Digest. have it refunded- an appeal lies from his order to the general term Code of Civil Procedure, sec. 13571869, chap. 855, sec. 5, as amended by chap. 695 of 1871 1884, chap. 141-when a tax will not be refunded because of an error in the manner of assessing it when an original act is not revived by the repeal of an amendatory act Const., art. 3, sec. 16— when the subject of an act is em braced in the title 1881, chap. 13 when an act will be held valid in part and void as to the residue. (See Harris agt. Supervisors of Niagara Co., 33 Hun, 279.) - Digest. cation therefor the provision as to costs and allowances should be inserted in the decree - Code of Civil Procedure, sec. 2558. (See Matter of Budlong, 33 Hun, 235.) 48. Docketing of decrees of a surrogate form of the execution to be issued upon them - Code of Civil Procedure, sec. 2554. (See Bingham agt. Burlingame, 33 Hun, 211.) 49. Mortgage allowing the mortgagee to enter into possession after a default of twelve months-construction of it - when the mortgage may be foreclosed at once on a failure to pay the interest. (See Central Trust Co. agt. N. Y. City and N. R. R. Co., 33 Hun, 512.) 54. Perjury-requisites of the inindictment-it need not specify in detail the issues in the action in which the false testimony was given the testimony is material if it relate to one of several facts constituting the issue involved — what evidence in corroboration of the testimony of the impeaching witness is required. (See People agt. Grimshaw, 33 Hun, 505.) 55. Slander - in an action for slanderous words spoken by a wife the husband must be made a defendant-Code of Civil Procedure, sec. 450. (See Fitzgerald agt. Quann, 33 Hun, 652.) 56. Fraudulent conveyance-a single action may be brought to set aside separate conveyances made to different persons-joint demurrer will be overruled if the complaint be good as to any one of those joining in it. (See Oakley agt. Tugwell, 33 Hun, 357.) 50. Action to foreclose a mortgagethe validity of liens prior to the mortgage cannot be contested right of the mortgagee to be subrogated to the place of a prior mortgagee whose mortgage has been paid power of the court over the relief to be granted. (See | 57. Motion to vacate a judgment Emigrant Ind. Sav. Bank agt. Clute, 33 Hun, 82.) 52. Partition-provision in an interlocutory decree for the protection of the interests of contingent remaindermen an error in the judgment confirming the sale as to the disposition of the proceeds thereof will not affect the title of a purchaser a trust fund need not always be paid into court. (See Rockwell agt. Decker, 33 Hun, 343.) 53. Bawdy-house-its continuance will not be restrained by an injunction upon the application of a party whose property is depreciated in value by it. (See Ander· son agt. Doty, 33 Hun, 160.) because of fraud - when it may be made by one not a party to it-when the application need not be made within two years from the filing of the judgment-roll - Code of Civil Procedure, sec. 1290. (See Marshall agt. McGee, 33 Hun, 354.) 58. Attachment - the affidavit must show a sum due over all counterclaims known to the plaintiff Code of Civil Procedure, sec. 636, sub. 1 when a reference to other papers on file is unavailing in an affidavit. (See Smith agt. Arnold, 33 Hun, 484.) 59. Injunction when a mandatory clause may be inserted in a preliminary injunction when one of the parties to a business agreement may be appointed a receiver to close up the business against the objections of one of his associates. (See Hanover Fire Ins. Co. agt. Germania Fire Ins. Co., 33 Hun, 539.) Digest. Pratt Mfg. Co. agt. Jordan Iron Co., 33 Hun, 554.) 68. Pleadings in justices' courts when matter set up in an answer constitutes a defense and not a counter-claim. (See Green agt. Waite, 33 Hun, 191.) 69. What amendment to a complaint should not be allowed by a referee. (See Niagara Co. Bk. agt. Lord, 33 Hun, 557.) 70. Requests for findings of fact and conclusions of law the court must pass upon each of them it cannot reject them as unnecessary. (See Goetting agt. Bichler, 33 Hun, 500.) 79. Purchaser of personal property - when liable to the true owner therefor― mere possession of personal property does not give an apparent title- an action of replevin lies against one who has ceased to retain possession of the property. (See Smith agt. Olews, 33 Hun, 501.) 