PHYSICAL EXAMINATION.

Of party or other person in action for dam-
ages, see Damages, § 206.

PHYSICIANS AND SURGEONS.
Privileged communications, see Witnesses, §
209.
PICTURES.

Competency as evidence, see Evidence, § 359.
PLACE.

For work, duties and liabilities of master as to
servants, see Master and Servant, §§ 107-124.
Of trial, see Venue.

PLATS.

For injuries from defects or obstructions in
highway, see fighways, § 208.

For injuries from negligence, see Negligence,
113.

For injuries to property by tenant, see Landlord
and Tenant, § 160.

For injuries to servants, see Master and Serv-
ant, 88 258-264.

For libel or slander, see Libel and Slander, §§
81-89.

For loss of or injuries to shipment, see Car-
riers, § 184..

For rent, see Landlord and Tenant, § 230.
To cancel written instrument, see Cancellation
of Instruments, § 37.

To enforce dissolution and accounting of part-
nership, see Partnership, § 327.

To enforce liabilities of officers and agents of
corporation for corporate debts and acts, see
Corporations, § 360.

To enforce mechanic's lien, see
Liens, $277.

Mechanics

PLEA.

In civil actions, see Pleading, §§ 79-144, 409.

PLEADING.

Construction of stipulation for time to reply or
demur, see Stipulations, § 14.
Indictment or criminal information or com-
plaint, see Indictment and Information.
Allegations as to particular facts, acts, or trans-
actions.

Assumption of risk by servant injured, see Mas-
ter and Servant, § 260.

Damages, see Damages, § 158.

Fraud, see Fraud, §§ 43-48.

371.

To foreclose mortgage, see Mortgages, § 445.
To open account stated, see Account Stated,
§ 11.

To recover penalty for having unlawful pos-
session of game birds, see Game, $8.

To recover penalty for sale of impure milk,
see Food, $16.

To recover penalty for violation of food regula-
tions, see Food, § 16.

To recover penalty for violation of quarantine,
see Animals, § 35.

I. FORM AND ALLEGATIONS IN

GENERAL.

ant, see Master and Servant, § 258.
Payment, see Payment, § 60.
Statute of limitations, see Limitation of Ac-
tions, §§ 182, 190.

In actions by or against particular classes of

persons.

See Brokers, § 82; Landlord and Tenant, $$
160, 230; Master and Servant, §§ 258-264;
Municipal Corporations, § 1034.

Officers and agents of corporations in general,
see Corporations, § 360.
Trustees, see Trusts, § 371.

In particular actions or proceedings.
See Mandamus, §§ 154, 159; Work and Labor,
§ 24.

Against receiver in bankruptcy, see Bankruptcy,
§ 115.

Disbarment proceedings, see Attorney and Cli-
ent, § 52.

For accounting, see Account, § 17.

For breach of contract in general, see Con-
tracts, § 332.

For breach of contract of sale, see Sales, $ 377.
For breach of warranty of goods sold, see Sales,
§ 434.

For compensation of broker, see Brokers, § 82.
For fraud, see Fraud, §§ 43-48.

§ 8. A complaint in an action by bondholders
secured by trust mortgage against the trustee
Patterson v. Guardian Trust Co. of New York
(Sup.) 773.

§ 8. An allegation that plaintiff ratified his
purchase of stock held merely a legal conclusion.
Potts v. Lambie (Sup.) 935.

$ 22. In an action for a balance due on a
transfer of corporate stock, that plaintiff had
failed to pay the transfer tax pleaded in de
fense held not irrelevant under Consolidated
Tax Law (Consol. Laws, c. 60) §§ 272, 278.-
Sheridan v. Tucker (Sup.) 800.

$ 23. In an action for a balance due on a
transfer of corporate stock, that plaintiff had
fense held not scandalous under Consolidatel
failed to pay the transfer tax pleaded in de
Tax Law (Consol. Laws, c. 60) §§ 272, 278.-
Sheridan v. Tucker (Sup.) 800.

§ 34. Pleadings, when demurred to, are to
be liberally construed.-Parks v. Knickerbocker
Trust Co. (Sup.) 521.

