Dutcher, People ex rel. Brunett v. 151 Jaudon, Markham v.

Ernst v. Hudson River R. R. Co. 82 Kennedy, Ticknor v..

Wheelwright, Gerregani v...... 264 Wood, Trevor v.

White v. Brownell.

Whitney. Whitney

467

355

INDEX

TO THE

CASES REPORTED IN VOLUME III., NEW SERIES.

A.

Accounting. Proper mode of proceeding in an action for...
Acknowledgment of assignment for benefit of creditors must be made
by all the assignors in person.
Action-for breach of lessee's covenant to make repairs, or not to make
alterations, may be brought during the term. ...

...

Page

250

..... 46

lies by an assignee to set aside a prior conveyance of the prop-
erty, procured by fraud, from his assignor...

39

74

When maintainable against married woman, for goods sold to her 188
for equitable relief, cannot be commenced by attachment........ 248
for legal relief, not barred by former nonsuit.

252

commenced against one only of several joint defendants; how re-

vived.

385

lies, by wife against husband, for conversion of proceeds of her
separate estate....

350

does not lie against agents of foreign governments.
Acts of Congress-authorizing removal of cause from State to federal
courts, construed.

469

453

Administrator-removed, pending an action brought by him, does not
become liable for costs

249

cannot revive outlawed demand against the estate, by merely
making a part payment......

345

Adultery. When new trial of issue respecting may be ordered
Affidavit of party, may be compelled.

16

430.

papers

Agent-cannot recover from telegraph company, for erroneous trans-
mission of his principal's message

employed to buy, can not fill order with property of his own ....
of foreign government, not suable in New York courts.
Agreement for shipments of goods, "profit and loss to be settled upon
each shipment,"-Held, to constitute a general partnership......
Allowance-in addition to costs, must be applied for by motion, upon

Amendment. When plaintiff may be allowed to cure omission to file
undertaking..

...

of answer, setting up defense of usury, allowable
Answer. When not a waiver of insufficiency of complaint...

allegation in, not denied by affidavit, on motion, must be taken as
true for the motion

....

May be amended by inserting a new defense, even usury.
Appeal-lies from an order granting an extra allowance..

Page

223

359

42

163

359

51

118

lies from an order denying an application of one dispossessed un-
der a writ of assistance, to be restored to possession ...
from mechanic's lien judgment, stays only such proceedings as are
ordered to be stayed ...

144

from order of county court granting a new trial on judge's min-
utes, an enumerated motion.

186

from judgment, brings up interlocutory orders on questions of costs. 189
When it lies, to court of appeals.....
.....174; 189

lies, to review decision refusing to postpone trial for the absence
of a material witness....

292

Does not lie to court of appeals, from an order allowing plaintiff in
an equitable suit to discontinue without costs

377

from order overruling a demurrer, not a stay

423

from surrogate's court. Successful party may have an allowance. 442
Appearance waives objection that Christian names of plaintiffs are not
stated in papers on which defendant is arrested......
Arrest-will be vacated, when

122

122

when grantable to punish judgment debtor, for violation of in-

junction order..

264

When founded on the cause of action, will not be vacated on affi-
davits denying that a cause of action exists....
Arbitration. No judgment can be entered upon an award, unless sub-
mission is attested by a witness.....

Assignee may sue to set aside a prior conveyance of the assigned
property, for fraud on the assignor....

74

Assignment for benefit of creditors, must be acknowledged by all the
assignors in person.

46

can not be issued against a domestic corporation.
When defendant may move to discharge it....

for benefit of creditors will be set aside, where, just before it was
made, the assignor bought goods largely, representing himself solvent. 131
Right of action for damages for a breach of a covenant against in-
cumbrances, may pass by a conveyance of the land
Assets of insolvent partnership, how applied to debts..
Attachment-lies against a national bank (located in another State) as a
foreign corporation...

419

444

Attending before arbitrators not a waiver of objection to entering
judgment on award.......

147

Attorney-cannot be authorized to acknowledge an assignment for the
benefit of creditors.....

46

retained to conduct an appeal, equally entitled to compensation,
whether there were grounds of appeal or not
Averments-What are necessary, in complaint for money lost at play.. 42
Award-can be enforced by entering judgment, only where submission
is attested by a witness..

cannot be enforced by judgment, unless made pursuant to sub-
mission....