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Case-on appeal must show court and judgment.....

Cause of action-for conversion, not made out where the defendant, before action
brought, offered to return the property

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What is, "on contract for the recovery of money only".

against stockholders of a corporation for accounting as to their individual
liability

for money lost at play at several sittings is not single.......
Certiorari-does not lie under act of 1859, to remove cause from special sessions to
general sessions of the peace in the city of New York.....
Jurisdiction, but not the merits, examined on writ of

Challenge of jurors in summary proceedings.......
Citation in Surrogate's Court, bow served on infant..
Clerk-may enter judgment on non-compliance with a conditional order for judg-

ment......

cannot refuse to act because previous fees are unpaid

cannot enter judgment on breach of condition in a conditional offer given
by defendant

Codicil-does not revoke will except so far as inconsistent.
Complaint to charge stockholders with debts of the corporation, must show that
they were stockholders when the debts were contracted

177

53

63

69

184

59

167

828

12

135

160

......note, 187

100

69

sufficient as to one cause of action, though stating facts relating also to an-
other......

122

Recovery for use and occupation, sustained under, for breach of condition

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- Form of, on bill or note, by giving copy and alleging amount due....

218

- against married woman, to charge her estate need not allege consent of hus-

band...

279

need not state particulars of an offset

285

if the facts stated are sufficient, without reference to the form of the action,
the recovery may be sustained

280

if equitable relief only is demanded, a recovery of damages cannot be sus-

tained

852

when should state grounds for arrest.

808

in action in local court, against domestic corporation, need not aver certain
jurisdictional facts

.note, 319

115

888

Constitution-secures to municipal corporations right of trial
Contempt by interfering with an officer of the court..

Proceedings for, are special proceedings...

attachment for not answering, refused where questions were too broad
order dismissing proceedings, when appealable ....

....

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Punishment of, not precluded by intervening adjournment in absence of

807

....814, note, 410

party..
Contracts-employer in contract to make a thing, not bound, where the material
called for by the contract is not used

416

made here, to be governed by the law of this State..
promise to pay on affidavit being made....

280

840

Conversion-not made out, where the defendant, before action brought, offered to
return the property

53

Corporation-Domestic, not required to prove its incorporation when suing, unless
it is denied

884

Defects in organization of, cured by subsequent statute recognizing its ex-

istence

66

Costs-Several bills of, when not allowed to defendants appearing and answering
separately, but putting in same defence.....

Judge cannot adjust..

when allowed for term-fees and witness-fees.

Acceptance of, on payment of which order is granted, waives right to ap-
peal.......

PAGE

75

185

185

...note, 140

proceedings in second action not stayed till costs of foreign suit are paid... 429
Motion to stay for non-payment of, when to be made....

when chargeable upon real party in interest

chargeable upon trustee suing, unless he necessarily sues in representative

capacity

what is question of title.....

of probate refused, are not charged upon the proponent.

of special proceedings not affected by the Code....

Attorney's lien for.....

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Counsel Incompetency of, not ground for opening decree

County Court-may reverse in part and affirm in part as to entire damages, though
there is but one plaintiff and one defendant......

County Judge-Expiration of term of office of, does not abate proceedings..
Court-when may punish for contempt of the order of a judge.....
Courts of Sessions-Statutes referring to, not applicable to General Sessions of the
Peace of New York city...

Creditors-Priority of, under attachments and executions

......

have no priority of right to rents collected from a sub-tenant
Creditor's suit-does not lie to reach property of a joint- debtor not served..

execution need not be out sixty days.......

.........

to enforce lien of attachment, or execution
Criminal Law-joint and separate offenders, and indictments..
Croton Aqueduct-Corporation of the city, and not the county, are liable for

D.

Damages-on injunction-bond, do not include general counsel-fees....

427

caused by injunction, may be given on dismissing suit for want of juris-
diction .....

78

Decision of Supreme Court, at general term, a conclusive precedent in other dis-
tricts...

82

....

Decree of Surrogate when may be opened, and a re-accounting compelled.... 12, 868
Default-Lack of affidavit of merits, on motion to open, may be supplied
Defects-in substance of an indictment, are not to be presumed to have been sup-
plied by proof.

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What, in form of indictment, are cured by verdict.

Defence-A partial recoupment is

a dilatory plea must be common to all the defendants.
denial and release not inconsistent defences....
Delivery-of bond required by court is to be to the clerk..
Demand-when amounts to evidence of conversion..

of judgment controls relief.

Demurrer-Grounds for, not specified, are waived.....

...............

Deposition-Commission for, not to be issued in supplementary proceedings
Discharge-must be pleaded, though obtained after closing proofs....
Discovery and Inspection-of books and papers, when allowed, and requisites of
petition for

Dismissal of complaint, for neglect to prosecute...

197

464

of action for equitable relief, if plaintiff is only entitled to damages....note, 857

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PAGE

District Courts-of New York, have jurisdiction where all parties are non-resident 416
Divorce Alimony in, payable up to judgment

E.

187

266

Election-between several causes of action not to be compelled............
Equitable actions-Jurisdiction of, no longer affected by the amount in controversy 65
Equitable relief-when allowed against municipal assessments.....
Error-Upon writ of, the court cannot, on reversing a wrong judgment, give new
judgment....

When refusal of judge to direct a verdict is..

Escape-Action for, not abolished by the Code

48

128

.......

251

114

66

251

58

168

Estoppel-to deny incorporation, by having made contract with the company.
Evidence of surrender of leased premises....

of value of chattel from price at which it sold........

of second marriage necessary to make out charge of bigamy..

