Foreclosure, see Mortgages, § 459. For injuries to passenger, see Carriers, § 314. For injuries to servant, see Master and Servant, § 258. For wrongful discharge of servant, see Master and Servant, § 39. Indictment or criminal information or com- Review of discretionary rulings on motions relating to, see Appeal, § 960. Review of rulings on as dependent on presentation in lower court of grounds of review, see Appeal, § 197. I. FORM AND ALLEGATIONS IN GENERAL. Specific character of allegation in summary proceedings to recover demised premises, see Landlord and Tenant, § 303. § 95. The second defense in an answer held courts. Review of decisions and pleading in appellate to sufficiently identify the subject-matter, by reference to the first defense, with that involved in a former proceeding by plaintiff, so as to state the defense of an election of remedies against a demurrer.-Davenport v. Walker (Sup.) 411. § 11. Where a complaint sets forth matters of evidence, it ceases to conform to the requirements of the Code that it shall contain a concise statement of the facts.-Welcke v. Trageser (Sup.) 166. § 11. Statement of an agent should be pleaded as statement of principal.-Moffett v. Jaffe (Sup.) 402. § 11. Absence from complaint of an allegation of an essential fact held not supplied by allegations of matter of evidence.-Moffett v. Jaffe (Sup.) 402. § 11. It was unnecessary to allege that fraudulent representations were made through an agent, it being sufficient to allege that they were made by defendant, so that it was immaterial, whether other allegations sufficiently alleged that she made them through her agent.-Harlow v. Haines (Sup.) 449. III. § 34. Under Code Civ. Proc. § 519, held, that a complaint on motion to dismiss must be construed, as to matters of form, in favor of the pleading. Catterson v. Brooklyn Heights R. Co. (Sup.) 760. PLEA OR ANSWER, CROSS-COM- (A) DEFENSES IN GENERAL. § 80. Where matter pleaded is not pleaded as a partial defense, it must be assumed to be pleaded as a complete defense, and as such tested as to its sufficiency.-New York Central Iron Works Co. v. Brennan (Sup.) 457. § 36. Where a tenant's answer, in an action by a landlord, admitted the lease, he could not insist on proof thereof.-William Knabe & Co. Mfg. Co. v. Dinwiddie (Sup.) 716. 895. Each defense must be complete in itself, though material facts previously stated may be incorporated in a defense by reference.Davenport v. Walker (Sup.) 411. (B) DILATORY PLEAS AND MATTER IN ABATEMENT. 106. A defense to a counterclaim in excess of the demand sued on, because of the pendency of another action for the cause of action set forth in the counterclaim, held insufficient on demurrer.-O'Leary v. Tooker (Sup.) 664. (C) TRAVERSES OR DENIALS AND ADMISSIONS. § 121. A denial of knowledge or information sufficient to form a belief as to a personal transaction is bad in form.-Bloch v. Bloch (Sup.) 339. § 121. An averment that defendant has not knowledge sufficient to form a belief as to the allegations of the complaint, and therefore denies them, held insufficient as a denial that defendant had no knowledge or information sufficient to form a belief as to the matters alleged. § 34. A pleading is no longer construed strict--City of New York v. Halsey (Sup.) 947. ly against the pleader as to matters of form. Davenport v. Walker (Sup.) 411. § 121. An answer held sufficient as a denial of knowledge or information, within the requirements of Code Civ. Proc. § 500.-Hinds, Noble & Eldredge v. Bonner (Sup.) 663. knowledge sufficient to form a belief as to the § 121. An averment that defendant has not allegations of the complaint, and therefore denies the same, held insufficient as a denial upon information and belief.-City of New York v. Halsey (Sup.) 947. § 121. That the allegations of the complaint concern matters of public record will not necessarily always prevent defendant in every case from putting such allegations in issue by a denial of any knowledge or information thereof sufficient to form a belief, as authorized by Code Civ. Proc. $ 500.-City of New York v. II. DECLARATION, COMPLAINT, PE- Halsey (Sup.) 947. TITION, OR STATEMENT. § 121. Under Code Civ. Proc. § 500, subd. ficient to form a belief as to the allegations of 1, denials in an answer of any information sufFrank A. Wahlig Co. (City Ct.) 578. the complaint held insufficient.