APPEARANCE. Common appearances, i. p. 395. Clerk's entering appearance, i. p. 395. Consequence of omission, i. p. 395. Advantage of, i. p. 397. See "Special Bail." ARBITRATION. The submission, ii. p. 676. What may be submitted, and by whom, i. p. 76. ii. p. 676. Effect of provisions of statute limited, ii. p. 676. Hearing before arbitrators, and award, ii. p. 677, 678. Motion, &c., to vacate or modify award, ii. P. 678. Judgment, execution, &c., ii. p. 680. Error on judgment affirming or order vacating the award, ii. p. 681. See "Special Motions," "Demurrer." ARRAY. Challenges to. See "Challenges." ARREST. All persons in general liable to, i. p. 369. Duty of sheriff to make, i. p. 369. By whom arrest may be made, i. p. 370. When and where, i. p. 370. Not on a Sunday, i. p. 370. When defendant may be retaken on Sunday, i. p. 371. A man cannot be arrested in his own house, i. p. 371. How made, i. p. 371. Not necessary to touch defendant, i. p. 371, 372. When process is bailable, i. p. 373. Rescue; when sheriff is, and is not, excused, i. p. 373. See "Privilege from arrest." ARREST OF JUDGMENT. On what ground judgment arrested, ii. p. 139. After judgment on demurrer, party cannot move for objection, that Nor for matter amendable or cured after verdict, ii. p. 140. Nor defendant for what might have been pleaded in abatement, ii. p. 140. Motion and notice, ii. p. 141. Cost not allowed on, ii. p. 141. ASSAULT AND BATTERY. Limitation of actions of, i. p. 121. ASSESSMENT BY CLERK. In what cases clerks to assess damages, i. p. 629. Notice; evidence; duty and power of clerk, i. p. 630. When county clerk may act, i. p. 631. Mistake in calculation, i. p. 631. ASSETS. See "Scire facias." ASSIGNMENT OF ERRORS. See "Error." ASSUMPSIT. See "Personal actions." ATTACHMENTS FOR CONTEMPTS. Those only which are to enforce civil remedy, here considered, ii. p. 192. How directed, ii. p. 192. In what cases allowed, ii. p. 193, 194. When notice, &c., to be given, ii. p. 194. In general there must be rule to show cause, or attachment to answer, ii.p.195. Of the issuing of the attachment, ii. p. 195, 196. When special application requisite, ii. p. 195. When of course, ii. p. 196. Habeas corpus; when requisite; how granted, &c., ii. p. 196. Penalty of bond to be directed, ii. p. 196, 197. Keeping persons arrested, ii. p. 197. To be discharged on giving bond, &c., ii. p. 197. When on order of court only, ii. p. 197. When penalty to be $100, ii. p. 198. Return of attachment, ii. p. 198. Proceedings on return, ii. p. 198. Interrogatories, evidence, &c., ii. p. 198. When interrogatories must be filed, ii. p. 199. Amending same, ii. p. 199. When accused to be punished, ii. p. 200. Punishment regulated, ii. p. 200. Persons likewise liable to indictment, ii. p. 201. Proceedings on bond taken on arrest, ii. p. 201. Against officer for taking insufficient suretics, ii. p. 202. Power of circuit judges, ii. p. 202. How attachment issued, &c., ii. p. 203. How executed, ii. p. 203. See "Witness." General provisions respecting, ii. p. 203. Misconduct at circuit, ii. p. 203. Sickness of defendants, &c., ii. p. 203, 204. ATTACHMENTS AGAINST VESSELS. What debts are lien by statute, i. p. 72. ii. p. 619. When debt ceases to be a lien, i. p. 73. ii. p. 619. By and to whom application for warrant to be made, i. p. 72. ii. p. 620. What application to specify, ii. p. 620. Issuing warrant, ii. p. 621. Service and return of warrant, ii. p. 621, 622. ATTACHMENTS AGAINST VESSELS. Order of sale, ii. p. 625. Sale and return of order, ii. p. 625. Notice of distribution, ii. p. 626. Reference of contested claims, ii. p. 626, 627. Hearing of claimants, ii. p. 628. And distribution, ii. p. 628, 629. Report of proceedings and filing of papers, ii. p. 629. Correction of errors, ii. p. 630. ATTACHMENTS AGAINST ABSENT AND ABSCONDING DEBTORS. Cases in which attachment lies, i. p. 74. ii. p. 631. Consequences of the proceedings, i. p. 74, 75. ii. p. 631, 632. Application for, and issuing of the warrant, ii. p. 632. To whom application to be made, ii. p. 632. Provision in case of death, &c., of officer, ii. p. 633. Order for notice and issuing warrant, ii. p. Proceedings when a corporation, ii. p. 634. 