INDEX TO THE CASES REPORTED IN VOLUME X., NEW SERIES. PAGE Abatement and revival of action as to deceased partner.. 123 428 though originally against partners, may proceed against 123 time of commencing, for commissions on negotiating con- 395 against municipal corporation for torts of officers may be 186 for pilotage, on refusal of services, to be brought by pilot, 143 when lies for injunction to stay proceedings. 223 .note, 223 Affidavit for supplementary proceedings, form of. 1 343 Agent. Liability of one who gives reason to suppose he has given Alimony-court may grant temporary, to wife, pending suit 52 64 Appearance before county judge, required by town bonding acts, 132 Appeal from an order sustaining or overruling demurrer, does 137 to court of appeals from an order denying a motion to set 289 costs of two appeals not allowable, when heard together on 331 328 to court of appeals, usual decree of foreclosure final for.... 399 416 does not lie from default. 1 Appeal-does not lie from judgment on award does not lie from order refusing to strike out part of pleading 37 lies from order vacating ex-parte order of discontinuance.. Arbitration-under statute, not reviewed by appeal from judg- Arrest-allowed for fraud in taking transfer of stock; motion for ΡΑΘΕ Facts extrinsic to cause of action, relied on as a ground of 238 Where facts constituting ground of and cause of action are 238 Where facts constituting ground of, and cause of action, are 238 111 60 229 229 229 ordered, of banker disregarding instructions to remit.. Assessments-Act of 1870, in regard to, not retroactive.. principle on which made, under act of 1858, not subject of for work not performed, an irregularity. .note, 234 under act of 1870, not to be vacated for including an unlaw- 119 338 395 of State funds, not allowable to be issued in action against 381 74 1 -order setting aside, supersedes undertaking given to obtain Attorney-Liability of, for professional misconduct; inconsistent Rules as to admission to the bar. Award-merits of, not reviewed on appeal from judgment thereon 163 147 147 92 338 B. Bankruptcy. Powers of State courts to discharge from imprison- 287 Discharge from imprisonment applied for and obtained since Broker's action for commisions... version by.... Burden of proof-in action against trustees of corporation. Benevolent corporations. Justice's consent and approbation of cer- Board of health-powers of, to make ordinances Broker-form of action against, and measure of damages on con- PAGE 200 205 395 428 39 186 C. Case-not to contain exceptions taken by respondent... 39 52 Charter. Acceptance of, raises no implied contract with indi- viduals... 186 Clerk-of justices' court in Brooklyn must be appointed by com- 297 Collection of drafts by express companies, negligence must be 209 Commissioners of award and assessment. Objections to their 338 Common Council-of Brooklyn includes the mayor. 297 297 Compensation for performance of work before time specified, not 229 for lands injured by railroad company.. 182 Complaint-for wrongful detention of personal property, must 104 on contract, alleging fraud, and summons for relief;-nature 238 200 to sale of infants' lands by general guardian, on order from 97 140 370 Consideration-surrender of promissory note for money loaned, a contract, with individual seals of trustees.. 39 484 Costs of appeal from order may include expense of printing. 109 84 on hearing of exceptions at general term...... 84 of two appeals, when heard together on same set of papers, Counterfeits-distinction between, and forgeries... Counter-claim. In trespass against a mortgagee of chattels, dam- County court-not authorized to grant order for sale of infants' Court-not concluded by justice's consent, &c., in certificate of has no power to render proceedings by or before a referee 289 379 cannot review a demurrer until after final judgment. 137 Cruelty to animals-rules respecting liability for. 374 D. Damages-measure of, for lands taken by railroad company. in action by vendor against purchaser in default. Default-in not appearing after informal notice... 182 484 1 104 Demurrer-appeal from an order overruling, does not lie to court 137 for misjoinder of parties plaintiff. 119 Disbursements--for printing, included with costs of appeal from Discharge of insolvent debtor from imprisonment once denied, from execution; when jurisdiction is acquired Discontinuance-ex-parte, on payment of costs, is not allowed 109 114 450 450 where defendant has obtained any right in the suit. 64 343 to discontinue.. 64 Docket. A new docket of a mechanic's lien will be presumed, if 123 Draft-when given for collection to another, drawer must prove 209 upon savings bank, before deposit of funds, effect of. 425 216 E. Errors of subordinate courts not reviewed in proper exercise of Foidence. In action to recover wife's property, levied for hus- of corporate debt in suit against stockholder or trustee.. rules of, as to forgeries; proving handwriting by experts, motion to strike out, court of appeals will presume granted, to prove waiver by insurance company, of forfeiture. 119 439 385 385 300 879 176 86 |