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Costs of unsuccessful suit on bill or note, when chargeable on agent for
collection.....

effect of offer to allow judgment......

requisites of notice of appeal from Justice's Court.

on appeal from Surrogate's Court.....
Counter-claim-to demand for conversion of goods....
Court of Sessions-how continued beyond third week.
Criminal complaint must originate in police court...
Cumulative evidence-what is......

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
Dismissal of complaint in action for slander in charging perjury..........

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-
out usual affidavits......

358

settlement of issues..

233

E.

Evidence-rules of, relative to license to pass over neighbor's land....... 339
what is cumulative.....

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..
rules of, in an action of slander for charging perjury.

233

275

Examination of parties allowed before issue..
Exception to referee's report, upon the ground of variance between plead-
ing and proof, not always essential...

452

262

to a finding allowing interest must be specific as to the period.... 121
Execution—when defendant arrested, must be charged in execution: how
long to be charged before exoneration......

409

at suit of individual creditor of a partner may be enjoined by co-
partner.....

304

150

Executors and administrators of joint debtor, how proceeded against upon
judgment against the decedent....

commissions of: when personal services of may be allowed for:
when chargeable with compound interest: duty of as to investments.. 280
Extradition-requisites of proceedings for, of fugitive from another State.. 347

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
Guaranty-how affected by usury..

141

H.

Habeas corpus may be allowed by City Judge....

230

in what cases it lies, and how far imprisonment on civil process
may be inquired into..

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.
to forfeit corporate rights.....

244

304

169

..note, 169

to restrain retiring partner from using name and opening letters. 328
Inquest not opened after lapse of time...

Insolvency-requisites and regularity of the proceedings to obtain dis-
charge........

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
Interest-when recoverable upon unliquidated demands.....

when recoverable upon the pleadings...

Issues-how settled in divorce cases..

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modification of, on appeal, does not necessarily affect bond given

for payment, &c..

159

against executors or administrators should be expressed to be
leviable of the estate.....

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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
be clearly benefited by the result.....
Jurisdiction of appellate court not affected by omission of stamp on pro-

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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.....
Limitations of actions upon judgments of inferior courts.

M.

Mandamus does not issue to compel second payment of salary.
to municipal corporation addressed to common council.....
lies to commissioners of jurors......

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
buildings.......

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
to open inquest must be made seasonably......

213

to set aside attachment may be made without general appearance. 255
to require plaintiff to reply.....

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Municipal corporation may be compelled by mandamus to issue public
stock created by law..

318

N.

New trial ordered after judgment....

206, 408

when allowed, if evidence may have prejudiced jury.

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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.
Partnership. Assent to proposal of dissolution not evidenced by allegation
in pleading..

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.

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Reference-requisites of report......

costs, when not to be fixed by referee......

motions to vacate order of arrest should not be referred..
may be ordered in an action for breach of covenant..

Register omission to index chattel mortgage......

Religious corporation-power of court to allow sale of lands: object of

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sale: amalgamation of two societies: form of proceedings for sale..... 214
Reply-when plaintiff may be required to.....

1

S.

Sale-meaning of...............

Service-by publication, in proceedings in insolvency.
Shipping-validity of proceedings for attachment of.

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......
Supplementary proceedings-requisites of affidavit to examine third person. 155

T.

Title-what is question of...

271

Trial in criminal cases: drawing jurors: postponing after arraignment
and plea......

192

U.

Undertaking-given in injunction suit, when action lies on.
Usury-who may maintain action for relief against....

V.

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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......
Will-validity of nuncupative will, and who may make one..

271

112

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