Lemurrer must specify which cause of action is insufficient...... Duly-Force of, in pleading.. E. PAGE 835 ..78, note, 89 7 Equitable lien-when not enforced to prejudice of intervening claimants.. Error of fact-determined on affidavit on appeal....... Evidence-Acts of one conspirator are, against others.. Requisites of record of inferior court offered as 152 116 257 269 310 Examination of Party-as witness, to be conducted as that of any other witness... 802 Guardian ad litem cannot be appointed for infant over fourteen, without consent 44 H. Habeas corpus-when city judge may not issue... Hermeneutics-Principles of.......... 188 .239, $16 Husband and Wife-Husband's right of succession to personalty not affected by 868 I. Injunction-to stay proceedings in another court, when allowable... 239 Injuries to character-What are.... 3 Inquest-cannot be taken by plaintiff, who has not noticed the cause. 43 192 Interpleader-when order of may be granted... 854 J. Joinder of Actions-for libel, slander, and malicious prosecution.... What, improper.... Joint Debtors-Proceedings against one after judgment against another, is not a .... Judgment-against several defendants in action for a tort.. 8 225 305 for costs on dismissing action for want of jurisdiction ..33, 69 of justice's court for less than $25 may be docketed... 435 by default will not be reversed on appeal because the complaint states no cause of action...... 429 by confession. Requisites of statement for..... 419 for damages may be given in action for specific performance.. 414 of inferior court must show jurisdiction 269 Judicial Sale-Order to vacate on grounds resting in discretion of the court, not Jurisdiction of City Court of Brooklyn. of Surrogate to try disputed claims.. on what grounds to be collaterally questioned. need not affirmatively appear in complaint...... Want of, does not necessarily result from irregularity in appeal.... whether it should be put in issue by answer to allow judgment for costs?..... Jury-Why special, should not be ordered in New York city. Justice's Court-Jurisdiction of..... L. Laches-A ground of refusing leave to amend... Limitations of Action-between pledgor and pledgee M. Mandamus-to compel payment of officer's salary. Misbehavior of Jury-What is..... Mistrial-in taking verdict, subject to the opinion of the court. for new trial.. for new trial, before whom to be made.. 68 ..note, 89 to dissolve injunction, when may be opposed on fresh affidavits Municipal Corporation-Liability of, for salaries.. N. New Trial-when may be granted for misbehavior of jury... when newly-discovered evidence is ground for..... Non-resident-Who is.. Notice of Action pending-does not affect prior purchasers or incumbrancers not Notice-in summons. Form of.... .182, 187, 141 810 .64, 78, note, 89 128 878 of decision of judge is not notice of judgment.. 810 of motion to vacate judgment by confession as void, need not specify irregularity. 419 to the judgment debtor of examination of third party in supplementary 407 0. Officer-de facto, not entitled to compensation..... Order denying motion on ground of laches, is appealable 359 177 P. Parties-executor, when to sue in his capacity as such...... in an action on lease...... the parent is not a proper party to a divorce suit against an infant. PAGE Pleading Alternative al egations in.. in actions for lands..... ......... Pleadings-Construction of... ..... ...... 87 denials which only go to mitigation of damages raise no issue........ Proceedings against one, after judgment against another joint debtor, not a new ....... 845 805 R. Rape-Requisites of complaint in action for ..... S. Security for costs-Non-resident plaintiff who afterwards becomes a resident not 884 7 805 840 Service-who is a managing agent of a corporation upon whom it may be made... 427 123 Set-off-in proceedings against stockholders of insolvent corporations.... Statutes Construction of..... Stipulation-of assignor of judgment not to be vacated for fraud on motion of Supplementary proceedings-cannot reach after-acquired property may be had on justice's judgment for less than $25.. against debtor of the judgment debtor..... Surrogate-cannot award costs not specially authorized by statute. Trial-Place of, when may be changed when verdict subject to opinion of the court is irregular....... U. Undertaking—What is not defence to action on............... V. Verification-by attorney deemed an affidavit............ when may be dispensed with in answer W. Waiver-proceeding to new trial waives objection to order for it.... 25 ABBOTTS'. PRACTICE REPORTS. NEW-YORK. HAVEMEYER a. CUNNINGHAM. Supreme Court, First District; General Term, September, 1858. MISTRIAL.-VERDICT SUBJECT TO THE OPINION OF THE COurt. On the trial of an action upon a written contract, questions arose as to its construction as to the admissibility of evidence-as to whether the acts of the parties did not amount to an abandonment of it—and as to the rule of damages if a recovery were allowed; and a motion to dismiss the complaint was made, and denied. Exceptions were taken upon either side to the rulings of the court upon these points. The court directed a verdict for the plaintiff for the amount claimed, subject to the opinion of the court at general term. Held, a mistrial, and that a new trial must be had. Motion, at general term, for judgment on a verdict taken subject to the opinion of the court. Charles O'Conor, for plaintiffs. Daniel Lord, for defendants. BY THE COURT.*-HOGEBOOM, J.-This was an action to recover damages for not delivering a cargo of sugars, which it was alleged the defendants had agreed to sell and deliver to * Present, DAVIES, P. J., and SUTHERLAND and HOGEBOOM, JJ. VOL VIII-1 |