Index-General.

COUNTY JUDGE, no power in certain cases,.

COURT OF APPEALS, all cases in................

..... 367

240, 280, 320

DEMAND, when not necessary, on commission merchant,........

DEMURRER, to strike out as frivolous under § 247,

214

!!

will lie to denial in answer,

159

413

398

interrogatories in a complaint not demurrable,

appeal from order overruling, is from an order,.

DISCOVERY, what is necessary in petition for,...

DISCONTINUANCE, when action for personal property can not be dis

husband competent to prove marriage, &c.,. . . . . .

legatee may be witness for executor,

EXECUTION, a wagon not exempt from,

49

15, 160

220

396

443

18

73

121

241, 315

372

424

Index-General.

HUSBAND & WIFE, wife can sue alone for divorce,..

as to appointment of guardian,..
husband competent witness to prove marriage,.

53

233

396

when defendant threatens to dispose of property, &c.,.
when granted under § 219,

INFANTS, rights on foreclosure,..

...

INQUEST must be taken before jury discharged,

INTEREST upon tax warrants,..

IRREGULARITY, on issuing process to collect costs,

IRRELEVANT & REDUNDANT MATTER, when it will be struck out,

entire complaint can not be stricken out,.

taking issue on immaterial allegations where good,

68, 71

352

485

355, 475

379

383

481

JUDGMENT, when warranted under § 247,................

when defendant entitled in action for personal property,

for costs on issue of law and fact,.

on appeal overruling a demurrer,.
on appeal, where to be entered,
set off of judgments,..
bill of exceptions attached, good,.
must be joint on joint contracts,

but one judgment of affirmance to be entered on appeal,....

JURISDICTION on appeal,

when court have jurisdiction, upon attachment,
proceedings necessary to confer, in claims against estates,.
where no return appears from clerk below,

of order for discovery, &c.,...

21

49

113

127

191

201

226

259

326

.... 462

41

47

77

81

108

Index-General.

judges out of office, may make return to certiorari,

relative to power to regulate costs, in cases in county courts,
have power to hear and decide motion for new trial, &c.,................
where written stipulation to refer, &c.,

relative to regarding fractions of a day,

....

175

... 178

198

278

286

350

367

428

JUSTICES OF THE PEACE, requisites for a warrant,

110
185

to show cause for service of motion less than eight days,
relative to county judges, &c.,
act relative to Recorder of Troy void,

....

MERITS, affidavit of,.

MOTION to strike out demurrer,.

in 8th District, when venue in Erie county,

when made at general term, to dismiss appeal,.

what notice of, sufficient,

6, 296

21

80

82

108

......

when pleading correct in substance but not in form,

221

the grounds should be particularly stated §c.,.

296

decision on, not res adjudicata,

321

a non suit in certain cases will not be set aside on special motion,. 336

to be served less than eight days who may make the order,

Index-General.

NON SUIT, when not set aside on special motion,
NOTICE when given to correct a pleading,

...

336

66

when entitled to notice of taxation on foreclosure,.
not necessary under § 246 where complaint verified,.

263
271

PARTIES, wife must sue by next friend, except for divorce,

where plaintiff after suit brought transfers his interest,
a guardian for infant wife, when necessary,.

53

220

233

who necessary, against debtors and their assignees,
heirs, must be sued jointly for a debt against ancestor,
wife not bound to join her husband, for her separate property,

379

487

396

who may be joined, ..

460

principal may sue on contract made in agents name,

471

PARTITION, actions of,.

279

proceedings in,

491

PAYMENT, under § 393, to sheriff, when will not discharge judgment,. 161

PER CENTAGE, when allowed, &c.,...................

11, 172, 235, 453

PLACE OF TRIAL, distinction between and venue abolished, &c.,.... 481

PLEADING, in actions of slander what is pleadable as a defence,

requisites of an answer in slander,......
what words are actionable in themselves, &c.,
different causes of action in same complaint not allowed,.........
the principles of pleading under the code fully stated,
in actions originally commenced before a justice of the peace,.
requisites of an answer, assuming to answer the whole,.
the remedy when pleading correct in substance, not in form,
another action pending for same cause, how pleaded,.....
what are proper allegations in a complaint in slander,
in partition,.
stating causes of action and defences separately, discussed,...... 298
what constitutes a general denial in an answer,

312

321

329

355

361

361, 372, 401

may set up matter falling short of a defence by way of recoup-

Index-General.

....

......

449

distinction between pleas in abatement and bar not abolished,
§ 160 of the Code not intended as a substitute for demurrer,.. 475
in reference to immaterial allegations,.
verifying by an attorney,..

485

481

PRACTICE, matters of, strictly,.................. 28, 81, 113, 274, 276, 336, 462

PRINCIPAL & AGENT, liability of principal,

....

principal may sue on contract made with agent,

PROCESS, requisites of a justices warrant,
final process against the person,.

....

1

471

110

241

439

18

general appearance, waives irregularity,

PROPERTY, a wagon not exempt from execution, ....

where property delivered to plaintiff, can not arrest defendant,... 338
under R. S. and act of 1842, how affected,

424

RAIL ROADS, evidence in relation to before commissioners,

proceedings on appeal taken from commissioners decisions,
proceedings on appointing commissioners,
actions against, how brought,....

RECORDER, act giving powers of Sup. Court Commissioner, unconsti-
tutional,

REFEREES not authorized to dismiss complaint,

their authority, where not sworn,

... 428

217'

278

489

provisions for reviewing reports in certain cases, repealed,.................... 281
decisions of can not be reviewed or reheard at special term,
should report all material acts as well as conclusions of law,.... 493

REHEARING of report of referees,.

on the ground of surprise, &c.,

281

293

326

41

47

121

SCHOOL DISTRICTS, when and how collector to be paid,.

duties of inhabitants and trustees,....

... 332

437

SCIRE FACIAS, remedy by, superseded by action under Code,....... 372