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INDEX.

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A.

ATTACHMENT.

When notices and inventories may
ACTION FOR CAUSING DEATH.

be amended by inserting additional
property

367
By explosion of a steam boiler, to
what extent inspector's certificate
evidence

454

ATTORNEY.

For defendant, power ceases on en.
ADJOURNMENT.
try of judgment, &C..............

12
In justice's coart, for more than eight

days, when irregular, and the jus-

ticé loses jurisdiction..... 417
A refusal to adjourn, not the subject

BANKRUPTCY.
of exception-affidavit, sufficient
for an adjournment.

451 Confidential communications to an

attorney, when required to testify
as a witness......

79
APPEAL.

When attachment will issue to com-
Whether an order of special term re-

pel wife of bankrupt to testify as
moving a cause into the U. S.

å witness....

88
courts, is appealable to the gent-
ral term-Quere! .

1 Power of register to pass upon facts,

but not upon questions of law.... 111
From justice's to county court,

when sham and false answer will When assignee not required to amend
be stricken out by the county court his return...

392
and a new trial denied.......... 107
From justice's judgment in favor of BANKRUPTCY, U. S. COURTS.

defendant to county conrt, will be
reversed, where plaintiff would be No power to arrest proceedings in a

state
entitled to nominal damages only. 320

court- when assignee in

bankruptcy in contempt...... 340
When order made at circuit requiring
defendant to pay costs, appealable 349

BOUNTIES TO VOLUNTEERS.

APPEARANCE.

By attorney in justice's court, when
not conclusive on defendant, but is
on the plaintiff..

417
659

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CONTRACT,
To deliver personal property, when

E.
binding, without a previous tender
or offer to pay....

444

ELECTION OF ACTION. COMMISSIONERS OF APPRAISAL. | Facts in the complaint, constituting

one of two actions, which one On appeal, from their report, court

is to be determined on the trialcannot receive affidavits—can only plaintiff cannot be required to elect act upon the report.

187

in advance...

97

EXPRESS COMPANIES.

COVENANT

In lease—when action for breach will not lie....

483

Duty in ascertaining residence of

consignee, and delivery ot packages to him personally.

273

CRIMINAL LAW.

G.

GUARDIAN IN SOCAGE,

Power of general guardian to supersede his agreements

114

When acquittal on trial of an indict

ment against defendant, is no bar

to a second indictment and trial... 91 An indictment need not state the

names of jurors—when charge is Bufficiently stated as wilfully done —an accomplice is a competent witness—the credibility of a witness must be determined at the time he testifies ..

369 Powers of the court of oyer and ter

miner-when list of witnesses before grand jury on finding an indictment, will be ordered to be delivered to the prisoner......

430 Common receipts are not the subjects

of larceny—but certificates of

H.

HABEAS CORPUS.

When prisoner must be produced,

notwithstanding court of oyer and terminer is in session..

402 Index.

I.

Of two justices to decide a cause
agreed before three......

508

INJUNCTION.

JUSTICE'S COURT.

No jurisdiction of an action of assault

and battery-when defendant en-
titled to costs

481

M.

MANUFACTURING CORPORA-

TIONS.

Not allowed where there are reme-

dies at law entirely adequate for
the party..

133
When will not be allowed to restrain

blacksmithing, as injurious to ad-
joining persons.......

176
Motion to vacate, may be made be-

fore another judge than the one
who granted it......

193
Complaint mast show facts of plain-

titt's interest in the controversy
to entitle him to an injunction-
application against a railroad cor-

poration—when vacated......... 193
Ought not to issue except in clear

cases--not in doubtful ones, &c... 193
When will be dissolved on ex parte
affidavits

193

When their organization is effected. 328

MARRIED WOMAN.

An action against, for trespass com.

mitted by her cattle, her husband

need not be joined as a party.... 37
Covenant in lease prior to 1860—ef-

fect thereof after her death.. 483

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On appeal from a justice's court—the

evidence before the justice, need
not be returned, &c....

385
When and upon what grounds, will
be granted....

424
Authority of general term to grant

under $268 of the Code-interlocu-
tory decision...

504

JUDICIAL OFFICERS.

Power of two justices to decide a

cause argued before three..... 508

JURISDICTION.

Of general terms of supreme court

on questions of practice...... 492

Index.

228

NEW YORK GOLD EXCHANGE. A stockholder or creditor at large of

the corporation, not entitled to a
Powers of members to revoke

agree-
receiver...

193
ment or submission to arbitrate-
its effect, &c...

168

When directors may issue stock in

conversion of bonds—when direc-
NUISANCE.

193
tor cannot be suspended, &c.....
When election for directors illegal,

fraudulent and void, as to one set
Remedy in equity in favor of all per-

of directors, and valid as to another
sons, when tenant in possession
may bring an equitable action to

set of directors-declared duly

elected
abate a nuisance, specially injuries
to himself, &c..

67 A majority of stockholders in interest

to control the election of directors
and officers.....

228
0.

A receiver should not be appointed

ex parte, as a general rule..... 228
OBJECTION.

When election of directors may be
set aside, as in direct violation of

228
Made at the trial to evidence, must

an injunction.....
be specific in order to be re-
viewed

454

RECEIPTS.

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T.

TAX-PAYERS.

Of a town no authority to withdraw

subacription to an application for
bonding the town......

515

U. S. STAMPS.

When left off of an instrument by

mistake, its effect-remedy &o... 123

USURY.

TRIAL FEE.

When an amount of money paid for

a loan constitutes usury, the jury
having found the money loaned
belonged to the lender.... 288

When defendant liable to pay, where

he pays the claim against him.... 349

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