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546 LAHEY v. KORTRIGHT.....

352
When generality of pleading should not be remedied
by motion to make it more definite and certain, but

by application for a bill of particulars.

546 AGNEW v. BROOKLYN CITY R. R. Co......

25

Pleading; when not required to be made more defi.

nite and certain.

549 BONN v. BLOCH.....

275

Order of arrest; when vacated in action for breach

of promise to marry.

549, 557 JORDAN 0. HARRISON....

445

Order of arrest; affidavit to procure, when insufficient;

motion to vacate, before whom made.

567, 568 Bonn o. Bloch....

275

Arrest; when order of, vacated, in action for breach

of promise to marry, because of defendant's willing-

ness to perform the same.

572 PEOPLE ex rel. CRANE 0. GRANT...

200

Discharge from imprisonment; when refused, al-

though execution against the person not issued

within ten days after return of execution against the

property.

573 et seq. DOUGAN v. COHEN.....

.... 295

Bond for limits; giving new bond in case of failure

of sureties to justify.

585 WILSON v. RYDER...

69
Arrest; effect of judgment in favor of defendant
upon; when deposit in lieu of bail should be re-

turned.
604 subd. 2. PEET v. HATCHER.....

450
635 Injunction; instance of, not upheld; not granted in

aid of attachment.

640 REEVES D. HYDE.....

323

Undertaking on attachment; expert evidence to fix

value of counsel service in vacating attachment.

845–648 SELIGMAN V. FALK......

77
Attachment; what may be levied on under.

648 COFFIN ». NORTH-WESTERN CONSTRUCTION Co...... 9

Attachment; what is sufficient taking of property

into possession of sheriff to constitute a levy.

648 BURNETT V. RYKER....

338
Page

Sections of the
Code of Civil Procedure.

}
Attachment; when covers money growing due under
a contract; power of court to direct payment in pro-

ceedings in aid of execution.

650, 651 SELIGMAN 0. FALK.....

Attachment; certificate as to property; right to ex-

amination.

655 BURNETT v. RYKER.....

338
Attachment; how levied upon moneys growing due

on contract.

656 ZIMMERMAN 0. FISCHER..,

224

Attachment; when property perishable and may

therefore be sold as such.

677 et seq. . GRANT v. CRITTENDEN.

123

Security for costs; when foreign corporation suing

in name of sheriff required to give.

688 MOREWOOD v. CURTIS.....

218

Attachment; undertaking to procure discharge of

property levied on under.

708 In re DAWSON..

142

WILSON 0. DAWSON..

142

Attachment; return to execution where moneys have

come into the hands of sheriff under.

721, 730 Estate of LYMAN SOULE, deceased ......

171

Amendment; rules governing, apply to surrogate's

court.

723 BANK OF NORTH AMERICA V. HORNSEY....

158

Amendment ; when non-joiner of parties defendant

to, cured by.

723, 724
FRIES 0. COAR.....

152
Effect of order extending time to plead after such

time has expired.

738 KANTROWITZ O. KULLA...

74

Offer of judgement; effect of, by one of two or more

joint debtors.

738 HIRSCHSPRING v. BOE......

..... 125

Offer of judgment; who entitled to costs where offer

not accepted.

738, 740 MARKES 0, EPSTEIN....

293

Offer of judgment; service of copy instead of origi.

nal.

781, 783 FRIES O. COAR.....

152

Effect of order extending time to plead after that

time has expired.

783
REYNOLDS «. PALEN....

200
Sections or the
Code of Civil Procedure.

Pago
Papers on motion to open default in answering.

784, 788 FRIES 0. COAR.....

152

Holiday.

Saturday half-holiday not excluded in

computing time. Opening default.

788 REYNOLDS v. PALEN....

200

Half-Saturday holiday; when excluded in comput-

ing time.

788 DORSEY V. PIKE....

147

Time to appeal, how computed in courts not of rec-

ord; when Sunday excluded; provisions applicable to

justice's court.

