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Reyns, Huelet v.,..

PACE

27 Tilman v. Keane,.

Ritterman, People ex rel. v. Kelly, 432 Towle v. Palmer,.

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PAGE

23

81

428 Townsend, Ford v.,.. 4 Turner v. Smith,..

159

304

V.

230

Van Deusen v. Charter Oak Fire

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Action must be brought to annul grant, for breach of condition subse-
quent, before such breach can avail a third person in a collateral action. 81
what is proper, to prevent obstruction of wharf... . . . . . . . . .
will lie by partner to enjoin sale of assets by individual creditor of
copartner...

Actions, what are local and what transitory.
Adverse possession of lands under water...
Affidavit need not be subscribed.......

169

304

290

81

48

to examine third person in supplementary proceedings........... 156
requisites of, to procure extradition of fugitive from another State. 347
to obtain discovery, requisites of........

Agent for collection of negotiable paper, liability of..
Allowance of alimony in divorce cases, on what proof granted...
Amendment, want of stamp upon process not curable by....

233

381.

358

135

not allowed after verdict, to cure defective allegation of fraud.... 396 after amending complaint, new answer is necessary: time for mov

ing to compel amendment...

Answer, in action on undertaking given in injunction suit.....

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- when struck out as sham; and mode of entering judgment thereon. 34 interposing statute of limitations; plaintiff may be required to

reply to......

an answer by executors of deceased partner, and by surviving partner...

Appeal in Marine Court, and security thereupon.

from Surrogate's Court, and costs thereon..

from Justice's Court, requisites of notice..
when does not lie from order of reference..
not dismissed for want of stamp.......

11

412

4

40

43

77

135

Appeal-variance may be objected to, on appeal, without having taken
formal exception to referee's report.....

PAGE

262

from order denying motion for new trial, lies even after judgment. 407
may be joint, if the judgment is erroneous as to some of the appel-
lants....

Arrest, right of, in action for specific personal property..

412

419

discharge from imprisonment for debt, precludes second arrest.... 428
defendant cannot be twice arrested for same cause, though in dif-
ferent forms of action.....

motion to vacate should not be referred......

432

27

Assessments for local improvements in New-York city, how made... 30, 449
in what cases set aside.....

449

Attachment, defendant may move to set aside, without general appearance. 255
not issuable in action between partners; cannot be set aside on
motion of a mere attachment creditor.....

against vessels, validity of proceedings for..

B.

157

421

Bills, notes and checks-what is parting with value for.................
Bond given as a condition of leave in an action, effect and force of..
Bounties for enlisting soldiers......

378

159

129

C.

Cause of action-election between fraud and contract....

428, 432

for refusal to fulfil agreement to enter into partnership.
what is, for a tort......

15

77

distinction between local and transient..

290

against occupant of defective building, for injury to passer-by..... 271
Challenge-what irregularities in making up jury are ground of....
Chattel mortgage-assignment of, when a pledge......

192

63

not specifying the time of payment; and omission of register to
index......

32

City Judge of New-York has power to allow habeas corpus...
Claim and delivery-effect of requisition, and of withdrawing claim for
redelivery...

230

63

Commissioner of Jurors does not act judicially..

200

Complaint-sufficiency of, in action for refusal to fulfill agreement and

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for relief against usury, when must offer to pay debt.

Comptroller-when not required to pay salary to officer, after paying it to
wrongful claimant.

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Contract-stipulation in, when merged by subsequent deed...

how far subject to legislative regulation................

290

129

to pay in gold not specifically enforceable..

174

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