INDEX. ABATEMENT AND REVIVAL-Where party improperly 171 134 When evidence not excluded for failure to serve because bill of particulars containing items has been required and served.... 24 See BILL OF PARTICULARS; EVIDENCE. ACCOUNTING-See EXECUTOR AND ADMINISTRATOR. ACTION-Distinction between legal and equitable, abolish ed...... ACTION FOR CHATTEL-See REPLEVIN. 151, 250 ADJOURNED SPECIAL TERM-See MANDAMUS; MOTION. 22 ALIMONY-Not granted in action by wife to annul marriage. 308 ALLOWANCE-See Costs. AMENDMENT-Notice attached to summons stating amount judgment will be taken for in case of default, when and how amended...... 320 When clerical error disregarded.. 347 See PLEADING; SUMMONS. ANIMALS-Instance of case in which viciousness of dog did not sufficiently appear to sustain recovery of damages for being bitten by him.... ANSWER-See PLEADING. APPEAL-Defined... 145 ....... 115 400 [455] When court of appeals has no jurisdiction in action in nature of quo warranto.. Jurisdiction of county court, of appeals from justice's court, 431 Cannot be taken by foreign executor of deceased party un- 68 Within what time appeal to court of appeals, from judg- 49 When objection that notice of appeal was served too late, 49 What service of notice of entry of judgment sufficient to When deposit of check required by judgment to be made 42 42 Stay pending, from order vacating attachment, by whom 321 Order that pleading be made more definite and certain, 193 When referee's findings cannot be disturbed on... 354 Fact that judgment received in evidence has been reversed Appeal from judgment does not suspend its operation as ... Review of evidence on appeal not had unless it appears 354 354 ....160, 162 When new trial properly granted on ground that verdict Court of appeals will not review discretionary order per- 62 What reviewed on appeal from re-taxation of costs.... .... 126 131 What inquired into by court of appeals, on appeal from 354 Supreme court will not review exercise of discretion by 436 When appeal to county court from justice's court cannot 431 When judgment of reversal ordered upon stipulation on appeal from justice's court notwithstanding irregularity in See ATTACHMENT; COSTS. APPEARANCE-When service of notice of motion by defend- 431 .... 265 ARBITRATION-When award presumed to be full execution When operates as bar to action... Right to grant costs..... Application of Code of Civil Procedure to common law... 30 30 30 30 30 30 417 When order of, vacated because only part of action war- 137 Court cannot increase amount of bail in civil actions after 6 Defendant can be arrested in civil actions but once.. 6 - Defendant arrested in civil action and released on bail is 6 constructively under arrest. . . . . . See EXECUTION AGAINST THE PERSON. ASSIGNMENT-When all title to claim of assignor transferred ... 96 176 Objection to use of papers in opposition to motion to 176 Affidavit to procure need not state that there has been no 176 When vacation of order setting aside, presumed to be on - Instance of, properly granted.. Remedy of sheriff holding attachment against persan hav- 222 176 221 When affidavit sufficiently shows indebtedness... ATTORNEY-Courts take judicial notice of signature of . How may subscribe name.... May purchase real preperty with intent to bring suit to When purchase of claim by is not champertous.. See ATTORNEY'S LIEN; EVIDENCE. ATTORNEY AND CLIENT--See ATTORNEY; ATTORNEY'S LIEN; ATTORNEY'S LIEN-Effect of settlement between parties 126 8 424 104 upon. See ATTORNEY. BAIL-See ARREST. BAR-See ARBITRATION; ESTOPPEL; FORMER ADJUDICATION, BILLS, NOTES, ETC.-See EVIDENCE; PLEADING, BILL OF PARTICULARS-Office of.. 182 When ordered, in action for slander of title to personal 182 When appropriate remedy. 193 Must be verified if pleadings are, but not otherwise.. 24 See ACCOUNT. BOND-See EXECUTOR AND ADMINISTRATOR. CASE-See APPEAL. CHAMPERTY-Purchase of real estate by attorney with 8 against..... 424 See ATTORNEY. CITY COURT OF NEW YORK-Effect of copy summons 330 See APPEAL; EXECUTION. COMPLAINT-See PLEADING. CODE OF CIVIL PROCEDURE-Section 1273 not impliedly 187 See STATUTE; NUISANCE. - CONFESSION OF JUDGMENT-See JUDGMENT. CONTEMPT-When failure to obey interlocutory judgment is; 42 Party failing to obey order requiring production of books 393 Where question of fact on motion to punish for contempt 393 224 Punishment for.... 224 ........ CONSOLIDATION OF ACTION-Power of court of common Instance of action which was for. See ARREST.. CORPORATION-Who may maintain action against officers of, Not responsible for acts of promoters or other persons done Neither general manager nor managing agent is officer of.. 259 Power of court to decree dissolution, when organized for 393 215 What must appear before decree of dissolution granted... 215 COSTS-When should be imposed as condition of granting new 69 What papers considered on application for retaxation..... 126 131 Effect of offer of judgment in such case upon right to..... 131 131 Right to, after discontinuance of action in justice's court, in question... 584 When trial fee not allowed on discontinuance.. 389 Trial fee taxable for inquest taken after order directing new When term fees not allowed because case not ready for 292 333 What costs taxable where new trial ordered.. 333 When interest allowed on costs, and taxed in subsequent 333 When party entitled to double... 333 Clerk must allow double, when certificate that party is en- 333 |