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178

445

376

319

329

T.

Orser v. Glenville Woolen Co. 85 Spuyten Duyvil R. R. Co.,

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Baxter v... . . . .

Stearns, Woodward v.

Sterne v. Herman..

209 Strong v. Dwight.......

129

106]

Suydan v. Holden.

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Pike, Jarvis v....

Platt v. Platt..

Pratt, Sherwood v.

115

Pryor, Commonwealth Bank

V.

of Philadelphia v........ 227 Van Allen, Loucks v.

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ERRATA.-In the first edition, on page 454, lines 11-15, instead of "order denied and plaintiff appealed," read "order granted and defendant appealed," &c. On page 459, line 11, for "plaintiff," read "defendant."

INDEX

TO THE

CASES REPORTED IN VOLUME XI., NEW SERIES.

PAGE

Abatement. Action prosecuted in name of sheriff under section
238 of the Code, does not abate upon the death of both the
sheriff and his deputy, but may be continued in the name of
the sheriff's successor.

not effected by plaintiff's death after verdict for personal
tort....

Abstract—of title, right of attorney to retain..
Action-against stockholders in corporation, cannot be joined
with one to charge them as trustees..
does not lie by stockholders, common or preferred, to enjoin
issue of bonds...

...

lies on certificate of architect, &c., that work is done.
to adjudge plaintiff entitled to land of which legal title is
in defendant, is local.

to recover money paid by mistake under attachment.
to set aside devise, and of ejectment, nature of.....
what is, for fraud, and what on contract

Administration. Adult woman preferred to minor male...

Affidavit of imprisoned debtor, need not be sworn to before

petitioner is heard in court...

of merits-when necessary.

Agent-personal liability of, if he acts without authority.

Alien-father, even if living, does not impede inheritance be-
tween citizen brothers...

85

1

113

455

188

378

27

116

102

405

17

402

430

442

438

Alimony-increase of allowance for extraordinary proceedings.. 311
Amendment-of defect in bond to secure costs on appeal.

of verified answer, allowed, even when striking out ad-
mission....

97

Answer amendment of a verified, allowed, even when striking
out admission....

319

819

PAGE

Answer-extension of time to....

in trademark case, denying intent to wrong, and having
made any sale except to plaintiff....

430

399

what is relevant matter in, in action for libel..
when stricken out as frivolous or sham...

390

227, 399, 453

Appeal-effect of pendency of, on inferior court.

435

from dismissal of attachment suit, no bar to new attach-
ments..

from justices' courts,-service on attorney, &c. .

447

37

when lies from order of reference granted on affidavit of
long account...

29

time within which to take, cannot be enlarged by court.
how waived....

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motion to dismiss on failure to prosecute, and order
abandonment...

of

338

to court of appeals, when allowed in action originating in
inferior court....

356

Appearance what amounts to waiver of objections.
Arrest-affidavit to obtain order of..

37

233, 235
326

Assignee of lienor under mechanics' lien, powers of.
Attachment-debts due the defendant levied on under, must be

sued for by the sheriff making the levy and not by a receiver
appointed on supplementary proceedings.

effect of, on right of defendant to convey title.

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levy under, in case of debts due defendant...

20

money paid by mistake under, may be recovered.

116

who is non-resident....

407

may be issued in second suit, notwithstanding appeal pend-

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Authority-by court, to build railway on highway, bar to action
to prevent it by commissioners..

178

B.

Bailee without hire-liability of.

....

344

Bankruptcy-discharge in, may be set up by supplemental answer
to complaint for coversion, if facts stated allow recovery on
contract

353

when proceedings in State court will not be stayed....note, 353
Benevolent societies. Duty of Secretary of State to file certificate. 106
Bona fide-holder of promissory notes*.

127

Burden of proof-to rebut presumption of contributory negli
gence..

411

C.

Canvassers of election-cannot reject fraudulent returns..
Cemetery-lot liable to foreclosure, but not execution..
Commissioners of highways are barred, by authority from court

203

64

to railway, to build road on highway...

*This case has since been reversed.

178

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