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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
Legislative action-not to be reviewed by certiorari.....

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..
when against comptroller.......

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-

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Motions and orders—on reversal of order denying motion on the ground of want of
power, leave to renew should be given.......

28

motion to compel amendment of pleading must be made within twenty
days.....
Municipal corporation-power to make contracts restricting their rights to exact
license-fees, &c.......

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-
tion of the report.........

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Parties-Misdescription of, in respect to their capacity, allowed to be amended... 16
in creditor's action......

47

Board of Education, when not required to be, under act of 1851, 747; and
1853, 635.....

129

the assignee of one who fraudulently assigned goods cannot recover posses-
sion.....

147

who are necessary in pledgor's action for accounting.

805

Partnership assets-proved by recovery of judgment against partnership..
Pleading-averment of amount of damages is not issuable.....

PAGE

282

52

instrument in foreign language, copy of, sufficient..
counter-claim. Mode of...

128

800

on promissory note.....

judgment must be pleaded in order to enable creditor to impeach convey-
ance as fraudulent...

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...
Proceedings to open streets, &c.—may be discontinued by Central Park commission-
ers under act of 1859..

805

107

Q.

Questions of fact-not finally and conclusively settled by a jury......

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Renewal of motion—to open judgment by default, when not to be entertained 142, 178
"Representatives"—of deceased party. Who are....

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..

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when may defend his levy of an attachment against fraudulent grantee 390, 897
Statute-an affirmative provision must be strictly pursued...

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
of signs and trade-marks...

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
twenty-five dollars.

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

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Waiver of notice of highway proceedings may be revoked..........
Warranty-implied on sales, when......
Witness-may be contradicted, indirectly, by the party calling him.
when not privileged from answering in criminal cases....
How far husband and wife are....

Rights of, with regard to testifying against himself..........

445

451
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150

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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

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