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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
defendant from divulging a secret invention, &c. ......
For damages arising incidentally to one by the lawful use of the
property of another, when not recoverable..

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,
may be included in the same action...

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,
though it change the whole cause of action or ground of defence. 168
What power the court have in ordering amendments, where one trial
had, &c......

..... 169

What terms imposed upon plaintiff, where complaint amended after
one trial, &c....

.... 169

When complaint may be amended, by setting forth a judgment ob-
tained in another state, &c..

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-
missible.....

266

Where defendant admits part of plaintiff's claim, arising on an ordi-
nary civil contract, the order to enforce payment, under sub. 5,
244 of the Code, does not apply...................

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
- by a direct denial, or by a denial of all knowledge, &c., may be
stricken out as false, &c......

395

When a verified answer may be stricken out, &c...

395

Insufficient allegations in answer to an action on promissory
note, &c.

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-
tute for the certiorari provided by the Revised Statutes for bring-
ing up the judgments of justices' courts in civil actions for re-
view....
The remedy by appeal given by the act of 1849, and the writ of
certiorari given by the Revised Statutes, (Tit. 10, § 47,) are
concurrent remedies.....

......

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83

83

129

..... 134

Court has discretion to order a stay of proceedings on appeal, from
special to general term, where no undertaking filed, &c.......
to the court of appeals, when general term will settle a case contain-
ing the facts, &c.
The office of a notice of appeal to bring up a judgment of a justice
of the peace for review stated, &c..
On appeal from taxation of costs, what affidavits may be used, &c.. 160
When the appellant (in the court of appeals) waives the objection

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-
ings supplementary to execution, in a cause originating in a jus-
tice's or county court..

203

Under § 349 of the Code, an appeal may be taken before judgment,
as from an order......

251

On moving to dismiss an appeal from a justice's judgment, it is only
requisite to show the proper service of the notice of ten days,
required by the rule......

264

Appeals from the Marine Court to the Common Pleas can only be
taken on decision of the general term, &c.......
Proceedings generally on entering judgment and appeals in the Ma-
rine Court....

400

462

........

Proceedings on entering judgment on decision of a single judge, and
appeals therefrom, &c. .....

.... 465

Why the grounds of appeal from a justice's court judgment should
be stated in the notice...

498

An appeal from an order sustaining or overruling a demurrer, under
§ 349, does not operate per se, a stay of proceedings......... 572

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
formal appearance, &c..

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.

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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
the cause as then presented.............
When defendant entitled to reduction of amount of bail, &c................
Service of a summons, with or without an order of arrest, on an
election day, and all proceedings under it are void. ..... 199
To justify an arrest, it must appear by affidavit that a sufficient cause
of action exists, &c. ....

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,
&c.

46

Letters and correspondence are not among the papers which the
statute authorizes to be taken under process..

46

When sheriff entitled to poundage on attachment...

207

What affidavits may be read to vacate or sustain an attachment-
merits may be reviewed on appeal..

221

What constitutes non-residence, within the meaning of the law re-
lating to attachments, &c.....

507

How an attachment should be served by the sheriff, in order to reach
a debt due from a third person to the defendant..

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
footing with the like agreements between other parties—where
no express agreement, must prove generally what services he has
rendered, and what they are worth, &c..

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-
tor, &c.
When the drawing of sight drafts or checks do not operate any as-
signment of the funds in the bank in favor of the holder, &c. .. 468

218

....

COMPLAINT

MPLAINT-in action of trover by an administrator-necessary aver-
ments and allegations to show a representative capacity-also to
establish a conversion, &c. ....

In a suit against a corporation, it is not necessary to set out in the
complaint, or refer to the act of incorporation, or mention any
of its officers.....
What constitutes a good count for goods sold and delivered-when
common counts may be contained in one count. Each cause of
action must be separately stated, &c. . . . .

In an action on a promissory note, by a receiver, it is necessary to
allege in legal form his appointment as receiver, &c, what alle-
gations are merely descriptio personæ.......

A complaint alleging a liability, partly jointly and partly several, is defective, and may be taken advantage of in any stage of the suit.....

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163

197

... 201

What allegation in, may be amended at the circuit...
Alternative equitable relief may be alleged and obtained as hereto-
fore.....

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.
Sufficient verification of, by the attorney..

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.....

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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-
tion, and the appointment of a receiver, is by summary proceed-
ings in equity under the Revised Statutes

190

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