Landlord and tenant-what is evidence of tenancy and rent... Larceny-what is grand larceny, in the city of New York 103 479 Law of place what law governs note made in one State and negotiated in another 55 88 M. Malicious prosecution—what is probable cause..... Mandamus-reference ordered to determine amount due.... 220 70 not allowed against the Street-commissioner of New York city, when.. 183 192 Manufacturing corporation-Liability of trustees of.... 470 Marine Court-of New York cannot open their judgments, when.. 243 Measure of damages-for converting chimney and machinery. 393 on breach of warranty of quality of merchandise... 451 may be enforced for powder and fuses used in excavating.. Mechanic's lien-the person for whom the building is erected is the "owner" with- Motions and orders—on reversal of order denying motion on the ground of want of 28 motion to compel amendment of pleading must be made within twenty 74 364 N. New trial-Motion for, when to be made..... New York city-construction and effect of Records-commission Act..... have power to discontinue proceeding to open streets, &c., before confirma- Parties-Misdescription of, in respect to their capacity, allowed to be amended... 16 47 Board of Education, when not required to be, under act of 1851, 747; and 129 the assignee of one who fraudulently assigned goods cannot recover posses- 147 who are necessary in pledgor's action for accounting. 805 Partnership assets-proved by recovery of judgment against partnership.. PAGE 282 52 instrument in foreign language, copy of, sufficient.. 128 800 on promissory note..... judgment must be pleaded in order to enable creditor to impeach convey- on a written instrument for the payment of money, must show a considera- tion....... 347 890, 397 437 how far to be liberally construed.... 437 Pledgor-Remedies of, against pledgee and assignee of pledgee... 805 107 Q. Questions of fact-not finally and conclusively settled by a jury...... Renewal of motion—to open judgment by default, when not to be entertained 142, 178 S. Security-for costs on appeal to Court of Appeals, to be given by appellant, how.. 112 by non-resident..... in the New York Common Pleas .. Service-by publication, when it may be made...... by publication. Requisites of affidavit to obtain order for. Sheriff-is entitled to commissions on such sum as defendant pays.. not liable for arrest of prisoner, as for escape.. when may defend his levy of an attachment against fraudulent grantee 390, 897 36 Punctuation to be considered in construing.. 88 Statute of Frauds-guaranty of debt....... 813 Stay of proceedings-on appeal, what is requisite in case of injunction against use 69 second order is irregular.. 482 what earnings of the debtor are exempt... Street-commissioner-of New York city. Powers and duties of.. Summons-must conform to the complaint..... Supplementary proceedings-cannot be taken on justice's judgment for less than Surplus moneys-on foreclosure, how distributed.. Surrender-When bail may be allowed to make, after suit brought....... 183 105 60 21 458 81 T. Taxation-of costs in street cases... Trade-mark-Injunction against the use of, when allowed.. Trial-of demand for damages, must be by jury..... 317 887 805 Waiver of notice of highway proceedings may be revoked.......... Rights of, with regard to testifying against himself.......... 445 451 150 246 249 ABBOTTS' PRACTICE REPORTS. NEW YORK. MCCRAY a. MCCRAY. Supreme Court, Sixth District; General Term, 1861. EXAMINATION OF PARTY.- "REPRESENTATIVES OF A DECEASED PERSON." In the provision of section 399 of the Code of Procedure,-allowing parties to be examined as witnesses, except that parties shall not be examined against parties who are representatives of a deceased person, in respect to transactions between such deceased person and the witness,—the words "representatives of a deceased person," mean executors or administrators. A party whose interest in lands in suit is that of a guardian in socage, an heir, or a dowress, is not a representative of the decedent through whom she claims, within the meaning of that section. Motion for new trial. This was an action to recover possession of a farm. On the first trial the offer of the defendant to prove an equitable defence was rejected, and the plaintiff had a verdict, which was afterwards set aside, and a new trial granted, costs to abide the event. (See report of the case, 30 Barb., 633.) On the second trial the plaintiff offered himself as a witness in his own behalf, and was objected to by the defendant, and the judge ruled he was competent for VOL. XII.-1 |