App. Div.] FIRST DEPARTMENT, JANUARY TERM, 1903. lants, v. John C. Stokes, Respondent, Impleaded with Nicholas L. Stokes.- Order affirmed, with ten dollars costs and disbursements. No opinion. John D. Moore, Respondent, v. The Monumental Mutual Life Insurance Company, Appellant. (No. 1.)-Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the authority of Moore v. Monumental Mutual Life Ins. Co. (77 App. Div. 209). John D. Moore, Respondent, v. The Monumental Mutual Life Insurance Company, Appellant. (No. 2.)-Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the authority of Moore v. Monumental Mutual Life Ins. Co. (7 App. Div. 209). Ray Sokolski, Respondent, v. Joseph L. Buttenwieser, Appellant, Impleaded with Julius B. Fox.-Order affirmed, with ten dollars costs and disbursements. No opinion. Lincoln Safe Deposit Company, Respondent. v. John B. McDonald, Appellant, Impleaded with the City of New York.- Order affirmed, with ten dollars costs and disbursements. No opinion. John F. Plummer, Respondent, v. International Power Company, Appellant. Impleaded with Joseph H. Hoa lley.-Order affirmed, with ten dollars costs and disbursements. No opinion. In the Matter of the Application of John W. Nelson, Appellant, for an Alternative Writ of Mandamus, v. John N. Partridge, Police Commissioner of the Police Department of the City of New York, Respondent.- Order affirmed, with ten dollars costs and disbursements. No opinion. James Murray, as Trustee in Bankruptcy of William H. Glickman and Harry E. Glickman, Individually and Composing the Firm of Glickman Brothers, Bankrupts, Respondent, v. David Bussel, Appellant, Impleaded with Others.- Order affirmed, with ten dollars costs and disbursements. No opinion. Charles A. Brown and John Fleming, Appellants, v. The City of New York and McDougall Hawkes, Commissioner of Docks of the City of New York, Respondents.-Appeal dismissed, with ten dollars costs and disbursements. No opinion. John A. Dempsey v. Joseph M. Gazzam.Motion denied. Memorandum per curiam. Herman Gunther, as Administrator, etc., of Herman Gunther, Jr., Deceased, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent. Upon payment of ten dollars costs, plaintiff permitted to submit his points on appeal, and defendant to reply to same, unless defendant desires oral argument, in which case default opened, on payment of such costs, and plaintiff allowed to put case on calendar for argument. Memorandum per curiam. Rachel Weinstein, Respondent, v. Joseph Weber, Appellant. Judgment affirmed, with costs, on the opinion of this court on the previous appeal." (Reported in 58 App. Div. 112.) ACCOUNTING — When a plaintiff is entitled to legal and not to equitable relief. ·By executors and administrators. See EXECUTOR AND ADMINISTRATOR. ACTION-Relating to corporations generally. For divorce. See HUSBAND AND WIFE. Relating to municipal corporation. See MUNICIPAL CORPORATION. By a director to compel his codirectors to account—who are proper parties. PAGE. ADVERSE POSSESSION- Private road· what user thereof will be pre- Quare, whether such presumption is rebuttable. HEY v. COLLMAN....... 584 AGRICULTURAL LAW- Causes of action for a violation of — they must ALIMONY: See HUSBAND AND WIFE. AMENDMENT — Of pleadings. See PLEADING. PAGE. ANIMAL - Killing a dog seen worrying sheep after he has been followed to See SMITH v. WETHERILL. ANNUITY — When payable from the income of a trust fund and not assign- See WILL. - APPEAL Alimony pending an appeal to the Court of Appeals from a judg See DI LORENZO v. DI LORENZO. Although the evidence may sustain a finding of fraud, the trial court, See SPIER. HYDE... -An order denying a motion for a retaxation of the compensation of the See MATTER OF COLLIS (RUNDALL CLAIM)... Reception of incompetent evidence - how far its effect upon the trial court can be determined by an appellate court -- not necessary after an affirmance and judg 49 282 577 151 495 510 See WRIGHT v. CITY OF MOUNT VERNON. 467 What discretion exercised by a fire commissioner of New York city in While the Appellate Division has power to review a ruling although an See ALDEN v. SUPREME TENT KNIGHTS MACCABEES... Special Term. 18 Exceptions are essential to a review of the facts, where the trial is at See DONELLAN v. KETCHUM. Order modifying a decree of divorce as to alimony — when it is proper. 500 Equity will not consider an exception not meritorious. 584 APPELLATE DIVISION — Although the evidence may sustain a finding of See SPIER v. HYDE 151 Temporary designation to serve on the Appellate Division — it does not pre- APPOINTMENT- Power of. See POWER. ARBITRATION AND AWARD – Arbitrator - he can decide only the 141 130 - ASSESSMENT — Of damages. For the purposes of taxation. PAGE. ASSIGNMENT - Annuity - when payable from the income of a trust fund See ROTHSCHILD v. ROUX... ASSOCIATION- New York Stock Exchange — expulsion from membership 2. Presumption in favor of the validity of its decision.] The rule The court will not examine the question decided by the governing com- * * 營 3. Right of the governing committee to consider an act as a fraudulent 282 229 4. Disposition by will of interests in a copartnership, the assets of 607 See WILL. |