Index-General. COUNTY JUDGE, no power in certain cases,. 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, when pleading correct in form but not in substance, 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 21 159 221 255 312 361 379 383 .. 413 . 398 DISCONTINUANCE, when action for personal property can not be dis 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, IRRELEVANT & REDUNDANT MATTER, when it will be struck 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,... ... but one judgment of affirmance to be entered on appeal, JURISDICTION on appeal, ... when court have jurisdiction, upon attachment, 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 where written stipulation to refer, &c., relative to regarding fractions of a day, ..... to show cause for service of motion less than eight days, ..... 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 a non suit in certain cases will not be set aside on special motion,. 336 350 Index-General. NON SUIT, when not set aside on special motion, . when entitled to notice of taxation on foreclosure,. 336 66 263 271 PARTIES, IS, wife must sue by next friend, except for divorce, 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,.......... stating causes of action and defences separately, discussed, what forms a good issue,... what, not frivolous in an answer, 15 59, 84, 255 99 131 355 may set up matter falling short of a defence by way of recoup- Index-General, distinction between pleas in abatement and bar not abolished, 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,....... 338 424 RAIL ROADS, evidence in relation to before commissioners, - proceedings on appeal taken from commissioners decisions, evidence and proceedings generally, before commissioners, RECEIVERS, may be removed for insolvency, 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 REHEARING of report of referees,. on the ground of surprise, &c., 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 |