Examination-of wife in supplementary proceedings against husband........note, 480
Execution-need not be out sixty days before creditor's suit......

148, 484

for partnership debt has priority over attachment against property of one
partner....
What defects in, may be objected to by another creditor

280

280

248

.......

452

When, may issue against executors, &c., without leave of surrogate
against married woman not void for not pursuing words of statute..
Sale on, when may be set aside because the purchaser was misled.........
Property specified by the statute is exempt from, though new and not yet
applied to its use...

Executors-when sued, cannot sever in their defence without leave

259

224

may be sued as such, and also in individual capacity, in the same action... 122
· and administrators-may be substituted where defendant dies after attach-
ment, but before service of summons

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Fees-of clerk not a condition of requiring further services. Payment of......... 160
Filing-with clerk is sufficient delivery of bond required by court..
Foreclosure-When notice of pendency of, should be filed...
joinder of defendant other than the mortgagor....
affidavit of amount due cannot be received by referee
Forgery-of married woman's signature to husband's deed
requisites of indictment for forging certificate..

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Former action pending-not made out as a defence by showing a mere amendment

as to parties

.note, 206

Former action-Costs of, unpaid

429

in the same proceedings, conclusive...

Former adjudication-between different parties not conclusive unless privity is

shown

Fraud-when a ground of opening a surrogate's decree....
Fraudulent judgment—not void as against creditors without judgment

191

814

12

82

G.

Guardian ad litem-Appointment of, and the presumption of its regularity.....
Guardianship-When the mother has...

how affected by marriage of ward

Removal from, and new appointment to..

PAGE

12

823

12

828

H.

Husband and wife-not to be sued together for slander......

421

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147

12

12

91

468

Under, for joint offence, separate offence may be proved

Infant-citation from surrogate's court, how served upon...

bound by executor's accounting

Estate of, may be ordered to be sold without preliminary reference..
Rights of, peculiarly guarded by court

Injunction-not granted to restrain police officers in their supervision over citizens 201
not granted to restrain sale of personal property levied on to pay assess-

ment.....

if obeyed without being actually served, defendant is entitled to damages
on its dissolution...

when granted against nuisance in city; dissolving on the answer
Damages by reason of, do not include general counsel-fees

Insurance companies-may be organized in different departments
Interpleader-in what cases allowed under the Code

Irregularity-must be moved against at the earliest opportunity.

J.

Joinder of actions-against husband and wife...

Judgment-how far binds decedent's estate

48

78

445

427

66

254

110

421

Joint-debtor-not served, is not liable to creditor's suit.

484

227

cannot be rendered on referee's report, except by the judge who tried the

issues

1

may be reversed as to a part of entire damages, in a case of mistake....
in a criminal case, being reversed, the court cannot give a new judgment.. 128
may be entered by clerk upon a conditional order of the court......
cannot be entered by the clerk upon a conditional offer of the defendant...

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against joint-debtors does not sustain creditor's suit against one not served

Judicial sale-title under purchaser defeated by vacating..

may be set aside at the instance of the purchaser if he was misled by mis-
representation

Jurisdiction-of district courts of New York where all parties are non-residents.. 416
in equitable actions, no longer affected by smallness of amount in contro-
versy....

65

434, contra, 148

367

468

259

Jurisdiction-Want of, as to subject-matter, does not preclude giving costs against
plaintiff

Justice's Court-Adjournment of, to different place, not available in a collateral
proceeding

PAGE

78

197

L.

Laches-in not moving to set aside discontinuance in season..

266

4

in not moving to dismiss action for neglect to prosecute....
in not moving promptly to vacate attachment on the ground of irregularity 110
Landlord and tenant-non-payment of tax not ground for dispossessing ....
landlord entitled to priority in sub-tenant's rents, as against lessee's re-

ceiver

Lease-Acceptance of renewal of, not satisfaction of other covenants
Sum reserved by, on condition, is not damages, but rent
Limitation of actions, applied by analogy to a motion
Limitations-commencing supplementary proceedings takes the judgment out of
the statute..

Statute of, may be enlarged by agreement..
Limited partnership-How privileges of, are lost.....

432

888

122

178

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178

88

Liquidated damages-and penalty distinguished from contingent covenant to pay
Lis pendens-time of filing...

M.

....

Mistake when a ground of opening a surrogate's decree..

Mistrial-by obtaining judgment from a judge other than the one who tried the

cause...

by directing verdict where there are controverted questions of fact....
Mock auctioneer-not entitled to injunction against police interference...
Motion to relieve against judgment, on the ground of a prior discharge in insol-
vency, not to be granted.....

may be made by purchaser at judicial sale, though not a party...
to set aside a discontinuance, denied for lapse of time and death of wit-

nesses....

Mandamus-when not allowed against a municipal corporation, or against super-

visors

Marriage-of female ward determines guardianship

Married woman-may charge her estate without consent of husband

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Measure of damages---in action for escape.

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to obtain security for costs, how made

271

to stay proceedings because costs of a previous action are unpaid, may be
made with motion to vacate judgment......

278

.......

to require complaint to state particulars of offset......

.....

285

to strike out pleading on one ground, irregular while a motion for the same

on another ground is pending....

286

to strike out pleading as sham is precluded by having noticed for trial 286
to make pleading more definite by setting forth a lost instrument, denied.. 286
for judgment on frivolous answer......

.......note, 319

to dismiss complaint for neglect to prosecute

4

to vacate judgment as fraudulent, cannot be made by creditor having at-

tachment only

82

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