-Genninger v. $ 52. Under Code Civ. Proc. § 483, held that, where two causes of action were united in the complaint, plaintiff on motion should be required to state separately and number the facts constituting each cause.-Lyon v. Friedlander (City Ct.) 569. § 127. An answer in an action for possession held to be an admission that defendant at For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER the time of action brought was in possession | there was nothing to justify the court in exof a disputed strip holding in hostility to plain-ercising its discretion in allowing him to serve tiff.-Kraus v. Birnbaum (Sup.) 916. another amended complaint.-Mitchell v. Dunmore Realty Co. (Sup.) 812. XI. MOTIONS. Striking out frivolous answer in summary proceedings to recover demised premises, see Landlord and Tenant, § 305. 8346. A demurrer to the complaint in an ac tion on a note held not frivolous.-Hood v. Hoffmann (Sup.) 892. 350. In action on guaranty, rendition of judgment for defendant on the merits on motion for judgment on the pleadings, without striking out of plaintiff's proofs, held error.-Smith v. Prager (Sup.) 713. § 364. Though the relevancy of certain allegations in a complaint to set aside a deed did not appear, held, that they should not be stricken out, as their relevancy might be developed by evidence.-Welcke v. Trageser (Sup.) 161. § 364. Certain allegations, in a complaint to cancel a deed, as to the control of the property after making the deed, held material and not to be stricken out.-Welcke v. Trageser (Sup.) 161. § 364. Allegations in a complaint which merely set forth evidence may be stricken out on motion. Welcke v. Trageser (Sup.) 161. 8 364. In a complaint to set aside a deed by plaintiffs' mother to a corporation on the ground of fraud and undue influence by plaintiff's brothers, allegations as to the action of a legatee under the mother's will held to be stricken out on motion; the legatee not being a party to the action.-Welcke v. Trageser (Sup.) 161. § 364. In an action to cancel a deed on the ground of fraud and undue influence, allegations of facts in anticipation of the defense of estoppel are not material to plaintiffs' cause of action, and may be stricken out on motion.Welcke v. Trageser (Sup.) 161. $364. Certain allegations of a complaint to set aside a deed on the ground of fraud, duress, and undue influence held irrelevant, and to be stricken out.-Welcke v. Trageser (Sup.) 161. § 364. In an action by stockholders for an accounting by a corporation and individual directors, an allegation as to the total issue of corporate stock and the amount thereof owned by the individual defendants held not to be stricken out as irrelevant.-Welcke v. Trageser (Sup.) 166. § 364. Where material facts are charged in the same sentence with allegations of evidence, and they cannot be separated, the entire allegation should be stricken out, with leave to amend by stating the facts only.-Welcke v. Trageser (Sup.) 166. which may be presented by the answer.-Welcke v. Trageser (Sup.) 161. § 365. A motion to strike out matter from a pleading as irrelevant is not in the nature of a demurrer, and the sufficiency of the pleading is not presented for determination.-Welcke v. Trageser (Sup.) 166. § 367. The remedy for an indefinite denial is by motion to make it more definite and certain.-Hinds, Noble & Eldredge v. Bonner (Sup.) 663. 8367. A motion, in the alternative, to make a pleading more definite and certain or for a bill of particulars, is never regarded favorably by the court.-Jacob Bros. Co. v. Kunitzer (Šup.) 677. § 367. A complaint for money loaned held subject to a motion to make more definite, where alleged agreement to repay is not annexed.Pringle v. Mulholland (City Ct.) 572. XII. ISSUES, PROOF, AND VARIANCE. $ 376. Where, in replevin for goods, the answer admitted the value of the goods to be a certain sum, there was no issue as to their value, so as to require evidence on that question.John Hofman Co. v. Murphy (Sup.) 506. XIII. DEFECTS AND OBJECTIONS, § 411. As Code Civ. Proc. §§ 498, 499, relative to waiver by failure to plead, refers only to defects in the complaint and waiver by defendant, an objection to a counterclaim is not waived by failure to demur or specifically object thereto by answer.-Van v. Madden (Sup.) 1115. PLEDGES. See Pawnbrokers. 844. Ordinarily payment of the indebtedness releases collateral security.