Index. PAGE ACTION. In an action for breach of promise of marriage, there is but one cause of action .. 281 A statement of one cause of action in different forms not now allowed 281 What action is applicable to a case where plaintiff desires to restrain 382 515 A voluntary payment, deliberately made, without fraud or duress, cannot be recovered back..... 526 Under § 120, all or any of the parties, severally liable on a bond, 569 AGENT. What constitutes an agent sufficient to authorize an attorney to commence a suit to recover land.... AMENDMENT. Justices of the peace have no power of amending process and pleadings by adding or striking out the names of parties, and the correction of mistakes, &c. The provisions of the Code apply to courts of record.. 80 140 Court has full power, before trial, to allow amendments to pleadings, ..... 169 What terms imposed upon plaintiff, where complaint amended after .... 169 When complaint may be amended, by setting forth a judgment ob- 273 ANSWER—what allegations considered sufficient, whether constituting a counter-claim or not, &c.. ... 163 An answer which is merely defensive, no reply or demurrer is ad- 266 Where defendant admits part of plaintiff's claim, arising on an ordi- 360 Insufficient verification of complaint, authorizes the service of an unverified answer.. 374 An answer which puts in issue the allegations of the complaint, either 395 When a verified answer may be stricken out, &c... 395 Insufficient allegations in answer to an action on promissory 477 When objection to non-joinder of parties should be taken by an8 $12 swer, and when by special demurrer... 569 Index. APPEAL. The appeal given by the 351st section of the Code, is a substi- ...... PAGE 83 83 129 ..... 134 Court has discretion to order a stay of proceedings on appeal, from that the return was not made in time.... 140 481 What is a sufficient return to the court of appeals, &c. 181 No appeal can be taken from an order of a county judge in proceed- 203 Under § 349 of the Code, an appeal may be taken before judgment, 251 On moving to dismiss an appeal from a justice's judgment, it is only 264 Appeals from the Marine Court to the Common Pleas can only be 400 462 ........ Proceedings on entering judgment on decision of a single judge, and .... 465 Why the grounds of appeal from a justice's court judgment should 498 An appeal from an order sustaining or overruling a demurrer, under APPEARANCE. Notice of motion signed by the attorney generally, is an appearance of the party, generally, in the cause, &c......... 138 A voluntary appearance of a defendant is equivalent to personal service of a summons on him ..... ... 481 A cause may proceed under the Code, upon an answer without any ARBITRATION. When submission to arbitration discontinues all legal proceedings in the action, &c.............. Where execution issued on the judgment, which was not returned by ..... 481 355 Index. PAGE the sheriff, held, he could not avail himself of the submission to arbitration in answer to an attachment, where one party had revoked the submission.... ARREST. Defendant may be arrested for money received, as agent, &c., or in a fiduciary capacity, &c..... Two cases for arrest under § 179-manner of proceeding in each class of cases.... 355 1 1 1 Cases of arrest may be decided upon affidavits which tend to decide ASSIGNEE. Assignee of cause of action for mere tort, not affecting property, cannot sue in his own name ATTACHMENT. It seems that the same principle must apply to the case of an attachment, under the Revised Statutes, as is applicable to fi. fa. against one of several partners, in reference to the copartnership property 254 97 46 Duty of sheriff in taking and keeping property under an attachment, 46 Letters and correspondence are not among the papers which the 46 When sheriff entitled to poundage on attachment... 207 What affidavits may be read to vacate or sustain an attachment- 221 What constitutes non-residence, within the meaning of the law re- 507 How an attachment should be served by the sheriff, in order to reach 520 ATTORNEY. Authority to commence a former action of ejectment, required under the Code to commence an action to recover land.. 80 When assignment of judgment by plaintiff, does not affect the attorney's costs in the judgment.... Implied agreements between attorney and client, stand upon the same 100 452 Index. BANKS-under the general banking law, when suing, should recite the title of their act of incorporation, &c........ when drawing sight drafts or checks, does not operate any assignment to the holder of any funds in the hands of the deposit bank, &c. . When a bank not liable to the holder of a check or draft, &c. BILLS OF EXCEPTIONS. In criminal cases, the statute limits the right to exceptions, taken on the trial, to the main issue. Does not extend to preliminary or collateral questions.... PAGE 186 468 468 530 BILLS OF EXCHANGE AND PROMISSORY NOTES. What averments of endorsement sufficient to show title, &c. ...... Not necessary to aver that a bill of exchange was accepted in writing. 216 216 A promissory note and a guarranty upon impose distinct and different obligations, &c.... 218 .... A joint action cannot be maintained against the maker and guarran- 218 .... COMPLAINT MPLAINT-in action of trover by an administrator-necessary aver- In a suit against a corporation, it is not necessary to set out in the In an action on a promissory note, by a receiver, it is necessary to A complaint alleging a liability, partly jointly and partly several, is defective, and may be taken advantage of in any stage of the suit..... .... 163 197 ... 201 What allegation in, may be amended at the circuit... What averments in a complaint not cause of general demurrer, &c.. 216 Index. COMPLAINT. Not necessary to aver that a bill of exchange was accept .... ed in writing, &c. What averments necessary to constitute a cause of action for false and fraudulent representations, &c. . . . . . PAGE 216 .... 242, 254 A narrative mode of stating all the facts, constituting plaintiff's cause of action, is often necessary 273 A statement of one cause of action in different forms, not now allowed..... 281 Insufficient verification of.... 374 Requisites, in the construction of a complaint, where allegations con tain several distinct causes of action, &c. Insufficient averments to charge the cestui que trust, &c. CONSIDERATION. When contract will not be rescinded on the ground of want of consideration, &c..... CONSTITUTIONAL LAW. The act entitled "An Act for the Prevention of Intemperance, Pauperism and Crime," passed April 9, 1855, in its principal provisions, declared unconstitutional and void The same act, in some of its principal provisions, declared constitutional and valid... 403 415 442 526 289 .530, 554 CONTRACT. When the time of performance, considered essential to its validity, &c. ......279, 526 When a contract deliberately made will not be rescinded, for want of consideration, &c. 526 Effect of a contract partially executed-as to want of consideration, &c....... 526 CORPORATIONS. In a suit against, not necessary to set out in the complaint, or refer to the act of incorporation, or mention any of its officers Supplementary proceedings, under the Code, not authorized against insolvent corporations..... In what cases the superior court of the city of New-York have jurisdiction in actions against corporations.... 44 Residence of a corporation is in the county where its general business is transacted, &c... 149 Banks, under the general banking law, when suing, should recite the title of their act of incorporation, &c... 186 The remedy to obtain a sequestration of the property of a corpora- 190 |