INDEX TO THE CASES REPORTED IN VOLUME XIII. A. PAGE When, may verify a complaint, and how ........ of pleading supersedes original Abatement-does not occur when sufficient parties survive. does not take place by death of joint-owner. Account-Action for, not barred by previous action.. Affidavit-to obtain habeas corpus from judge of another county.. to obtain attachment must not be on information and belief... Agent may sue in his own name............ Allowances of extra costs discretionary... in actions mentioned in section 308, not discretionary as to amount.. of pleading upon leave given of pleading, leave for not granted without excuse. leave to interpose unconscionable defences Answer-denying plaintiff's title to note sued on 6 28 119 869 418 421 8 76 76 104 106 247 297 11 86 ........ 93 207 268 268 249 to action for rent, setting up defects in building, represented by lessor to be sound, held insufficient... 315 of usury, held sham 354 ..... setting up parol agreement to vary contract in writing, held irrelevant..... 354 after judgment does not entitle defendant to a discharge of an attachment. 180 216 does not lie for order for allowance.. 247 Appeal-does not lie from order allowing amendment..... from order as to new trial may be taken after judgment. Arrest-finding on issues of fraud is conclusive.. may be vacated after giving bail.... in criminal cases, when not authorized by charge.. Assignment-does not affect right to move to set aside attachment ...... to creditors-Validity of, when made at a distance from the property. PAGE 268 887 192 402 187 187 276 405 76 173 405 145 when governed by the law of place.. 76 not to be discharged after judgment 180 Money raised by, not to be ordered to be deposited pending suit.. not disqualified for being surety except on undertaking of bail. Broker-liable for selling against instructions, without demand.. C. 101 101 898 467 in action to test validity of election in a corporation.. in action for negligence causing illness, &c., of plaintiff's son. in action against brokers for selling against instructions. Compromise of debt for less than amount, when not binding. Contempt when offender may be discharged on habeas corpus... 249 800 832 885 350 467 101 145 129 Complete purging of, not necessary condition of leave to move to dissolve 264 Though a party is in, he cannot be refused hearing on matter of right. 820 459 Continuance of action after death of party..... 6 Corporation-if insolvent, cannot suffer creditors to gain preference.. 211 Limitation of time to sue directors for debt of, upon their neglect to file PAGE Costs-on demurrer, how collected.... of new trial. What should be.. Extra allowance of, in actions mentioned in section 808 of the Code... in supplementary proceedings, may be adjudged.... 185 259 297 304 459 Court-as well as judge, may enforce obedience in supplementary proceedings.... 459 lies to enforce lien of attachment and execution.. to restrain corporation.from preferring creditors Criminal law-severing growing crops, when not an offence. 320 442 211 276 142 Damages-in libel cases..... D. Death-of attorney, service of papers thereafter... Decision-Omission to file, is mere irregularity. Default-taken on appeal, after appellant's death, is irregular.. not pleaded cannot be proved Delay-in foreclosing mortgage does not exonerate mortgagor in suing corporation no defence to directors... Demand-before suit against broker not necessary. Demurrer does not lie for redundancy, indefiniteness, or too broad demand of Dismissal of action brought without authority in officer's name. E. 41 399 427 28 268 119 110 225 467 334 442 272 68 434 Evidence-effect of judgment against corporation.... in action by commissioner, for fees for taking testimony. against person, not to be issued after finding against the issue of fraud.... 187 241 cannot be issued for fraud concerning only a part of the cause of action Executors and administrators-Foreign, cannot continue decedent's action.. 28 F. False imprisonment-on criminal charge on information.. 276 33 PAGE Foreclosure-payment of liens and application of proceeds of sale.... cannot be resisted by subsequent grantee on the ground of usury, nor of a ... Delay in, does not exonerate mortgagor... Foreign corporation-not to be required to substitute new surety for costs. 33 61 110 224 425 244 one which only passed on defendant's counter-claim, not conclusive on 393 Fraud-Actual and constructive, distinguished... 405 Fraudulent conveyances—to creditors to secure their demands.. 145 H. Habeas corpus-Affidavit to obtain, on second application.... Highways-fees of referees on appeal.. I. Infant-next of kin, how far liable for debts of decedent..... 8 129, 459 405 216 110 264 not to be allowed where the title is not clear and the defendant responsi- 284 not allowed to restrain sale on execution of the individual interest of one 817 violated by permitting employee to violate it. may be dissolved on the merits, though defendant has violated it. Joinder of actions-against defendant, liable individually and as trustee.. 195 192 216 of magistrate and prosecutor, for false imprisonment... Judgment against corporation is evidence against stockholders.... not to be set aside, on motion of subsequent lienor, if evidence is conflict- 276 1 ing.. 80 Form of, in action against infant next of kin to recover moneys paid to their against several, on service upon a part, not a foundation for creditor's ac- tion.. 320 Entry of, does not prevent appeal from order as to new trial. $87 of other State, how proved.... not void for omission to file decision... Entry of, supersedes further proceedings on attachment 402 427 468 |