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PAGE

1

W.
Stryker, Thompson a. ....
331

PAGE
Sturta, Bedell a.
.N. 319 Wanner, Kamena a...

193 Superintendents, &c., of Cortland Waterbury a. Sinclair.

20 Co. a. Duell.. 285 Waterman, Dunham a.

357 Webb a. Overman

92
T.

191
Weinar, Salter a.
Wesley a. Bennett

12
Thompson a. Stryker
381 Wetter a. Schlieper

123 Totten a. Monell.

285 Widening of Duane-street Tuttle a. Smith.

329

of Reade-street
Willet, The People on rel. Bur-
roughs a.

37 Union Bank a. Mott.

315 Wilson a. Britton...

a. The Mayor, &c., of New
V.
York......

6
Vanderbilt, Burrall a.
70 Winslow a. Winslow

294 Vanderwerken a. The New York & Wirgman a. Hicks..

17 New Haven Railroad Company. 239 | Wood, Green d...

84

n. 273 ......n. 273

U.

.33, 97

INDEX

TO THE

CASES REPORTED IN VOLUME V I.

A.

PAGE
Acknowledgment of deedhow certified when taken out of the State....... 180
Action for breach of promise, is not action on contract for recovery of money
only.......

15
Affidavit to obtain attachment, requisites of..

97
to obtain order for consolidation of actions must disclose defence,
(note).

328
Amendment, by filing bond of guardian ad litem, may be allowed nunc pro
tunc..

352
of summons.

380
in writ of certiorari.

151
of pleading does not include changing parties.

213
Answer, requisites of, to show usury.

74
to complaint on promissory note..

304
to complaint on promissory note, when frivolous.

226
when not to be deemed sham...

17
Appeal, grounds of, and requisites of notice of..

183
-, requisites of case on..

127
Application of payments ..

99
Arrest, practice on motion to discharge from, note. ...

315, 319
prisoner not to be discharged from, because the mode of his confine-
ment is illegal..

206
Assessment of damages, when cannot be without notice, note..

329, 336
Assignee, complaint by...

205, 241
Assignee of lease, liability of.

79
Assignment, how averred..

241
not to be set aside for delay or ill judgment of assignee, note.. 371
Attachment laws, who is a non-resident within meaning of......

374
Attachment on motion to vacate, must be sustained on the original affidavits 33
requisites of affidavit to obtain....

97
requisites of bond of third party to obtain discharge of..

193
what is sufficient evidence of debtor's intent fraudulently to dis-
pose of his property....

33

B.

PAGE
Bail, deposit in lieu of.

191
practice on motion to reduce...

315
Bond of guardian ad litem-omission to file before judgment does not render
proceedings void..

352
Bond to obtain discharge of attachment, requisites of.
Books and papers, discovery of..

177
Breach of promise, infant not liable for..

142
Bubble Company, liability of officers of.

247
By-law of Board of Police.....

102

193

C.

247

Case on appeal, requisites of...

127
Cause of action for deceit.

247
for seduction.

142
what is sufficient statement of, in action on acceptance.

89
against innkeeper for loss of trunk...

37
Certificate of acknowledgment of deed out of State, requisites of.

180
Certificate of stock in manufacturing corporation, requisites of..
Certiorari may issue to magistrate after term office expired.

228
does not bring up omissions of evidence.

285
writ of, may be amended..

151
City Court of Brooklyn is a court of limited jurisdiction.

188
City Judge, jurisdiction of......

144
Claim and delivery, when cannot be maintained against sheriff by third party 189
" Common gambler," who is..

132
Complaint in action against officers of corporation for deceit

247
in action by trustee of an express trust....

198, 205
injunction may be granted on, if verified.

89
need not set out facts to authorize execution against the person.... 315
on bond to obtain discharge from attachment...

193
on several promissory notes when recovery on all is sought on de-
fault in one...

237
on undertaking.

243
to be deemed irregular in case of variance from the summons.... 329
requisites of in action, to charge separate estate of married woman. 8
requisites of in action, by payee against indorser of note...

20
-, requisites of, to recover rent from assignee of lease..

