues to a jury by a chan- cellor is appealable for there may be no evidence to go to a jury. Williams v. Guest. 238
No appeal to the supreme court of the United States will lie on a judgment rendered by a state court, unless such judgment is the final decree of the highest court in the state in which a de- cision can be had. Mc Court v. County Com- missioners. 257
quent to the recovery is not to be considered as part of the judgment. Ryan v. Waul. 267
The fact that the cause was pending, or the recovery had before the passage of that amend- ment, does not take the case out of the opera- tion of the act, nor does the application of it to all appeals brought after it became a law, and the fact that it takes away the right to appeal in some cases where it existed before render the Ib. act retroactive in its operation.
On a motion to dismiss an appeal an issue joined on demurrer cannot be decided. Og. densburg &c. R. R. Co. v. Vermont &c. R. R. Co.
Under the amendment of § 11 of the Code of 1874 (ch. 322 laws of 1874) which limits ap- Where in New York the record simply peals to the Court of Appeals to cases where presents the question of the power of the
A town marshal may arrest on view for vio- lation of a town ordinance. Nealis v. Hay- ward.
An order of arrest will be granted on a judgment recovered in a foreign State for money received in a fiduciary capacity. Fel- lows v. Cook. 195
Where a preliminary list was made by the assessors which was not signed and from it an official assessment was made, which was incorporated in the general tax roll, in a sep- arate column, duly signed by the assessors and sworn to according to law. Held, that such assessment list was sufficient. Ib.
Where the board of assessors passed a resolu- tion, specifying the amount determined upon for street improvements. Held, a substantial com- pliance with the act, requiring the cost to be certified to a commission appointed to carry out the proposed improvements, and equivalent to a certificate.
Where a lessee is at the time of laying an as- sessment, legally liable to pay it, he is aggrieved if the asessment is wrongful and there is no difference between him and the owner of the property in his right to take the statutory pro- ceeding to vacate it. The provision of law authorizing such proceeding is open to any An order of arrest will be granted in an ac- one who is likely to be put to litigation and ex- tion to recover damages resulting from a pense by reason of the unlawful assessment. lb. fraudulent conspiracy to divest one of his property, notwithstanding the damage might Assessments will not be vacated if the ad- have been recovered in an equitable suit deter-vertisement of the introduction of the resolu- mined between the same parties. The code tion and ordinance was not in every corpora- permits a joinder of the action, but does not tion paper. Petition of Conway. 124 compel it. Bruce v. Wyatt.
Assessments for street improvments as pro- vided by ch. 298 of the N. Y. Laws of 1861, are not affected by ch. 169 of the Laws of 1861, requiring the whole amount to be assessed
It is too late to raise the question of validity and regularity of proceedings in street open- ings several years after the confirmation of the report. The confirmation of a report of a street opening under the act of 1813 is a judg- ment, and conclusive, and cannot be opened in an application to vacate an assessment there- under under ch. 338, laws of 1858. The act of
1872 cures the alleged irregularity. Dolan v. report. Fisher v. Mayor &c. of New York 508 Mayor &c., of New York.
An assessment is a lien, and is enforceable like
The N. Y. act of 1872, providing for the a mortgage. assessment of the expense of an improvement
on the tax payers at large, refers only to work
to be done and is not unconstitutional. As- For assessments upon corporate stocks, see COR- tor v. Mayor &c., of New York.
For assessment of Taxes, see TAXES.
Stock of foreign corporations owned in New For assessment of Damages, se DAMAGES. York cannot be assessed for taxes. The actual value of the capital stock of a corpo- ration which has no legal situs out of the state is taxable in the state of New York. Pacific Steamship Co. v. Commissioners, &c.
An assignment of personal property by parol is a valid transfer in equity and in law. Doremus v. Williams
The board of assessors of the city of New York are required to apportion the expense of improvements upon the property benefited thereby in the manner prescribed by law, and an omission from the assessment roll of an en- An assignment of a chose in action affects tire block, whose share of the expense must the right to the title and is controlled by the ler therefore have been imposed upon the other loci contractus. Lery v. property, if done intentionally, renders the entire assessment fraudulent. Casey v. Mayor dc., of New York.
There is no law or judicial decision making the record of an action or suit a place of record, where assignments of the claim in suit must Coon v. Reed. 339 be filed.
in action is of equitable cognizance. Dallrig
The whole matter of an assignment of a chose
When a plaintiff is secured in an existing action, though in a foreign state, an attachment Trubee v. in a second suit will be set aside. 460 Ib. Alden.
A trustee of a church is not, as such, disquali- fied from acting as a commissioner of assess- Ib.
When the report of any two of three com- missioners of assessment is sufficient, that the third commissioner signing did not appear to be the one appointed, will not invalidate the
A warrant of attachment need not contain a recital of any of the grounds authorizing its being issued. Mayor &c. v Genet. 461
A prisoner escaping from a sheriff will be held to be absconding from the jurisdiction, and will be a sufficient ground for an attachinent.
A statement giving all the particulars which Where a bank was put in the hands of mili- can be given will be sufficient to fix the amount tary commissioners for liquidation. Held, that for which the attachment will issue. I. being compelled by superior force to submit its affairs to the control of the military commis- Before an executor can be attached, what hesion, it was discharged from its liability is required to do must have been definitely as a pledge. McLemore v. Louisiana State ascertained and settled. Sutton v. Davis. 483 Bank 268
The attorney of a lender of money cannot recover from the borrower on implied contract, for examination of title. Norwood v. Barcalow. 4
Possession under a mere bailment for hire is not a consuctive fraud, and the property is not liable for the bailee's debts. Christ v. ber.
Where an attorney purchases a judgment from his client, before the rendering of a final de- To bring a judgment within the exemption cision, in an action to annul such sale, the of the bankrupt act, the debt must have been attorney must show, that he gave his client contracted through fraud as the instrument. all the information he himself had, as to the A fraudulent disposition of property is not probable favorable determination of the ap- within the exemption. Phenix Park Coal Co. v. peal, and establish the perfect fairness, ade-Schorper. quacy and equity of the transaction. Dunn V. Record.
The power of a register to compel attendance not extend beyond one hundred miles, the of a witness living out of his district, does limit fixed by the act. Re Woodward.
Effect of bankruptcy proceedings in State courts on an attachment made four months be- 34 Braley v. Boomer.
fore the adjudication. Ib.
Where the defendants had stacked tow on the The creditor of a bankrupt cannot attack a ground and the tarpaulins put over it were in-mortgage until his debt is in judgment and an sufficient and let the rain through. Held, that assignee has no greater right in this respect than the defendants were liable as warehousemen, as a creditor. Re Collins. bailees, for reward, and also as ordinary bailees, not having shown ordinary and reasonable Mitchell v. Lancashire, &c., R. R. Co. 16
A warehouseman who is exempted by agree- ment from his ordinary responsibility is still li- able for proper care, and especially for a negli- gent misdelivery. Collins v. Burns. 243
Where a bankrupt has no lien upon property, the bankrupt act transfers no lien to the as- signee. lb.
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