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missioners.] This was an action in the nature of a quo warranto,
to determine the validity of the law relating to the appointment
of Tax Commissioners within and for the city and county of New
York.

The Court held that the office of Commissioner of Taxes, in and
for the city and county of New York, is a city or county office,
and that the functions of such office existed, and were substan-
tially exercised by ward assessors at the time of the adoption of
the constitution of 1846, and therefore that the act of the Legis-
lature, creating the Board of Tax Commissioners, and vesting
their appointment in the Governor, with the advice of the Senate,
is, to that extent unconstitutional.

PAGE

PEOPLE V. RAYMOND..

R

RECEIVER-Liability of to pay Costs in full out of Assets-Prefer-
ence over General Creditors..

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OF INSOLVENT CORPORATION — Standing in
Court-Attachment-Foreign Corporation-Motion to vacate—
Appealable Order

233

9

See ATTACHMENT.

See FORFEITED RECOGNIZANCE.

RECOGNIZANCE, FORFEITED-Excuses-Sickness

RECORD, JUDGMENT, in another Suit-Evidence-Summary Pro-

14

342

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REFEREE-Power of to amend Pleading-Complaint-Defect of

Parties-Demurrer

33

See PLEADINGS. 2.

REFEREE, Powers of to dismiss Complaint-Stockholders' Liability
for Services to Corporation..

74

See PRACTICE. 3.

REFEREE'S REPORT-Exception to-Findings of Fact-Practice
-Case

See PRACTICE. 2.

Question of Fact-Presumption.] When the
question determined by the referee is one of fact, the opinion of
the referee putting a false construction upon the testimony of a
witness respecting such fact does not change the question from
one of fact to law; and as the judgment of the General Term,
reversing the judgment upon the finding of the referee, does not
state that it reversed upon an error of fact, it must be assumed
that the reversal was upon an error in law.

VAN BLARCOM V. BROADWAY BANK..

RELIGIOUS BELIEF-Evidence-Life Insurance-Condition of
Policy-Attending Physician

See EVIDENCE. 2,

170

132

261

PAGE

REPAIR, COVENANT BY LESSOR TO KEEP IN-Lease...

See LEASE.

REPORT OF REFEREE-Exceptions to-Findings of Fact-Prac-
tice-Case

315

See PRACTICE. 1.

-Questions of Fact-Presumption.....

See REFEREE'S REPORT.
REPRESENTATION, FRAUDULENT-Implied Obligation-Evi-
dence-Production of Books and Papers....

See PRINCIPAL AND AGENT.

dorsement

See PROMISSORY NOTE. 3.

RES ADJUDICATA-Evidence

See EVIDENCE. 3.

170

132

204

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See PRACTICE. 4.

RESIDENCE OF JUDGMENT-DEBTOR-Supplementary Proceed-
ceedings-Transcript of Judgment-Execution-Husband and
Wife-Witness ....

REVERSIONARY INTEREST-Next of Kin-Lapse of Legacy by

198

Death of Legatee....

See LEGACY.

RULES OF COURT-Absence of Counsel-Appeal..

86

25

See APPEAL.

S

SAFETY OF STREETS-Corporation-Liability-Lessee of Lot in
Street-Excavation

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SAME CAUSE OF ACTION, Pendency of another Suit for-Dis-
missal of Complaint.....

303

See DISMISSAL OF COMPLAINT.

SATISFACTION OF EXECUTION.

PEOPLE V. LANSING......

96

SCHOOL TRUSTEES, Statute in relation to-Costs-Certificate of
Good Faith

268

See COSTS. 4.

SECOND AND FIRST DEGREES OF MURDER-Homicide, In-
dictment-Statute of 1862.....

273

See HOMICIDE.

ENDORSER-Promissory Note-Protest-Waiver....... 210
See PROMISSORY NOTE. 5.

SEPARATION, Deed of-Husband and Wife-Consideration--Gift
-Trustee-Credit to Wife-Liability of Husband......

See HUSBAND AND WIFE.

160

SERVICES Rendered to Corporation, Liability of Stockholder for-
Practice Dismissal of Complaint-Powers of Referee...

See PRACTICE. 3.

SEVERAL OBLIGATIONS

Judgment

PAGE

74

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See SECURTIES.

SHERIFF-Liability for Interest on Amount made-Failure to pay
over or Deposit in Court..

See EXECUTION. 2.

SICKNESS-Forfeited Recognizances-Excuses

See FORFEITED RECOGNIZANCES.

SLANDER—Privileged Communications-Evidence-Malice.] In an
action for slander, if it appear that the Defendant had just occa-
sion for speaking the alleged slanderous words, malice is not to
be presumed; a communication which would otherwise be slan-
derous, is privileged, if made in good faith, in respect to a matter
involving the duty of the party making it.

This principle applies to an agent employed to procure informa-
tion respecting the solvency, credit, or standing of another, and
who communicates confidentially and in good faith to his principal
the result of his investigations.-Mercantile Agency.

ORMSBY V. DOUGLASS..

STATE, Lands sold by-Title-Redemption...

See TITLE.

Mortgage on Lands in another-Jurisdiction-Promissory
Notes-Usury-Void in part.....

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STATUTE IN RELATION TO SCHOOL TRUSTEES-Costs-
Certificate of Good Faith...

OF LIMITATIONS

27

342

100
194

61

268

See COSTS. 4.

