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Index-General.

COUNTY JUDGE, no power in certain cases,.
COURT OF APPEALS, all cases in,.............

367

240, 280,

320

DEMAND,

when not necessary, on commission merchant,

DEMURRER, to strike out as frivolous under § 247, will lie to denial in answer,

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when pleading correct in form but not in substance,
what is sufficient ground of, in answer,.

when allowed after time expired, . .

what is a general demurrer,

....

......

interrogatories in a complaint not demurrable,

whether § 160 applies to demurrers,

appeal from order overruling, is from an order,..

DISCOVERY, what is necessary in petition for,.................

214

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21

159

221

255

312

361

379

383

.. 413

. 398

DISCONTINUANCE, when action for personal property can not be dis

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Index-General.

HUSBAND & WIFE, wife can sue alone for divorce,.

as to appointment of guardian,..

husband competent witness to prove marriage,.

53

233

396

INJUNCTION, remedy on bond,

when party entitled to it,

....

.....

how issued, sustained &c.,..

a complaint verified, may be used for,

when defendant threatens to dispose of property, &c.,.

when granted under § 219,

INFANTS, rights on foreclosure,.....

rights on contracts,

INQUEST must be taken before jury discharged,

INTEREST upon tax warrants, ..

IRREGULARITY, on issuing process to collect costs,

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IRRELEVANT & REDUNDANT MATTER, when it will be struck

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JUDGMENT, when warranted under § 247,............

when defendant entitled in action for personal property,

for costs on issue of law and fact,.

on appeal overruling a demurrer,.

on appeal, where to be entered,

set off of judgments,...
bill of exceptions attached, good,.
must be joint on joint contracts,.
may be relieved under § 174, &c.,

...

but one judgment of affirmance to be entered on appeal,

JURISDICTION on appeal,

...

when court have jurisdiction, upon attachment,
proceedings necessary to confer, in claims against estates,.
where no return appears from clerk below,

of order for discovery, &c.,......

21

49

113

127

191

201

226

259

326

462

41

47

77

81

108

Index-General.

judges out of office, may make return to certiorari,

175

relative to power to regulate costs, in cases in county courts,..... 178
have power to hear and decide motion for new trial, &c.,.

where written stipulation to refer, &c.,

relative to regarding fractions of a day,

.....

to show cause for service of motion less than eight days,
relative to county judges, &c.,

.....

act relative to Recorder of Troy void,

JUSTICES OF THE PEACE, requisites for a warrant,

pleadings, where title interposed,.

198

.. 278

296

350

367

428

110

185

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a non suit in certain cases will not be set aside on special motion,. 336
to be served less than eight days who may make the order,

350

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Index-General.

NON SUIT, when not set aside on special motion, .
NOTICE when given to correct a pleading, .

when entitled to notice of taxation on foreclosure,.
not necessary under § 246 where complaint verified,

336

66

263

271

PARTIES,

IS, wife must sue by next friend, except for divorce,
where plaintiff after suit brought transfers his interest,
a guardian for infant wife, when necessary,.

53

220

233

who necessary, against debtors and their assignees,.

379

heirs, must be sued jointly for a debt against ancestor,

487

wife not bound to join her husband, for her separate property,.... 396

who may be joined, .

460

principal may sue on contract made in agents name,

471

PARTITION, actions of,

279

proceedings in,

491

PAYMENT, under § 393, to sheriff, when will not discharge judgment,. 161

PER CENTAGE, when allowed, &c.,......

.... 11, 172, 235, 453

PLACE OF TRIAL, distinction between and venue abolished, &c.,.... 481

PLEADING, in actions of slander what is pleadable as a defence,

......

requisites of an answer in slander,..........
what words are actionable in themselves, &c.,
different causes of action in same complaint not allowed,.
the principles of pleading under the code fully stated, .
in actions originally commenced before a justice of the peace,
requisites of an answer, assuming to answer the whole,.
the remedy when pleading correct in substance, not in form,
another action pending for same cause, how pleaded,...
what are proper allegations in a complaint in slander,
in partition,.......

stating causes of action and defences separately, discussed,
what constitutes a general denial in an answer,

what forms a good issue,...

what, not frivolous in an answer,

15

59, 84, 255

99

131

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355

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may set up matter falling short of a defence by way of recoup-

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Index-General,

distinction between pleas in abatement and bar not abolished,
§ 160 of the Code not intended as a substitute for demurrer,.
in reference to immaterial allegations,.
verifying by an attorney,...

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PRACTICE, matters of, strictly,........ 28, 81, 113, 274, 276, 336, 462

PRINCIPAL & AGENT, liability of principal,

....

principal may sue on contract made with agent,

PROCESS, requisites of a justices warrant,

final process against the person,.

general appearance, waives irregularity,

PROPERTY, a wagon not exempt from execution,

....

1

471

110

241

439

.... 18

where property delivered to plaintiff, can not arrest defendant,....... 338
under R. S. and act of 1842, how affected,

424

RAIL ROADS, evidence in relation to before commissioners, -

proceedings on appeal taken from commissioners decisions,
proceedings on appointing commissioners,
actions against, how brought,......

evidence and proceedings generally, before commissioners,

RECEIVERS, may be removed for insolvency,

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RECORDER, act giving powers of Sup. Court Commissioner, unconsti-

tutional,

REFEREES not authorized to dismiss complaint,

their authority, where not sworn,

.... 428

217'

278

489

provisions for reviewing reports in certain cases, repealed,....... 281
decisions of can not be reviewed or reheard at special term,
should report all material acts as well as conclusions of law,.... 493

REHEARING of report of referees,.

on the ground of surprise, &c.,

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291

293

326

41

47

121

SCHOOL DISTRICTS, when and how collector to be paid,.

duties of inhabitants and trustees,.

332

437

SCIRE FACIAS, remedy by, superseded by action under Code,....... 372

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