Index. PAGE CONTRACT. An attempt to convert a simple contract claim into a fraud, should be guarded against by the courts.. A marriage contract, when a nullity for fraud.. A vendee, in order to rescind contract for sale in toto, for fraud, An action for breach of contract against a railroad company-their .... 109 Of married women under acts of 1848 and 1849-effect of, &c. In reference to statute of frauds-in contract of partnership, special 509 509 CONVICTION AND SENTENCE. What judgment for sentence neces- Defective sentence may be inquired into on habeas corpus ........ more... 27 ..... Powers of court of special sessions-cannot pronounce sentence un- less in session, &c. .... 336 567 567 ..... When bail will be allowed after indictment in capital offences. 135 ... 186 CORPORATIONS. Banks, established under general banking law, may .341, 498 Where resident corporations entitled to have trial, when sued by non- 403 Proceedings supplementary to execution (§ 292) not applicable to 487 An assignment for benefit of creditors, made by an embarrassed bank- 438 .... 543 Index. refuses to allow stock to be transferred on the books of the COSTS. A trial fee-$15-of an issue of law, allowable on a case at gen- PAGE 543 .... 91 A per centage under the Code allowed in 2d district, where there When general costs allowed on dismissal of appeal, in court of ap- peals remitted, &c. .... 117 Undertaking, when to provide for costs, &c............. 133 When defendants entitled to costs, though plaintiff succeeds against ..... 141 When plaintiff may discontinue without costs. Objections to bill ....... 141 When costs in discretion of the court-and when not allowed to sep- 154 Security for costs-when not allowed to defendant, although plain- tiff a non-resident..... 313 Power of supreme court at general term to make an original order Effect of reversal, on appeal, of judgment for plaintiff in marine or Title to lands not in issue by the pleadings, nor necessarily, but actu- Application for judgment under § 247 is a motion—and motion costs 451 When trial fee ($12) not taxable on a motion for a new trial-only 453 When defendant entitled to costs, in an action on contract, after offer 552 COUNTER-CLAIM-Must be a cause of action on the part of the defend- 67 67 120 A right of set-off when considered a counter-claim, &c.. Index. DEDICATION. EDICATION. What conveyances and acts may be considered a dedi- cation What constitutes a dedication, and proceedings generally in refer- - DEED-Principal not bound to execute, where contract to execute does DEMURRER. New matter in defence, not constituting a counter-claim, may be demurred to...... A decision" sustaining or overruling a demurrer" to the whole or PAGE 76 199 12 67 97 ... 148 Remedy for insufficient replication is by demurrer-not to strike A decision of special term, directing judgment on demurrer to the 162 218 But may be appealed from where leave is given to amend, or where 221 222 Requisites of a demurrer to a complaint, alleging causes of action 361 DISCONTINUANCE. In all actions where the plaintiff discontinues, he must enter an order to that effect with the clerk. Sufficiency When plaintiff may discontinue without costs... ...... EVIDENCE. 85 141 NCE. Ten days' notice of the examination of an assignor as a Rules of pleading and evidence under the Code, in actions of slan- 79 Defendant may be witness generally-where endorser or assignor of 94 Principles upon which the opinions of witnesses will be received as Index. PAGE EVIDENCE. Objections to evidence-when must be taken at trial, or considered waived on appeal, &c. Co-plaintiff or co-defendant may be sworn as witness for plaintiff or defendant in all cases... 330 ...... 385 A witness incompetent to testify as a witness for a party, cannot be readered competent by being made a party to the record....... 395 Assignor may be a witness for assignee in trust for benefit of credit ors... 395 Title to lands not in issue by the pleadings, nor necessarily, but ac- 406 490 What necessary to show demand of payment and notice of non-pay- 515 528 555 567 EXECUTION—The nature of the action ought to be stated in ......... 37 Sufficiency of an execution against executors, to prevent a levy on their individual property ........... When an order from surrogate unnecessary, to authorize the issuing ..... 215 ..... 215 487 of execution, &c. When remedy by execution must be exhausted against debtors' 560 EXECUTORS AND ADMINISTRATORS. When administrators may When unnecessary to procure an order from the surrogate to issue 215 What facts in relation to assets in this state sufficient to authorize Index. PAOK executors and administrators to take out letters of administra- 532 DILRARY. HARVARD FOREIGN OREIGN CORPORATIONS-Liable to an action here, upon a bill of exchange drawn and negotiated in another state, but payable Have a right to bring suits in this state Provisions of Revised Statutes authorizing suits against, not repealed by the Code....... How and when an action may be brought against, under the Code, 1 .... 1 .... 186 Motion to set aside attachment against, may be made first directly ..... ..... FRAUD. An attempt to convert a simple contract claim into a fraud, A consent of a minor female to a marriage contract obtained by 543 543 When a vendee would rescind the contract of sale in toto for fraud, 67 125 175 An arrest and imprisonment of a defendant for fraud in the purchase 225 259 Final imprisonment for alleged fraud, can not be intended or toler- ated without an opportunity to test it before a jury............ 259 |