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-Assignment by one Copartner.....

176

See FRAUD.

STATUTE OF 1862-Homicide-Indictment-Murder-First and

Second Degree

273

See HOMICIDE.

STOCKHOLDERS' Liability for Service rendered to Corporation-
Practice Dismissal of Complaint-Powers of Referee.

74

See PRACTICE. 3.

STREET, LESSEE OF LOT ON-Corporation-Safety of Streets-
Liability-Excavation

254

See CORPORATION. 5.

STREETS, SAFETY OF-Corporation-Liability-Lessee of Lot on

Street-Excavation

See CORPORATION. 5.

SUBMISSION TO JURY-Conflict of Evidence.

See CONFLICT OF EVIDENCE.

254

98

PAGE

SUBSTITUTION OF ARBITRATOR BY PRINCIPAL-Lease-
Liability of Surety....

See LEASE.

SUIT, JUDGMENT RECORD IN ANOTHER-Evidence—Sum-
mary Proceedings-Tenancy

See EVIDENCE.

PENDENCY OF ANOTHER, for same Cause of Action—
Dismissal of Complaint.....

See DISMISSAL OF COMPLAINT.

ord in another Suit.....

SUMMARY PROCEEDINGS-Evidence-Tenancy-Judgment Rec-

See EVIDENCE. 4.

SUPPLEMENTARY PROCEEDINGS-Debtor of Judgment-debtor
-Assignment-Chose in Action-Payment by Debtor......
See ASSIGNMENT. 2.

Transcript of Judgment-

Execution-Residence of Judgment-debtor-Husband and Wife

-Witness

See PRACTICE. 4.

SURETIES-Several Obligations-Contribution-Form of Judg-
ment.] It is not error to allow a Plaintiff any judgment to which,
upon the allegations in the complaint and the proofs, he may be
entitled, either in law or equity.

The rights and obligations of sureties inter se are the same
whether they are bound under one or several like obligations; and
where there are several obligations, contribution between them is
in proportion to the several penalties of their respective bonds.
ARMITAGE v. PULVER..

42

299

303

299

143

198

186

SURETY AND PRINCIPAL-Extension of Payment-Fraud...... 320
See PRINCIPAL AND SURETY.

ON LEASE-Liability-Arbitration-Substitution of Arbi-

trator by Principal...

See LEASE.

T

TAX COMMISSIONERS-Quo Warranto-Constitution-City of

New York

See QUO WARRANTO.

TAXES-Powers of Boards of Assessors-Error..

See CERTIORARI.

TELEGRAM-Contract-Parol Evidence

See CONTRACT. 4.

TENANCY-Evidence-Summary Proceedings-Judgment Record in

another Suit

42

233

221

113

4.

TESTIMONY OF WIFE AGAINST THE HUSBAND-Evidence

See EVIDENCE.

See EVIDENCE.

5.

299

239

THIRD PARTY-Liability to-Contract-Indebtedness-Assumption 155

See CONTRACT. 2.

TITLE-Evidence of-Ejectment

See EJECTMENT.

151

2.

--Lands sold by State-Redemption.] Where lands have been
sold by the State Engineer on behalf of the State, the original
purchaser has three months after the sale within which he may
acquire title by redeeming the lands from a purchaser at such sale,
when it is purchased by any one other than the State; and he may
also redeem from the State, when bid in by it, by paying within
that time the amount for which it was so purchased. But after
the three months have elapsed, the State Engineer may sell to
any person, and the right to redeem by the original purchaser

ceases.

CANDEE V. HAYWOOD...

TRANSCRIPT OF JUDGMENT-Supplementary Proceedings-
Execution-Residence of Judgment-debtor-Husband and Wife

-Witness

See PRACTICE. 4.

TRIAL, NEW-Newly-discovered Evidence--Discretion of the Court
-Appealable Order

See NEW TRIAL.

TRUSTEE-Gift-Consideration--Husband and Wife-Deed of Sep-
aration-Credit to Wife-Liability of Husband.....

See HUSBAND AND WIFE.

TRUSTEES OF EXPRESS TRUST-Liability for Costs-Order of

Court

SCHOOL-Statute in relation to- -Costs-Certificate of

See PRACTICE. 5.

Good Faith

See COSTS. 4.

PAGE

194

198

128

160

173

268

U

USURY-Promissory Notes-Mortgage to secure on Lands in an-
other State-Void in Part-Jurisdiction-Cloud on title......
See MORTGAGE. 1.

V

VOID MARRIAGE-Evidence-Judgment Record-Effect of Unte-
nable Objection-Joinder of Causes of Action-Election.....
See EVIDENCE. 1.

W

WAIVER-Demurrer-Grounds of Objection-Capacity to sue-As-
signment of Cause of Action-Contractor for repairing Canal-
Liability

See DEMURRER. 1.

See PROMISSORY NOTE. 5.

-Protest-Second Endorser-Promissory Note..

WIFE, HUSBAND AND-Deed of Separation-Consideration-Gift
-Trustee-Credit to Wife-Liability of Husband...

See HUSBAND AND WIFE.

WIFE'S TESTIMONY against the Husband-Evidence..

See EVIDENCE. 5.

WITNESS-Husband and Wife-Supplementary Proceedings-Tran-

61

36

180

210

160

239

script of Judgment-Execution-Residence of Judgment-debtor. 198
See PRACTICE. 4. P

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