791 subd. PRESIDENT AND DIRECTORS OF MANHATTAN Co. v.

10, 793
Dunn.....

166

Preferred calendar; when case not put thereon,

although defendant is in custody under order of

arrest.

796, 797 DUVAL v. BUSCH ....

366

Service of papers; how made upon attorney; when

dropping through hole in door, unenclosed in wrapper,

sufficient.

797, subd. 3 CLAFLIN v. Du Bois......

... 234

Service of papers upon attorney; when not properly

made.

803 et seq. DYETT v. SEYMOUR.......

127

Inspection of books, etc.; when ordered

803, 804 McILHANNEY V. MAGIE....

16

Discovery of books, etc.; when not ordered because

possession denied.
810 et seq. Estate of MARGARETTA GROVE......

267
Bond; husband may act as surety for wife on her

bond as administratrix.
820 CLARK V. MOSHER...

215
Interpleader; when ordered on motion, changes ac-

tion at law to one in equity.

870 et seq, Dyert v. SEYMOUR...

127

Examination of party before trial; when directed.

971 CLARK 0. MOSHER ....

... 215

Court may disregard findings of jury in equity action.

977 KERWIN O. VALENTINE..

Stenographer's fee on filing note of issue; when pay-

ment required; return of, to party paying.

977 McGIVERN O. LUMIS.

835

Same subject.

992 TIMONEY v. HOPPOCK.

361

covered evidence.
1013 MARTIN V. GOULD.....

45
Reference; when not ordered in action by attorney

for professional services.
1013 VAN SLYCK 0. INGERSOLL.

48
Same subject.

1015 AYERS 0. VILLAGE OF HAMMONDSPORT.

236

Power of referee appointed on motion.

1021 GRAY v. ROTHSCHILD..

359

SHERMAN 0. ROTHSCHILD..

359

Demurrer; judgment should be entered on determina-

tion of; appeal, from what taken.

1180 AYERS v. VILLAGE OF HAMMONDSPORT....

236

Verdict; motion to set aside, because of use of im-

proper influence on jury; waiver of objection; use of

juror's affidavit.

228 BATES 0. NORRIS....

395

Judgment; when one entered on referee's report not

set aside on motion.

1278 KANTROWITZ v. KULLA....

74
Offer of judgment; when may be made by one of two

or more joint debtors. Construction of statute.
1282, 1290 PRIOR 0. HALL.....

83
Motion to set aside judgment, within what time may

be made. What are irregularities.

1309, 1326 JOHNSTONE V. CONNER....

... 19

1327 Costs; liability on undertaking on appeal; where

judgment affirmed as to one of several respondents;

notice of affirmance, when not necessary before suing

on undertaking

1331, 1352 GUIBERT V. SAUNDERS..

... 220

Appeal, security to stay. When judgment is interlo-

cutory and not final.

1362 et seq. LYON 0. CAHILL...

... 314
Execution; presumption as to authority to issue there-
of unauthorized issue thereof on undertaking on ap-
peal.

Partition; when judgment void because sale ordered

where there is a life tenant; motion to set aside

judgment.

1538, 1577 REED 0. REED....

... 109

Partition; action for, cannot be inaintained by tenant

by he courtesy; judgment in, bars whom; effect of

defect in bonds of guardia n ad litem.

1638 WEILER 0. NEMBACH....

380

Action to determine claim to real property, against

whom maintainable.

1670, 1671 FERRIS v. PLUMMER......

389

Lis pendens; substituted service of summons equiva-

lent to personal service for purpose of supporting in

foreclosure action.

1686 WEILER v. NEMBACH....

380

Action to determine claim to real property; against

whom maintainable.
1720, 1721 SEIFRET v. KRAFT....

321
Replevin; when complaint in action for insufficient.

1776 Platt & WASHBURN REFINING Co. v. HEPWORTH. ... 122

Incorporation; when not put in issue by general de-

nial in answer.

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