-Jackson v. Erkins (Sup.) 385. § 48. Complaint in an action by a pledgor against the pawnbroker held to state a cause of action for conversion.-Buchanan v. Provident Loan Society of New York (Sup.) 653. POLICE. § 364. Certain allegations in the complaint for an accounting by a corporation and its di- Restraining acts of, see Injunction, §§ 22, 154. rectors held irrelevant, and that they should be stricken.-Welcke v. Trageser (Sup.) 166. POLICE POWER. Of municipality, see Municipal Corporations, §§ 603, 621. POLICY. Of insurance, see Insurance. § 365. The question presented by a motion to strike out allegations of the complaint is whether the allegations are relevant to the cause of action attempted to be set forth, and not whether they may be relevant to an issue See Constitutional Law, § 89. POLITICAL RIGHTS. For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER POSSESSION. See Adverse Possession. Of demised premises, see Landlord and Tenant, POWERS. Creation by will, see Wills, § 684. PRACTICE. Procedure of particular courts, see Courts. In particular civil actions or proceedings. Accounting by executor or administrator, see Particular proceedings in actions. Nonsuit, see Trial, 88 159, 164. Particular remedies in or incident to actions. Procedure in criminal prosecutions. Procedure on review. See Appeal; Justices of the Peace, § 189; New Procedure in exercise of special or limited juris- III. RIGHTS AND LIABILITIES AS TO In bankruptcy, see Bankruptcy, § 20. PRELIMINARY EXAMINATION. On criminal charge, see Criminal Law, § 216. PRESCRIPTION. Acquisition of rights, see Adverse Possession, PRELIMINARY INJUNCTION. See Injunction, § 154. PRESENTMENT. Of bill or note, see Bills and Notes, § 422. PRESUMPTIONS. In favor of constitutionality of statute, see Con- Of grant, see Adverse Possession, § 104. PRINCIPAL AND AGENT. Admissions by agent, see Evidence, §§ 243-248. Municipal agents, see Municipal Corporations, PREFERENCES. § 101. A superintendent of trucking held PREMIUMS. I. THE RELATION. (A) CREATION AND EXISTENCE. PREJUDICE. § 123. Principals held unable to defeat lia- Ground for reversal in civil actions, see Appeal, bility for an agent's acts by showing lack of (A) POWERS OF AGENT. § 92. The maxim "qui facit per alium, facit $131. The rule respondeat superior is ap- (C) UNAUTHORIZED AND WRONGFUL ACTS. § 155. A buyer of goods can recover from the See Insurance, § 137. PRIORITIES. Between liens and right of dower, see Dower, § 27. PRIVATE NUISANCES. See Nuisance, §§ 3-37. PRIVATE ROADS. Rights of way, see Easements. PROCEDURE. See cross-references under Practice. PROCESS. See Arrest. Effect of appearance, see Appearance. In actions against particular classes of persons. PRISONS. § 98. If the affidavit for service by publication on nonresidents tends to show compliance with the statute and presents the question of nonresidence for determination, the order made Habeas corpus to obtain release from, see Ha- thereon will not be subject to collateral attack beas Corpus, § 17. after judgment.-Stanton v. Eastman (Sup.) 852. In particular actions or proceedings. 216. I. NATURE, ISSUANCE, REQUISITES, § 36. Under Code Civ. I roc. § 723, held, a days, instead of six days, would be amended in summons by mistake made returnable in two furtherance of justice.-Spruhan v. Brown (City Ct.) 56S. II. SERVICE. (C) PUBLICATION OR OTHER NOTICE. § 96. Affidavits for an order for service of summons by publication, under Code Civ. Proc. § 440, held not sufficient.-Murphy v. Franklin Sav. Bank in City of New York (Sup.) 228. $96. An affidavit that certain defendants resided in Ohio and California, and that it would be impossible to make personal service upon them held sufficient under Code Civ. Proc. § 439, to sustain the order for service and the judgment.-Stanton v. Eastman (Sup.) 852. PROHIBITION. Of traffic in intoxicating liquors, see Intoxicating Liquors. PROMISE OF MARRIAGE. See Breach of Marriage Promise. PRIVILEGE. Effect on limitation, see Limitation of Actions, § 72. Of witness as to testimony, see Witnesses, § 304. See Bills and Notes. PROMISSORY NOTES. PRIVILEGED COMMUNICATIONS. Defamatory communications, see Libel and Disclosure by witness, see Witnesses, § 209. PROBATE. Of particular classes of persons. Camp meeting associations, see Religious Societies, 20. Of will, see Wills, 88 226-431. For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER PROPERTY. Constitutional guaranties of rights of property, |