INDEX.

ATTACHMENT.

... 367

... 121

When notices and inventories may
ACTION FOR CAUSING DEATH.

be amended by inserting additional

property .....
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.. ...
In justice's court, for more than eight

days, when irregular, and the jug.

tice 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
APPEAL.

as a witness...........

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.

a witness...................
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........
and a new trial denied........... 107
From justice's judgment in favor of

BANKRUPTCY, U. S. COURTS.
defendant to county court, will be
reversed, where plaintiff would be No power to arrest proceedings in a
entitled to nominal damages only. 320 state court- when assignee in

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

BOUNTIES TO VOLUNTEERS.

......

.......

........... 392

APPEARANCE.

The payment of commutatlon money

discharges from duty under the
By attorney in justice's court, when draft, but is not an exemption-the

not conclusive on defendant, but is person paying, therefore is entitled
on the plaintiff...... ..... 417 | to his bounty money.............

659

Index.

stock of an incorporated company

475

are .......

CERTIFICATES OF STOCK.

D.

ceny.

...... 475

Of an incorporated company, are per-
sonal property and subjects of lar-

DAMAGES.
CHARGE OF THE COURT. On dissolving an injunction, may be

enforced by order and attachment, 280 Must be as requested, where a ver

dict contrary to such request would
be set aside as against evidence.. 406

DEED.

| Delivery and acceptance necessary CONSTITUTIONAL LAW.

to its effect-when delivery by an

* agent good...................... 100 The amended act of 1867, to prevent animals from running at large, &c.

DOGS. not unconstitutional..

hl.............. 136 The act of congress, July 1st, 1866, Liabily of owner or possessor under

authorizing the taxation of state | the statute, where sheep are killed banks, not unconstitutional....... 147 by them....

. 364

........................

E

...... 444

CONTRACT,
To deliver personal property, when

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

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. 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 GUARDIAN IN SOCAGE.

names of jurors-when charge is sufficiently stated as wilfully done Power of general guardian to super-an accomplice is a competent sede his agreements ............. 114 witness-the credibility of a witness must be determined at the

time he testifies ......... ...... 369 Powers of the court of oyer and ter

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

HABEAS CORPUS. delivered to the prisoner......... 430

When prisoner must be produced, Common receipts are not the subjects | notwithstanding court of oyer and py-but certificates of

Index.

1 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 ................... 201

M.

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-

tift''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

MANUFACTURING CORPORA-

TIONS.
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

MECHANIC'S LIEN.

INJUNCTION AND RECEIVER.
When will issue to restrain collec-

tion of rents, under a defective

title ....
Against trespass, when authorized,

and when complaint for, will be
dismissed on its face............. 94

When it ceases, unless properly con-

tinued-when it has ceased, no di-
rection to county clerk to discharge
it necessary .......

........... 43

..... 382

MORTGAGE FORECLOSURE.

......... 352

When the mortgagor, acting as a
J

trustee of an express trust, can
maintain an action to restrain the

foreclosure, without joining the
JOINT STOCK ASSOCIATIONS.

cestui que trust.....
Are under the same rules as corpor-
ations, in reference to parties for

MORTGAGE OF CHATTELS.
the removal of causes into the U.S.
courts ........

1 When legal title to the property be-

comes absolute in the mortgagee

the right of the mortgagor to re-
JUDGMENT RECORD.

deem-his remedy after an alleged
Its validity in any state, under the

unfair sale...................... 296
acts of congress-effect under at-
tachment proceedings in one state,
as against a chattel mortgage on
same property given to a party in
another state........

NEW TRIAL.
JUDICIAL OFFICERS.

On appeal from a justice's court—the

evidence before the justice, need
Power of two justices to decide a not be returned, &c.............. 385
cause argued before three........ 508 |

When and upon what grounds, will
JURISDICTION.

be granted...................... 424

Authority of general term to grant
Of general terms of supreme court under $268 of the Code--interlocu-

on questions of practice.......... 492| tory decision........

.........

........... 504

Index.

NEW YORK GOLD EXCHANGE.

Powers of members to revoke agree-
ment or submission to arbitrate-
its effect, &c..................... 168

NUISANCE.
Remedy in equity in favor of all per-

sons, when tenant in possession
may bring an equitable action to
abate a nuisance, specially injuries
to himself, &c...................

A stockholder or creditor at large of

the corporation, not entitled to a

receiver......................... 193
When directors may issue stock in

conversion of bonds-when direc-

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

fraudulent and void, as to one set
of directors, and valid as to another
set of directors-declared duly

elected ......................... 228
A majority of stockholders in interest

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

... 228
A receiver should not be appointed

ex parte, as a general rule........ 228
When election of directors may be

set aside, as in direct violation of
an injunction.....

... 228

RECEIPTS.

Common, are not personal property

and are not the subjects of larceny 475

ORDERS.
Granted by a judge in an action, can

be vacated on his own motion.... 271

RECOUPMENT.

Of damages for a partial failure of

consideration, must be alleged in
the answer, to allow proof thereof. 190

R.

...... 417

STAMP, U. S.
RAILROADS.

| Required on a return of constable
What constitutes a delivery of bag-

to service of summons--the effect,
gage to, to create a liability on the

when omitted.......
road.

........ 289

STATUTE OF FRAUDS.
RAILROAD CORPORATIONS.

Memorandum must show the con-

I tracting parties.................. 62
What facts necessary to state in com-

plaint for the appointment of a re | Contract under, void in part, void in
ceiver or referee, ex parte, against whole-part performance-grow-
a railroad corporation........ 193–228 ing grass &c.................... 385