Case-on appeal must show court and judgment..... Cause of action-for conversion, not made out where the defendant, before action What is, "on contract for the recovery of money only". against stockholders of a corporation for accounting as to their individual for money lost at play at several sittings is not single....... Challenge of jurors in summary proceedings....... ment...... cannot refuse to act because previous fees are unpaid cannot enter judgment on breach of condition in a conditional offer given Codicil-does not revoke will except so far as inconsistent. 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- 122 Recovery for use and occupation, sustained under, for breach of condition - 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, 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 .note, 319 115 888 Constitution-secures to municipal corporations right of trial Proceedings for, are special proceedings... attachment for not answering, refused where questions were too broad .... Punishment of, not precluded by intervening adjournment in absence of 807 ....814, note, 410 party.. 416 made here, to be governed by the law of this State.. 280 840 Conversion-not made out, where the defendant, before action brought, offered to 53 Corporation-Domestic, not required to prove its incorporation when suing, unless 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 Judge cannot adjust.. when allowed for term-fees and witness-fees. Acceptance of, on payment of which order is granted, waives right to ap- PAGE 75 185 185 ...note, 140 proceedings in second action not stayed till costs of foreign suit are paid... 429 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..... Counsel Incompetency of, not ground for opening decree County Court-may reverse in part and affirm in part as to entire damages, though County Judge-Expiration of term of office of, does not abate proceedings.. Creditors-Priority of, under attachments and executions ...... have no priority of right to rents collected from a sub-tenant execution need not be out sixty days....... ......... to enforce lien of attachment, or execution 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- 78 Decision of Supreme Court, at general term, a conclusive precedent in other dis- 82 .... Decree of Surrogate when may be opened, and a re-accounting compelled.... 12, 868 What, in form of indictment, are cured by verdict. Defence-A partial recoupment is a dilatory plea must be common to all the defendants. of judgment controls relief. Demurrer-Grounds for, not specified, are waived..... ............... Deposition-Commission for, not to be issued in supplementary proceedings Dismissal of complaint, for neglect to prosecute... 197 464 of action for equitable relief, if plaintiff is only entitled to damages....note, 857 PAGE District Courts-of New York, have jurisdiction where all parties are non-resident 416 E. 187 266 Election-between several causes of action not to be compelled............ 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. 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, 480 148, 484 for partnership debt has priority over attachment against property of one 280 280 248 ....... 452 When, may issue against executors, &c., without leave of surrogate 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 Fees-of clerk not a condition of requiring further services. Payment of......... 160 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.... 191 814 12 82 G. Guardian ad litem-Appointment of, and the presumption of its regularity..... 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...... 421 147 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.. Injunction-not granted to restrain police officers in their supervision over citizens 201 ment..... if obeyed without being actually served, defendant is entitled to damages when granted against nuisance in city; dissolving on the answer Insurance companies-may be organized in different departments 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.... 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- Jurisdiction-of district courts of New York where all parties are non-residents.. 416 65 434, contra, 148 367 468 259 Jurisdiction-Want of, as to subject-matter, does not preclude giving costs against Justice's Court-Adjournment of, to different place, not available in a collateral 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.... ceiver Lease-Acceptance of renewal of, not satisfaction of other covenants Statute of, may be enlarged by agreement.. 432 888 122 178 178 88 Liquidated damages-and penalty distinguished from contingent covenant to pay 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.... may be made by purchaser at judicial sale, though not a party... 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 Measure of damages---in action for escape. to obtain security for costs, how made 271 to stay proceedings because costs of a previous action are unpaid, may be 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 .......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 |