§ 34. Construing on demurrer an allegation
that moneys were paid to an association on de-
mand of its proper officers and its other mem
bers, it must be held to necessarily imply that
the same were paid to its members, if the asso
ciation, prior to such payment, was dissolved.-
Parks v. Knickerbocker Trust Co. (Sup.) 521.

Proc. § 723, not authorizing it.-Tierney v. Helvetia Swiss Fire Ins. Co. (Sup.) 869.

§ 261. An amendment to an answer should be disallowed as constituting no defense only where the defense is clearly frivolous.-People v. Harrison Street Cold Storage Co. (Sup.) 1002. § 276. The merits will not be considered on an application to serve a supplemental pleading. -Brewster v. F. G. Brewster Co. (Sup.) 1019. $276. Leave to serve a supplemental plead ing containing allegations of fact relevant to and consistent with the case presented by the original pleading should not be denied because it contains other allegations not germane thereto.-Brewster v. F. G. Brewster Co. (Sup.) 1019. § 279. A supplemental complaint in an tion by a stockholder against the corporation and its officers held properly allowed.-Brewster v. F. G. Brewster Co. (Sup.) 1019.

ac

$279. Where the cause of action in the original complaint was only in the right of a stockholder suing the corporation and its officers, a supplemental complaint based on a cause of action vested in the corporation could not be allowed.-Brewster v. F. G. Brewster Co. (Sup.)

1019.

IX. BILL OF PARTICULARS AND COPY OF ACCOUNT.

Bill of particulars as part of judgment roll, see Judgment, § 279.

§ 319. In an action for the balance due for merchandise sold, defendant, pleading affirmative defenses and counterclaims, held required to furnish a bill of particulars.-American Woolen Co. of New York v. Altkrug (Sup.) 394.

§ 321. The discretion of the court in ordering a bill of particulars is limited to requiring plaintiff to furnish only those particulars which are within his power to furnish.-Coslow v. Mawhinney (Sup.) 270.

X. FILING, SERVICE, AND WITHDRAWAL.

§ 339. Defendants, after having pleaded a counterclaim, may abandon it without waiving the right to subsequently sue thereon.-Barber v. Ellingwood (Sup.) 369.

XI. MOTIONS.

§ 367. Where a pleading was doubtful in meaning, the remedy of the adverse party was by motion to have it made certain.-American Woolen Co. of New York v. Altkrug (Sup.) 394. § 367. A complaint counting on three contracts held subject to a motion to make more definite and certain.-Frank Seaman v. Stirn

(Sup.) 406.

§ 367. In an action for fire insurance, held, that under Code Civ. Proc. § 546, the complaint should be amended to make it more definite and certain.-Rothstein V. Phoenix Ins. Co. of Brooklyn (City Ct. N. Y.) 209.

§ 368. A complaint counting on three contracts held subject to a motion to separately number causes of action.-Frank Seaman F. Stirn (Sup.) 406.

§ 369. Allegations in a complaint otherwise stating a good cause for sale by sample held. at most, to give the complaint a double aspect. under which defendant could have moved for an election.-Larrowe Milling Co. v. Lyons Beet Sugar Refining Co. (Sup.) 567.

XII. ISSUES, PROOF, AND VARIANCE. In pleading damages in general, see Damages, § 158.

In particular actions or proceedings. See Work and Labor, § 24.

For injuries to servants, see Master and Servant. § 264.

To enforce mechanic's lien, see Mechanics' Liens, $277.

To recover penalty for violation of food regulations, see Food, § 16.

XIII. DEFECTS AND OBJECTIONS, WAIVER, AND AIDER BY VERDICT OR JUDGMENT.

§ 406. Where a complaint attempts to state two causes of action against defendant, both as individual and as receiver, if it is not attacked for misjoinder of causes, and a cause of action is stated against defendant in either capacity, the complaint is sufficient.-Brooklyn Improvement Co. v. Lewis (Sup.) 111.

§ 409. Plaintiff, by filing a reply and a supplemental reply to an alleged counterclaim, concedes that the pleading is a good counterclaim in form.-Barber v. Ellingwood (Sup.) 369.

§ 411. Under Code Civ. Proc. §§ 514, 515, the

$364. In an action for breach of a contract to employ an injured servant for the rest of his life without deduction of wages, allegations that the injury was due to defendant's negligence, and that limitations had run against his right to sue in tort therefor, held irrelevant.-Kent v. Standard Oil Co. of New York (Sup.) 1047.

