Page images
PDF
EPUB
[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[blocks in formation]

INDEX

TO THE

CASES REPORTED IN VOLUME XV.

A.

Abatement of special proceedings-e. g., supplementary proceedings-is not caused
by county judge's office expiring

does not result from death of debtor after attachment

Accounting-by executor, how far conclusive....

Action-Form of, not material under the Code

- Legal and equitable, distinguished....

....

PAGE

307

243

12

[ocr errors][merged small][merged small]

for purely equitable relief cannot be retained in order to give damages...48, 352
to compel accounting as to stockholders' liability does not lie where the
stockholders are only severally liable

for money lost at play, sustained in a justice's court..
Adjournment—Effect of, on proceedings to punish for contempt......

[ocr errors]

of order, in absence of party, does not prevent punishment for contempt..

69

184

814

note, 410

Affidavit-Promise to be satisfied if debtor will make, is valid.....
Affidavit of merits-to support motion to open default, may be supplied on the
hearing..

Agent-not entitled to order of interpleader

Alimony-is to be paid up to the entry of judgment; after judgment against the
wife, new application is necessary..

Amendment of surrogate's decree..

of complaint. Each defendant must have notice of.
amended pleading need not be so designated on its face
plaintiff may amend, of course, by omitting causes of action

[blocks in formation]

....

177

[blocks in formation]

if verified, is not to be struck out as sham, merely upon a verified com-

plaint

286

of clerical errors in case allowed on appeal.
amended complaint not a new action where new summons is not served on

the original defendants

Answer that married woınan had no separate estate, not frivolous

denying on information and belief, not frivolous....

only denying knowledge, &c., as to facts presumptively within pleader's

knowledge, is sham

PAGE

Appeal Judgment may be reversed on, as to a part of entire damages, in case of

clear mistake

Right to, is waived by accepting costs of order

lies on an order made on refusal to comply with condition..

lies on an order dismissing complaint as for want of prosecution.

lies on an order denying motion to open judgment

[merged small][ocr errors][merged small][merged small][merged small][merged small]

307

.note, 248
263

lies on an order dismissing an attachment for contempt, issued as a civil
remedy.......

Judgment not to be reversed on, if no state of proof can avail
affirmance may be taken by default.

judgment not to be reversed for error merely in the reasons given for it... 280
Order reducing bail not to be modified on.....

in supplementary proceedings, is confined to the district where the judg-

order of arrest appealed from, presumed sustainable

Security to be given on, to effect stay

ment-roll is.....

form of judgment of affirmance....

to Court of Appeals. Security on.....

Arrest Order of, discretionary, if defendant is a resident..

Police, when liable to..

Order of, when not vacated

Order of, not to be vacated because of privilege..

When faots authorizing, must be pleaded.

on execution, satisfies the judgment, for the time....

290

475

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

48

66

454

194

Assessment-Collection of, against personal property, not the subject of equitable
relief.......

on premium notes given to mutual insurance companies
Assessment of damages-when not necessary after special verdict..
Assignee-suing, how far liable for costs

Assignment-by judgment-debtor, not affected by supplementary proceedings.... 406
verdict for a tort not assignable

not allowed, as against a non-resident, in case of a volunteer in the army
of the United States......

Right to move to set aside, is not affected by giving undertaking to obtain
return of property...

Attachment-does not authorize creditor to move against fraudulent judgments... 82
may be vacated even after judgment.....
issued against a resident is merely irregular..

342

97

110

189

221

When suit may be maintained to determine priority of..

against one partner is postponed to an execution against both partners 280
gives jurisdiction, which death of debtor does not defeat ......
from what time does it bind real estate.

[blocks in formation]

are too broad

for contempt, not granted where the questions defendant refused to answer

886

against guardian, for disobeying surrogate's decree
Attorney-represents the party for all purposes except contempt..

[blocks in formation]

Bigamy-Requisite proof of the second marriage upon an indictment for.

Bills-Effect of written promise to accept.....

Bond-required by court is to be filed with clerk..

290

163

280

419

« PreviousContinue »