INDEX ГО ТНЕ Action-on indemnity or guaranty. Form of....... Affidavit-on information must state sources of information. Agent-Authority of, to warrant goods sold........ Amendment of complaint must be followed by amendment of summons.. PAGE Answer-containing general denial and special allegations is redundant.. in action for escape should not set up insolvency of debtor...... Appeal does not lie from order denying bail leave to surrender their principal... 81 may be taken from order refusing to exercise discretion, on the ground of Arrest of one detaining possession of land, when not allowed... in action for moneys collected in fiduciary capacity may be had, though Assessment Proceedings to vacate, for fraud and legal irregularity...118, 121, 124, 127 when may be recovered back...... 28, 31 Assignment for benefit of creditors must be acknowledged.... of chattel mortgage need not be filed....... for benefit of creditors, how avoided.. Assistance-Writ of, when granted to a purchaser at a judicial sale.. When, enables creditor to attack fraudulent conveyance.. Fees and costs upon.... Priority of liens of several.. Attorney's lien-for costs. Extent of B. Bail-when may apply to surrender principal..... when exonerated....... Board of Education-when not required to be a party, under the statute. 139 Burden of proof-on drawer of drafts, to prove that he had funds in bank to meet C. Cause of action-More than one, stated in complaint. for conversion, not changed to contract, by waiving tort Charge-in an action for converting tenant's erections not cancelled by the mortgagor's giving a bill of sale. 268 276 300 47 107 88 893 97 97 143 147 Chattels assigned after conversion, cannot be recovered.. in an action against brokers for selling stock, must show what... in creditor's action, may charge several fraudulent conveyances, &c., as one may be amended, of course, though it has already been amended pursuant on a written instrument for payment of money must show a consideration. 487 347. 884 Composition-deed--how avoided by fraud of creditor.. Comptroller of New York city. Powers of, in relation to county charges.... 192, 204 Application of, to open judgment.... Confession of judgment-sufficiency of statement.. cannot be made to trustee for creditor..... Confidential communications-to attorney. What are.. Consideration-promise to pay one note no consideration for promise to give Contempt-Corporation guilty of, when. how far a judge's adjudication on it is final.... by witness for refusing to produce papers on the trial. bill must set forth the items...... PAGE Costs-term-fees...... witness-fees recoverable by a party testifying in his own behalf.. Judgment for, in former action, is conclusive on motion to stay second ac- tion.... may be recovered on a reference, under the statute, of a claim against a de- Attorney's lien for, extent of, and in what cases protected.. on attachment. What are taxable..... of motion to vacate irregular judgment... -Court may allow, on reference as to surplus moneys.. Counter-claim-What is...... what is a demand arising on contract... County charges-What are..... County Judge-Power of, to vacate order... 192, 204 Court at special term, how far bound by decisions of general term.. of Special Sessions-have no power to convict for larceny from the person.. 479 D. Damages-sustained by reason of injunotion..... Death of defendant in execution. Effect of... Debtor and creditor-mode of applying surplus moneys in foreclosure..... of usury not estopped by representations of drawer to indorser.. Demurrer-Form of... 189 179 458 83 245 281 437 420 Deposition-may be taken on commission on a day after the time fixed..... Dismissal of complaint-no bar to a new action... 857 462 E. Ejectment-the provisions of the Revised Statutes not repealed.... Evidence-contradicting a party's own witness... of judicial records of sister State...... contradicting books of account, when allowable.. in action on innkeeper's liability.. examination of witnesses... Examination of parties-who are "representatives" of deceased party.. cannot be had until after issue joined........... against foreign executor. under section 399 of Code... 427 819 448 137 139 217 227 420 1 215 822 420 164 465 97 465 Exceptions-how prepared on appeal.. to referee's report necessary.... Execution-Purchaser at, acquires no title as against an assignee... may be returned before sixty days....... Executors and administrators—may recover costs, on a reference under the statute 77 F. Fixtures What erections for purposes of trade are movable.. Foreclosure-by advertisement. Effect of.... 893 294 -judgment for deficiency not authorized unless demanded in complaint..... 831 Fraud-A question of, submitted to the jury generally, without instructions, is error.. 143 what avoids composition-deed.. 884 what disposal of property is ground for arrest... Fraudulent conveyance-when may be impeached by attaching creditor or officer 355 890, 897 G. Grand-jury-Oath of secrecy of, when not violated.. H. 150 Habeas corpus-to inquire into detention of child at Juvenile Asylum.. may be granted by State judges to discharge a minor enlisted in the United commitment need not show that the party was privileged.. Husband and wife-how far competent as witnesses... Irregularities-in assessment not ground for allowing payment to be recovered Insolvent's discharge not avoided by creditor's omission to state release of security.. 472 414 804 23 J. Joinder of parties-in an action to settle liabilities of stockholders... Judgment-obtained on service by publication, how far conclusive.... 268 848 8 for costs in former action, conclusive on motion to stay second action..... 28 232 for relief not asked for, void or voidable... 881 in action for specific performance, where the premises are sold under fore- on security which has been paid, not to be collected from surplus moneys.. 458 Judicial sale to proceed, notwithstanding death of plaintiff... Purchaser at, entitled to writ of assistance, when.. Jurisdiction-not to be questioned in a collateral proceeding. Justice-disqualified by having been counsel.. Justice's court-Judgment in, cannot be given without proof.... 52 jury may be charged, and erroneous charge is ground for reversing judg- ment...... 44 Justice's judgment-docketed in county clerk's office, how considered.. 243 |