§ 364. A motion to strike irrelevant matter from a complaint is not favored, unless possible injury to a moving party is apparent.-Kent v. Standard Oil Co. of New York (Sup.) 1047.

matter as irrelevant and scandalous under Genclude plaintiff from moving to strike special eral Practice Rule 22.-Sheridan v. Tucker (Sup.) 800.

PLEDGES.

See Chattel Mortgages. Counterclaim arising out of same transaction. see Set-Off and Counterclaim, § 29. Rights and liabilities of pledgors and pledgees of corporate stock, see Corporations, § 123. § 25. The pledgee may temporarily return the property to the pledgor for some special pur

pose without losing his right, and the pledge
will remain.-Hickok v. Cowperthwait (Sup.)
78.

§ 25. A pledgee who parts with possession of
the pledge thereby waives his lieu.-Hickok v.
Cowperthwait (Sup.) 78.

§ 36. A pledgee, at common law, sued in
conversion or on contract for the property, could
counterclaim the amount of his lien.-Barber v.
Ellingwood (Sup.) 369.

POLICE POWER.

Accounting, see Account, § 17.
Accounting by receiver, see Receivers, § 191.
Against connecting carriers in respect to goods
shipped, see Carriers, § 184.

Assessment of damages, see Damages, § 206.
Between bailor and bailee, see Bailment, § 31.
Between corporation and members thereof, see
Corporations, § 189.

Between shareholders and officers or agents of
corporation, see Corporations, § 320.

By or against executors or administrators, see
Executors and Administrators, § 451.
By or against foreign corporations, see Corpo-
rations, § 668.

POLICY.

Of insurance, see Insurance.

POLITICAL RIGHTS.

Suffrage, see Elections.

POSSESSION.

See Adverse Possession.

Of debtor's property pending bankruptcy pro-
ceedings, see Bankruptcy, § 115.

Of demised premises, see Landlord and Tenant,
$$ 129. 134.

Of demised premises, recovery by landlord, see
Landlord and Tenant, §§ 298-310.

Of property as affecting rights of trustees in
bankruptcy, see Bankruptcy, § 140.

Of real property, remedies for recovery, see
Ejectment.

POSTING.

Husband and Wife, § 232.

By or against infants, see Infants, §§ 80, 89.
By or against municipal corporations, see Mu-
nicipal Corporations, § 1034.

By or against partners after dissolution, see
Partnership. § 296.

By or against remaindermen, see Remainders,
$ 17.

Condemnation proceedings, see Eminent Do-
main, §§ 202-265.

Disbarment of attorney, see Attorney and Cli-
ent, §§ 49-53.

For breach of contract, see Contracts, §§ 332,
Election contest, see Elections, § 299.

354.

For breach of contract of sale, see Sales, §§
377, 384, 418.

For change of venue, see Venue, § 52.
For compensation of attorney, see Attorney and
Client, § 167.

For compensation of broker, see Brokers, §§ 82-
88.

For divorce, see Divorce, §§ 62-172.

For equitable relief against judgment, see Judg
ment, § 456.

POST OFFICE.

Notice by mail for appointment of guardian ad
litem for infant, see Infants, § SO.

POWER OF ATTORNEY.

ment, $$ 22, 39.

For fraud, see Fraud, §§ 34-48.

For infringement of trade-mark or trade-name,
see Trade-Marks and Trade-Names, § 97.
For injuries at railroad crossings, see Railroads,
$ 350.

For injuries by servants, see Master and Serv
ant, $$ 330, 332.

highways, see Highways, § 208.

For injuries from defects or obstructions in
streets, see Municipal Corporations, §§ 812-
821.

For injuries from negligence in general, see
Negligence, §§ 113-136.

For injuries from negligence or misconduct of
broker, see Brokers, § 38.

For injuries to passengers, see Carriers, §§ 321,
344, 348.

For injuries to persons on or near street rail-

road tracks, see Street Railroads, §§ 114. 117.
For injuries to servants, see Master and Serv-
ant, $ 252-291.

For libel or slander, see Libel and Slander, §§
81-89, 112, 123.

For loss of services of child, see Parent and
Child, § 7.

For malicious prosecution, see Malicious Pros-
ecution, § 71.