79
Consolidation of actions, in what cases allowed, note.

.326, 328
what affidavit necessary, note ..

328
Constable, liability of, for money made on execution.

241
Construction of g 129 of the Code...

.329, 343
Costs, double, not recoverable under the Code ....

381
of an application for judgment on the pleadings, how collected 12
on mandamus are in discretion of the court

80
liability of receiver or trustee for.....

.65, 96
Counter-claim, what is.

290
what is allowable in answer of contractor in mechanic's lien case .. 306
County Clerk should not discharge lien without proof that no proceedings have
been taken....

99

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7

County Courts have jurisdiction to foreclose mortgage.
Creditor's action, parties in

PAGE

30
109

D.

Default, what is suficient excuse for......

74
will not be opened to allow answer of usury.

74
Defence---accommodation maker of promissory note

32
Demurrer, does not lie to alternative mandamus.

30
must specify all the grounds of which the demurrant would avail
himself ...

6
specification of grounds

198, 205
Denial, what is a frivolous, in answer to complaint on a promissory note... 304

what is frivolous, of allegations of complaint on promissory note.. 226
Deposit in lieu of bail..

191
Directors of corporations, liability for fraud

247
Discovery of books and papers, requisites of affidavit for.

177
Dismissal of complaintwhen may be moved, for delay of plaintiff.

66

E.

Escape-negligent and voluntary, distinction between..

206
Evidence, in case of conspiracy .

315
what is sufficient of foreign marriage.

294
Ex nation of parties —not authorized on a motion preliminary or collateral
to the issue

19
at trial...

.285, 288
before trial..

278
summons for, note.

284
Execution, against the person, when may be issued.

37
authority under, cannot be delegated by constable..

241
what is not sufficient return of, to found supplementary proceedings 211
when issuable on judgment of ouster...

220

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F.

Fact, “ duly authorized,” is not a statement of......
Failure to answer, when it does not admit amount of damages.
Felony, what is ...
Former judgment not ground of restraining action against a receiver
Fraudulent intent to assign ....
Frivolous answer to complaint on promissory note

198
323
132
293

97
226

G.

Guardian ad litem, necessity of appointment of, for infant defendants .......

352

H.

Habeas corpus, what may be inquired into on ...

37

1.

PAGE

Indefiniteness and uncertainty, to be relieved on motion, must appear on face

of complaint
Indictment for offence created by statute, requisites of.
Infant, jurisdiction of actions where there are infant defendants.
Injunction may be granted on verified complaint ...

may be granted to restrain payment of salaries of adverse claimants
to office until the title to office is determined .
Insolvency, what is proof of, in action against partnership.
Insolvent's discharge, application for

237
132
352
89

296

89
144

J.

1

Judgment in partition may be amended......

59
of court of another State, how far conclusive here.

165
of ouster executes itself..

220
when may be rendered in the first instance at general term after
trial below..

..... 129
Judgment-roll, requisites of, on judgment on failure to answer, in action on
instrument for the payment of money only.....

1
requisites of, to authorize execution against person

37
Jurisdiction of Supreme Court in action relative to lands without the State.. 165
Jurisdictional facts must be proved, when ....

188

K.

Knowledge or information may be denied

304

L.

Libel, in action for, defendant may omit verification from answer
Limitations, what is sufficient memorandum.....
Lottery tickets, requisites of indictment for selling

148
144
132

M.

Mandamus--demurrer does not lie to alternative writ of

when granted on application of lowest bidder for a contract.
Marriage in Ireland, what is sufficient evidence of.......
Married woman-requisites of complaint to charge separate estate of.
Mechanic's lien-defences of contractor in proceedings on ..

one for materials furnished for several buildings
Misjoinder of causes of action, what is, in creditor's action ....
Motion--application for judgment on the pleadings not a motion.

parties cannot be required to be examined on.
to be discharged from purchase for irregularities in proceedings..

to consolidate actions brought in different counties, where to be
made...

to set aside complaint for departure from summons.
to set aside complaint proper, where summons is in the wrong form

30
42
293

8
306

99
109
12
19
59

7

1

326
329
15

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