Costs of unsuccessful suit on bill or note, when chargeable on agent for effect of offer to allow judgment...... requisites of notice of appeal from Justice's Court. on appeal from Surrogate's Court..... D. Debt-what is, within legal tender act... PAGE 381 23 43 40 27 192 244 368 174 Discharge in bankruptcy, under foreign law, how pleaded.. effect of, in insolvency proceedings...... from imprisonment for debt, precludes second arrest.. 311 48 428, 432 Discovery and inspection of books and papers, in what cases ordered...... 233 275 in action for relief against usury, should not be ordered for omis- sion to offer payment of debt. 141 District Attorneys-powers of..... 244 Divorce-wife's expenses may be allowed, after jury have disagreed, with- 358 settlement of issues.. 233 E. Evidence-rules of, relative to license to pass over neighbor's land....... 339 368 of loss of papers, to found the offer of secondary evidence of con- tents, is for the court to pass on... 121 offer to allow judgment not admissible on the trial. . 366 rules of, in reference to connected correspondence.. 233 275 Examination of parties allowed before issue.. 452 262 to a finding allowing interest must be specific as to the period.... 121 409 at suit of individual creditor of a partner may be enjoined by co- 304 150 Executors and administrators of joint debtor, how proceeded against upon commissions of: when personal services of may be allowed for: F. Former adjudication in premature action, not a bar...... 250 G. PAGE Good will-when infringed by retiring partner or employee of late firm.. 328 141 H. Habeas corpus may be allowed by City Judge.... 230 in what cases it lies, and how far imprisonment on civil process 432 I. Imdictment-in what cases quashed on motion.... Injunction may be granted at suit of a partner to enjoin execution sale of assets by individual creditor of co-partner...... when does not lie to prevent erection of wharf. 244 304 169 ..note, 169 to restrain retiring partner from using name and opening letters. 328 Insolvency-requisites and regularity of the proceedings to obtain dis- Insurance-payee named in policy may recover in his own name. evidence of proofs of loss: effect of mortgage of goods..... 213 48 343 349 effect of payment on policy issued "for whom it may concern”......... 186 when recoverable upon the pleadings... Issues-how settled in divorce cases.. modification of, on appeal, does not necessarily affect bond given for payment, &c.. 159 against executors or administrators should be expressed to be effect of against joint debtors: and enforcement against heirs, &c.. 150 Judicial act-what is...... ..200, 230 Judicial sale not set aside even at the instance of infants, unless they will Justices' court-requisites of notice of appeal from.. 43 L. Laches-in practice, what is, and when imputable to officers... Legacy-when must bear its own taxes and commissions.... PAGE 206 280 Legal tender-sufficient in payment of debts agreed to be paid in gold.... 174 Legislative power-limits of...... License to enter land of neighbor, when presumed..... M. Mandamus does not issue to compel second payment of salary. does not lie to city judge.... Marine court-appeals in, and security thereupon. judgments of, barred in twenty years... .129, 135 339 126 Measure of damages in action by tenant of life estate, for destruction of interest recoverable on unliquidated demands. on contract to pay in gold..... on insurance policy............ 184 318 200 230 4 126 206 121 174 186 Motion to quash indictment, when may be made, and in what cases granted. 244 213 to set aside attachment may be made without general appearance. 255 Municipal corporation may be compelled by mandamus to issue public 318 N. New trial ordered after judgment.... 206, 408 when allowed, if evidence may have prejudiced jury. Offer to allow judgment, when not admissib e in evidence on the trial... to allow judgment: what is " a more favorable judgment".. 23 P. Parties. Payee of insurance policy may sue in his own name. 343 378 PAGK Petition to vacate assessment in New York.. for insolvent's discharge...... Pleading in action on action on undertaking given in injunction suit.. offer to pay debt upon prayer to be relieved from usury.. 30 48 34 141 issue as to interest... 186 ..... fraud or defeasance as a ground of setting aside a deed. 262 foreign discharge in bankruptcy, mode of... 311 false representations must be explicitly averred. 396 in an action against a pledgee, a denial of complete payment is enough, with stating how much is unpaid.............. 406 joint answer, which is good as to some defendants, is not frivolous 412 Pledge and mortgage distinguished...... 63 Power conferred by law on several persons.. 449 Pre-emption right to lands under water in New York. Reference-requisites of report...... costs, when not to be fixed by referee...... motions to vacate order of arrest should not be referred.. Register omission to index chattel mortgage...... Religious corporation-power of court to allow sale of lands: object of sale: amalgamation of two societies: form of proceedings for sale..... 214 1 S. Sale-meaning of............... Service-by publication, in proceedings in insolvency. Slander in charging perjury: rules of evidence in.... Specific performance-when may be decreed, respecting stock.. Statute as to drawing jurors is directory.. Summons-defect in form of, amendable. Stamp-necessity of, upon process for appeal from inferior court.. 214 48 421 275 300 135 192 150 421 Superior Court of N. Y. may issue attachments against vessels...... T. Title-what is question of... 271 Trial in criminal cases: drawing jurors: postponing after arraignment 192 U. Undertaking-given in injunction suit, when action lies on. V. Variance-what is, in an action to set aside conveyance.... 262 Vendor and purchaser-who liable on destruction of building by fire..... 290. Venire unnecessary in criminal cases.... Verdict set aside for mistake, after judgment. 192 206 W. Wharf-liability of possessor for injuries from defect in...... 271 112 |