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Sections of the
Code of Civil Procedure.
546
}
GAS LIGHT COMPANY...
Supplemental answer; when defendant permitted to
serve.
LAHEY V. KORTRIGHT...
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.
AGNEW v. BROOKLYN CITY R. R. Co......
Page
405
352
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 v. HARRISON...
445
Order of arrest; affidavit to procure, when insufficient;
motion to vacate, before whom made.
567, 568
BONN v. BLOCH.....
...
572
Arrest; when order of, vacated, in action for breach
of promise to marry, because of defendant's willing-
ness to perform the same.
PEOPLE ex rel. Crane v. GranT.......
Discharge from imprisonment; when refused, al-
though execution against the person not issued
within ten days after return of execution against the
property.
DOUGAN v. COHEN..
200
573 et seq.
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
640
Injunction; instance of, not upheld; not granted in
aid of attachment.
REEVES v. HYDE....
323
645-648
Undertaking on attachment; expert evidence to fix
value of counsel service in vacating attachment.
SELIGMAN v. FALK......
77
648
Attachment; what may be levied on under.
COFFIN v. NORTH-WESTERN CONSTRUCTION Co......
Attachment; what is sufficient taking of property
into possession of sheriff to constitute a levy.
BURNETT v. RYKER..
9
338
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 v. FALK....
Attachment; certificate as to property; right to ex-
amination.
655
BURNETT v. RYKER....
Attachment; how levied upon moneys growing due
on contract.
656
ZIMMERMAN v. 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.
Attachment; return to execution where moneys have
come into the hands of sheriff under.
721, 730 Estate of LYMAN SOULE, deceased. . . . . .
Amendment; when non-joiner of parties defendant
to, cured by.
723, 724
FRIES v. COAR....
152
Effect of order extending time to plead after such
time has expired.
738
KANTROWITZ v. KULLA....
74
Offer of judgement; effect of, by one of two or more
joint debtors.
HIRSCHSPRING v. Boe...
125
....
Offer of judgment; who entitled to costs where offer
not accepted.
738, 740 MARKES v. EPSTEIN...
293
Offer of judgment; service of copy instead of origi-
nal.
781, 783 FRIES v. COAR.......
Effect of order extending time to plead after that
783
REYNOLDS . PALEN...
Papers on motion to open default in answering.
784, 788 FRIES v. COAR......
788
791 subd.
10, 793
Holiday. Saturday half-holiday not excluded in
computing time. Opening default.
REYNOLDS v. PALEN.
Half-Saturday holiday; when excluded in comput-
ing time.
DORSEY V. PIKE....
147
Time to appeal, how computed in courts not of rec-
ord; when Sunday excluded; provisions applicable to
justice's court.
PRESIDENT AND DIRECTORS OF MANHATTAN Co. v.
DUNN....
Preferred calendar; when case not put thereon,
although defendant is in custody under order of
arrest.
796, 797 DUVAL v. BUSCH ...
166
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, DYETT v. SEYMOUR..
971
Examination of party before trial; when directed.
CLARK v. MOSHER....
Court may disregard findings of jury in equity action.
977
KERWIN V. VALENTINE.
344
Stenographer's fee on filing note of issue; when pay-
ment required; return of, to party paying.
Exception, when unavailing because not sufficiently
specific.
992, 995, OBART v. SIMMONS SOAP COMPANY..........
996, 999
1002
227
Trial; refusal to postpone, when requires reversal of
judgment.
ABRAM V. VAN BRUNT ST, AND ERIE BASIN R. R. Co.. 402
New trial, when not granted on ground of newly-dis-
covered evidence.
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 v. NORRIS....
395
Judgment; when one entered on referee's report not
set aside on motion.
1278
Offer of judgment; when may be made by one of two
or more joint debtors. Construction of statute.
1282, 1290 PRIOR v. 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.
314
1362 et seq. LYON v. CAHILL.....
Execution; presumption as to authority to issue there-
of unauthorized issue thereof on undertaking on ap.
peal.
Execution; return of, where issued after property has
been seized under attachment.
1377, 1378 NICHOLS v. KELSEY......
154
Holiday; service of papers on. When leave to issue
1533
Ejectment; answer in, when need not set up evidence
in support of allegations denying plaintiff's alleged
title; tax sale.
PRIOR v. HALL....
Partition; sale cannot be had in action for, where there is a life tenant.
1535, 1536 WEILER . NEMBACH...
380
1537
Action to determine claim to real property cannot be
maintained against infant. Construction of statute.
PRIOR V. HALL....
Partition; when judgment void because sale ordered
where there is a life tenant; motion to set aside
1538, 1577 REED v. REED....
109
Partition; action for, cannot be maintained by tenant
by he courtesy; judgment in, bars whom; effect of
defect in bonds of guardian ad litem.
1638
WEILER v. NEMBACH.....
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....
Action to determine claim to real property; against
321
1720, 1721 SEIFRET v. KRAFT.....
1776
Replevin; when complaint in action for insufficient.
PLATT & WASHBURN REFINING Co. v. HEPWORTH.... 122
Incorporation; when not put in issue by general de-
nial in answer.