80. Voluntary dissolution of a corporation Code of Civil Procedure, chap. 17, tit 11-a receiver cannot be appointed until the entry of the final order of dissolution - Code of Civil Procedure, sec. 2426 the report of the referee must contain the statement required by it. (See Matter of E. M. Boynton Saw and File Co., 34 Hun, 369.) 81. Surface railroads — construction of the statutes relating to, in cities and villages-1884, chap. 252– the consent of the local authorities may be procured after that of the property owners- the reasons for the refusal of the owners to consent need not be given - only the assessment-roll are entitled to notice. (See Matter of Broadway Surface R. R. Co., 34 Hun, 414.) 82. Committee of a lunatic -- is personally liable for rent, if he takes possession of premises under a lease held by the lunatic - he may be compelled to pay the rent by petition. (See Matter of Otis, 34 Hun, 542.) 83. Sale of real estate to pay the debts of a decedent- the provisions of the statute must be strictly complied with — what errors may not be disregarded or cured under section 2784 of the Code of Civil Procedure. (See Matter of Mahoney, 34 Hun, 501.) 84. Failure to arraign a prisoner and to require him to plead when it does not afford a ground for the reversal of his conviction. (See People agt. Osterhout, 34 Hun, 260.) 85. Evidence opinion of a witness, when it is admissible - the grounds of an objection to its competency must be specifically stated. (See Amadon agt. Ingersoll, 34 Hun, 132.) 86. Statute of limitations-an action against the directors of a banking association for negligence must be brought within three years-Code of Civil Procedure, secs. 394, 414-the commencement of the action by one stockholder does not stop the running of the statute against others who subsequently join as plaintiffs. (See Brinkerhoof agt. Bostwick, 34 Hun, 352.) 87. Costs—when to be allowed, as of course, to a successful appellant, on appeal from a judgment of dispossession in summary proceedings-Code of Civil Procedure, secs. 2260, 3066, 3240. (See Harrison agt. Swart, 34 Hun, 259.) owners whose names appear on 88. Removal of cause from the Digest. marine court to the supreme court, in order to change the venue- - Code of Civil Procedure, sec. 319. (See Granger agt. Sheble, 34 Hun, 241.) 89. Requests to charge-when a refusal to allow a request to be made is error. (See Pfeffele agt. Second Avenue R. R. Co., 34 Hun, 497.) 90. Reference-what is a sufficient delivery of the report to prevent either party from terminating itCode of Civil Procedure, sec. 1019. (See Little agt. Lynch, 34 Hun, 396.) 91. A report cannot be sent back to a referee for additional findings Code of Civil Procedure, sec. 1023 - General Rule No. 32. (See Gardiner agt. Schwab, 34 Hun, 582.) 92. Motion to continue an injunction right of the plaintiff to furnish additional affidavits Code of Civil Procedure, sec. 627. (See Cagney agt. Fisher, 34 Hun, 549.) 93. Replevin- surety upon an undertaking in-when he will be allowed to prosecute the action brought by his principal, after the latter has abandoned it. (See Hoffman agt. Steinau, 34 Hun, 239.) 94. Partition-if the clerk of the court is appointed guardian ad litem for an infant defendant in an action of partition, he must give security. (See Fisher agt. Lyon, 34 Hun, 183.) 95. Ejectment-recovery of pos session by the plaintiff, under a judgment which is reversed on appeal - right of the defendant to be placed in possession againCode of Civil Procedure, sec. 1529. (See Conger agt. Duryee, 34 Hun, 560.) 96. Attachment -on a motion to VOL. I 77 99. Undertaking on appeal-when invalidated by the refusal of the sureties to justify Code of Civil Procedure, sec. 1335. (See Hoffman agt. Smith, 34 Hun, 485.) 100. Code of Civil Procedure, sec. 191, sub. 3-power to allow an appeal under-by what general term it must be exercised. (See De Freest agt. City of Troy, 34 Hun, 580.) 101. Appeal from a judgment convicting a defendant of murder in the first degree-duty of the appellate court to grant a new <rial if the verdict be against law or if justice requires a new trialwhen the expense of preparing the case will be charged upon the county. (See People agt. Jones, 31 Hun, 620.) |