Pell, Moody ........

Penfield, Grocers' Bank ....
People v. Hallenbeck........ 66
People ex rel. Keiley v. Speir. 466
People ex rel. Troy Union R.

R. Co. v. Assessors of Troy. 86

274

305

Tooker v. Rinaldo...
Townsend, Keller v..
Towshend, Foster v......

.334, noto

432.

29

V.

Peters v. Link..... ..419, note Van Brunt, Van Cott v..

283

INDEX.

A.

ACTION-not remedy for contempt, 29.

ALLOWANCE-computed upon the value of the property instead of
on the amount of damages, 323.

AMENDMENT-as to partics of supplemental complaint, 328.
ANCIENT LIGHTS as between adjoining owners strangers to each
other, 435.

ANSWER-in an action on judgment, 315.

leave to file supplemental answer, refused where the
matter proposed to be pleaded cannot bar the action,
461.

setting up defense in foreclosure, 368.

when verified, how rebutted, 228.

APPEAL from order confirming referce's report, when proper rem-
edy, 173.

new evidence admitted on, confined to record evidence in

in support of judgment, 230, 238.

not stayed for payment of costs, 325.

when objection to pleading not taken at the trial, not
available on, 111.

APPEARANCE-presumption as to authority for attorney's, 315..
APPORTIONMENT-of taxes between devisees of term of years and
the remainder, 427.

ARREST-defendant arrested under non-imprisonment act, to be
discharged on giving special bail, 201.

liability of defendant to, being in doubt, ne exeat not to

be granted, 197.

not granted on mere averment; plaintiff must make out a

prima facie case, 457, 459.

order of, when set aside for irregularities, 372.

ARREST-under non-imprisonment act, 360, 372.

sufficiency of affidavit alleging forgery, &c. of bonds by
a female, to sustain an order of, 193.

under non-imprisonment act allowed in equitable as well
as legal actions, 466.

what such a willful injury to property as to render a
female liable to, 193, note.

ASSESSMENT-for benefit, not to be enhanced by expense of wrong-
ful structure, 86.

ASSIGNMENT-composition with creditors; discharge of assignee
and his suretics; accounting; preferences, 379.

of non-negotiable obligation to one not equitable

owner, 238.

ASSIGNMENT FOR BENEFIT OF CREDITORS—Proximity in time

of, to issuing of execution,

immaterial, 222.

When fraudulent and when not

fraudulent, 222.

When general delay caused by
assignor's act, not fraudulent,

222.

ATTORNEY-named in the record of a foreign judgment, 315.
insufficient affidavit of, on application for examination
of adverse party before trial, 129.

ATTORNEY AND CLIENT-attorney's lien affected by legal rights
of set-off, 279.

conveyance between, in fraud of cred-
itors, 29.

effect of purchasing thing in action, 47
reward claimed as compensation, 1, 53.
when attorney is agent to receive pay-
ment, 22.

B.

BAIL-as to form of, being changed in all actions by Code, 201.
defendant arrested under non-imprisonment act, discharged
on giving special bail, 201.

BAILMENT creditor accepting notes of third parties, as collater
al, bound to same diligence in collecting them,

as bailce for hire, 444.

BANKRUPTCY-composition in, 379.

compromise, and annulling proceedings, $72.
conflict betweeen proceedings in, and proceedings
under State law, 372, 379.

BILLS, NOTES AND CHECKS-accomodation paper, 305.

bona fide holder, 305.

collateral security for an antecedent debt, 305.

consideration for the transfer of

accommodation paper, 305.

diligence in collecting, required of creditor holding, as collateral. 444.

indorsement of, to give credit with

payce, 69.

requisites of complaint on such in-
dorsement, 76, 79.

who is holder for value, 81.
law of place, 300.

BILL OF PARTICULARS-in action for conspiring to withhold

evidence, 419.

in action on contract for exchange of

lands, 419, note.

BOND-to pay judgment on usurious security, not to be impeached

for usury, 47.

BUYING-things in action, to sue thereon, 47.

C.

CALENDAR PRACTICE-amended pleading controls the place on the calendar, 332.

CAUSE OF ACTION-allegations of complaint in action for false imprisonment constituting one, 108.

mere falsehood or deception does not giveinjury must be shown, 222.

CHATTELS, rights of finder, 53.

CODE OF CIVIL PROCEDURE-§ 436, 311.

§ 440, 311.

§ 509, 364, note.

§ 603, 453.

§ 714, 442.

§ 797, 454, 311.

§ 875, 419.

§ 999, 295.

COLLATERAL SECURITY-negligence of creditor in collecting

notes held as, 444.

COMMISSION-and fees of referce to sell in partition cases, 97.