634. Or partners or non-residents are creditors, ii. p. 634. When creditor's debt limited to consideration paid for it, ii. p. 635. When creditor to reliuquish security, &c., and how, ii. p. 635. Service of the warrant, &c., ii. p. 636. Notice of the attachment and its effect, ii. p. 637, 638. Sale of perishable property, ii. p. 639. Goods seized, claimed by strangers, ii. p. 639. Domestic vessel claimed by strangers, ii. p. 640. Foreign vessel elaimed by strangers, ii. p. 641. to 643. Sale of vessels, ii. p. 643. Posterior attachments, ii. p. 644, 645. Death or insanity of the debtor, ii. p. 645. Different modes of obtaining a discharge of the property, ii. p. 646. Petition of the debtor or others for a trial, ii. p. 646. Petition of absconding debtor, ii. P. 646. Of absent debtor, ii. p. 647. Debtor's bond, ii. p. 647. And notice of taking it, ii. p. 647. Petition to be reported to court, ii. p. 647. And the matter to be decided by court or jury, ii. p. 647. Consequences of decision, ii. p. 648. Petition by other persons, ii. p. 648. Proceedings thereon, ii. p. 649. Effect of petition on proceedings on warrant, ii. p. 649. Security given to pay the attaching creditors, ii. p. 649, 650. Discharge by non-appointment of trustecs, ii. p. 650. When trustees appointed, ii. p. 651. Appointment, &c., where recorded, ii. p. 651. ATTACHMENTS AGAINST ABSENT AND ABSCONDING DEBTORS. Evidence of the record, ii. p. 651. Trustees' oath, ii. p. 652. Two may act &c., ii. p. 652. Return of warrant, ii. p. 652. Report to supreme court, ii. p. 653. Notice of appointment of trustees, ii. p. 653. How published, ii. p. 653. Removal, death, or renunciation of trustees, ii. p. 653, 654. General powers and duties of trustees, ii. p. 654, 655. Remedies given to trustees to recover debtor's property, ii. p. 656. to 658. How referred, and how referees chosen, ii. p. 658. Powers of referees, ii. p. 659. Compensation; report, ii. P. 659. Distribution of proceeds of debtor's property, ii. p. 660. to 663. Trustees subject to the order of court, ii. p. 663. Trustees' account to be rendered and filed, ii. p. 663. Proceedings on certiorari and in error, ii. p. 664. Its effect, consequences, &c., ii. p. 664. When certiorari lies to common pleas, ii. p. 664. And a writ of error to the supreme court, ii. p. 665. To be filed in clerk's office; stays proceedings, ii. p. 665. Bond required in case of error &c., by attaching creditor, ii. p. 665. Its form when petition was presented by debtor, ii. p. 665. Or by one to whom he had assigned, &c., ii. p. 666. How far proceedings stayed, ii. p. 667. Bond in case of error by debtor or his assignee, &c., ii. p. 667. How proceedings stayed, ii. p. 667. Return to certiorari or writ of error, ii. p. 667. ATTACHMENTS AGAINST FOREIGN CORPORATIONS. Service of the attachment, ii. p. 670. Vessels, perishable property, and property claimed by strangers, ii. p. 670. p. 671. Discharge of the attachment, ii. p. 671. Judgment &c. for the plaintiffs, ii. p. 671. Judgment &c. for the defendants, ii. p. 672. ATTACHMENTS AGAINST DEBTORS CONFINED FOR CRIMES. Cases in which attachment lies, &c., i. p. 75, 76. ii. p. 673. Application for appointment of trustees, ii. p. 673. Effect of the appointment, ii. p. 673, 674. Duties of trustees in paying debts, &c., 674, 675. ATTORNIES. Who are attornies, i. p. 175. Admission of, i. p. 175. Must be of good moral character, i. p. 175. Clerkship required, i. p. 176. Deduction allowed for classical studies, i. p. 176. How clerkship must be served, i. p. 177. Oath and enrolment, i. p. 177. Tenure of office, i. p. 178. Who are prohibited from practising, i. p. 179. Duties of, i. p. 179. Liable for want of skill or care, i. p. 179. Punishable for deceit, collusion, &c., i. p. 180. Lending and borrowing name, i. p. 180. Prohibited from buying choses in action, &c., i. p. 180, 181. In case of partners, demand of one sufficient, i. p. 183. If counter demand for costs, it must be exhibited to clerk, &c., i. Court always look to dealings between attorney and client, &c., i. p. 184. Rule to deliver writings, i. p. 184. Attachment thereon, i. p. 185. Privileges of attornies, i. p. 185. From arrest, and to be sued by bill, i. p. 185. Privilege from arrest restricted, i. p. 185. When it ceases, i. p. 186. Confined to suits in their own right, i. p. 186. Bill against attornies, i. p. 187. Nature; filing, &c., i. p. 187. Service of, i. P. 187. Service of papers in other cases, i. p. 188. Attornies may be sued by filing declaration, i. p. 189. In general, costs as between party and party, i. p. 189. May maintain action of debt or assumpsit, i. p. 189. Client may apply to court for rule directing bill to be taxed, i. p. 189,190. Lien on papers, i. p. 190. On money, i. p. 191. Notice to party, i. p. 191. Collusive release, &c., i. p. 191. Where settlement without notice, i. p. 192. Collusion with bail, &c., i. p. 192. |