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PAGE

PAGE

Ormsbee, Pine v.....

Osgood, Pardo v..

P.

Paddon v. Williams.

Pardo v. Osgood...

Patten, Ruthven v.....
Pennell v. Wilson.

Pennsylvania R. R. Co., Rawson

V......

375

365

S.

Sackett, National Bank v....... 286
Schultz, Coe v......

Schuyler, Supervisors of, People
ex rel. Cagger v.

88 Short v. Knapp...
365 Siebrecht v. Butler..
121 Silleck v. Heydrick.
466 Simonds, Lindsley v.

Slocomb, Midgeley v.

193

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78

241

.(note) 361

57

69

275

220 Southside R, R. Co., Barnes v.... 415
Stephens, People ex rel. Bradley

People (ex rel. Banks) v. Board of
Education..
(ex rel. Wood) v. Connolly 315 Supervisors of Schuyler, People

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INDEX

TO THE

CASES REPORTED IN VOLUME II., NEW SERIES.

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Abatement of nuisance-commmon law right of.......
Actions-against officers, what are, and where to be brought...

by one in whose name another person does business..
to re-instate member of insurance company....

PAGE

193

78

88

167

455

lies against married woman for tort of her servant in her separate
business...
Account-numerous items of damage do not constitute a long account.... 266
Accounting-required from partner, for transactions subsequent to termin-
ation of partnership......

.... 375.

......

Administrator—de bonis non, may maintain action against executor of for-
mer administrator.....

Affidavit-to procure mandamus, when deemed evasive....

- may be used in another suit than that in which it was made.
Alimony-allowed, although evidence of marriage is doubtful.
Amendment-by filing order of publication nunc pro tunc..
Answer-in action for libel......

428

78

47

483

4

97

354

time to, cannot be extended ex parte after it has expired..............
Appeal-an irregular order, if right upon the merits, may be confirmed.. 292
what is decision of, within meaning of order staying proceedings
until decision.....

354,

- when does not lie from an order refusing to attach for contempt... 380
to the Court of Appeals in special proceedings, raises questions of
substantial irregularity.......

1

to the Court of Appeals, from an order denying a motion for a new
trial, made on the ground of newly discovered evidence...................... 104
does not lie to Court of Appeals from order denying new trial of
special issues......
385
Appointment and removal of school officers in the city of New York.... 177
Arbitration-effect of award made under a special statute....

269

Arrest-what precludes the creditor from arrest, by reason of having sued
in affirmance of the contract....

laches in charging the defendant in execution.
Assets-what amounts to administration of......

PAGE

261

245

428

Assignment for benefit of creditors-fraudulent if schedule omits part of
assets........

373

marshalling assets where a creditor holds collateral security...... 275
Attachment-notice served on debtor and the defendant in an attachment. 272
Attachment for contempt for not accounting; property, mode of apply-
ing for......

Attorney and client-of the validity of gifts and conveyances to the attorney
by the client....

Award-not valid if the arbitrators exceed the submission.

380

322

269

B.

Bail, in criminal cases-when allowed....

204

Bank-designation of as depository by Chamberlain of New York....... 93
Bequest-subject to dower and thirds, not a bequest to wife of thirds of

personalty...

Bills, notes and checks-laches in presenting.....

Board of Education-powers of, in appointing school officers.

C.

418

199

177

Case-not amended so as to state that it contains all the evidence given.. 175

not corrected after appeal is pending in the court above.....

118

Certiorari-the proper remedy to correct an assessment......

233

Challenge for principal cause, when does not lie on the ground of opinion

against plaintiff's business....

407

Charge-proper terms of, in action for negligence...

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requisites of, in action by administrator de bonis non, to recover

unadministered assets...

428

Compromise--by guardian of infants, how far binding..

1

Constitutional law-what are local statutes......

343

Contracts-construction of an exception in a condition.

134

excuse for non-performance of condition.....

as to payment of taxes, as between vendor and purchaser...
Conversion-when demand before suit must be proved respecting goods

delivered by mistake................

Corporations-regularity of meeting, and acts of quorum.

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individual liability, when penal....

61

pleading in action on debt of..

69

elections in: and the right of voting on stock irregularly issued.. 361
citizenship of, when entitles to removal of the cause.

357

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