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288

43

An order of the county court dismissing
an appeal from a judgment of a justice
of the peace in summary proceedings,
is appealable. How such an appeal
may be brought......
Judgments of the county court brought
up by appeal on exceptions that are
made a part of the record, may be
reviewed in the supreme court with-
out first having been passed upon by
the county court. But a motion for
a new trial as against evidence, must
first be made in the county court.
A judgment cannot be set aside to allow
a party to appeal, where the time to
appeal has expired...

68

From a justice's judgment-sufficiency
of notice of appeal-costs, &c... 170
In summary proceedings, may be
amended under section 327. of the
Code
201

......

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ASSIGNMENT FOR THE BENEFIT
OF CREDITORS.

Where one co-partner absconds and
ceases to be a member of the firm, the
remaining members are authorized to
execute an assignment.......... 8
When several assignments or bills of
sale of personal property, made by a
copartnership to a creditor as security,
do not constitute one transaction so as
to make them assignments for the
benefit of the creditors generally. 368

ATTACHMENT.

Under the Code, cannot be issued in an
action of tort, independent of con-

tract

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BONDHOLDers.

Of a railroad company, when bound to
surrender their bonds to trustees,
under an agreement to organize a
new company, or lose the benefit of
the bonds issued by the new company.

423

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CONSTITUTIONAL LAW.

11

224

CONVERSION.

When personal property is loaned, to be returned at a certain time, or the value thereof to be paid, the contract is a bailment and not a conditional sale, and a part payment of the price subsequently does not change the contract, and on a demand thereof and refusal to return, an action for conversion will lie....... 432

COUNTER-CLAIM.

In the answer not replied or demurred to, does not entitle the defendant to judgment for the full amount, unless the plaintiff fails to establish his clause of action.... 439

D. DAMAGES.

The fifth section of the act of congress Stipulated and fixed in a covenant to

of March 3, 1863, in reference to a removal of a cause from a state court after verdict, &c., is a violation of the 7th amendment of constitution U. S., and is null and void..

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keep secret the principles of a particular invention, prevents an injunction restraining the disclosure of such secret...

DEMURRER.

.. 382

Where the facts stated in the complaint entitle the plaintiff to relief in equity, a demurrer will not lie, because he has not asked for it in the form in which he is entitled to it........ 181

To complaint, and issue upon, will be disposed of according to the law at the time of the trial of the issue, where it does not appear upon the face of the complaint when the action was commenced.... 335

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Defendant in an action of tort, who appears by attorney and puts in an answer, and a trial and verdict is hada guardian ad litem cannot then be allowed for him nunc pro tunc ... 278

INSOLVENT DEBTORS. Where an insolvent firm disposes of its property, even to keep it from their creditors, the assignee or purchaser will not be deemed in equity the trustee of such creditors..... ....... 397

INSOLVENT DISCHARGE.

A bar to an action by a citizen of another state, on a contract to be performed here....

296

INSURANCE.

When policy void by reason of a chattel mortgage given on the property without notice to the company-when the insured has no interest in the property at the time of the loss, the policy is void.......

71

When statement in a policy is a warranty in presenti, but not a continuing warranty as to the future use of the build384 ing insured

J.

JOINT DEBTORS.

When process served on one and judgment against both, a second action may be brought against the other, and process served on him only ................................. 218

JUDGMENT.

.....

When plaintiff obtains a more favorable judgment than defendant's offer, in an action on a money bond for the penalty, and the offer being to allow judgment for the condition..... 4 The entry of judgment by the clerk before the costs are inserted, is not irregular................... ....... 326 A party moving on account of an irregularity in entering judgment, must do so within a year......

JURISDICTION.

...

326

Will not be conferred on marine court by an unauthorized appearance of an attorney of the supreme court..... 292 When a judge does not lose jurisdiction in supplementary proceedings by the appointment of a receiver....... 360 Of general term supreme court is equal with special term in confirming the reports of commissioners for opening streets........ 180

Of a justice of the peace in a cause is lost, where he fails to render his decision within the time prescribed by statute............ 259

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PARTY.

Index.

Where he attends the trial of his cause solely as a witness, and is examined as such, he is entitled to witness fees, 481

An order for the examination of the ad

The judge by appointing a receiver before such proceedings are concluded, does not lose jurisdiction of the proceedings or of the person of the judgment debtor..... 360

SUMMONS.

verse party, under § 391, may be al- When the notice in, is under subdivision

lowed before trial

PAYMENT.

483

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2, section 129, the complaint may set forth any cause of action. Otherwise, when the notice is under subdivision 1 of that section.... 385

STREETS.

The substitution of a new and different kind of pavement from that existing on a public street, is not a repair of the street, and an assessment may be laid for the expense thereof..... 429 The act of 1855 does not apply to matters preliminary to the commencement of proceedings in assessments....... 429

T.

TAXES AND ASSESSMENTS. When the courts will entertain jurisdiction in equity, without any statute authority, to set them aside..... 335 Shareholders in national or state banks are not taxable for such shares... 371

TAX COMMISSIONERS.

Comptroller's power of appointment un

der the act of 1859, is exhausted on making the first appointment.... 203

U. USURY.

A bank making it a condition, on discounting a note for a customer, that he shall keep a portion of the proceeds on deposit in the bank until the maturity of the note, violates the statute of usury....... 280

U. S. STAMP.

Not required on a summons issued by a justice of the peace............. 253

V. VERDICT.

Of a jury, when will not be disturbed, although not in accordance with the real truth of the case...... 155

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