Tompkins Square...note, 324 Woodbine-street.... 112 Pirro, Fogal a. ...... Mayor, &c., of New York, Macom- Porter Godding a.... a. Monnais..... -, Reynolds a.... 324 People on rel. Eagle a. Keyser.... 214 ... Account copy of, referred to in pleading. How enforced.. PAGE .note, 86 168 ... 99 839 118 Account stated-may be coupled, in pleading, with claim upon the same as an open account .889 Action-to set aside fraudulent conveyance of land, not local.. 96 lies by mortgagor's widow to recover her dower out of surplus moneys after to set aside assignment for fraud,-if unsuccessful in, plaintiff cannot have 256 ..... 882 .... does not lie by grantee of land held adversely, against the grantor and the for price of goods sold, judgment in, does not preclude defendant from suing 849 452 of interpleader does not lie by the buyer of goods against his vendor and a to obtain arrest must state particulars of the false representations.. by substituting defendants' individual names instead of their supposed cor- on new trial on appeal from justice's court cannot allow new defence..... 408 118 merely alleging that plaintiff is not, but A. B. is, the real party in interest, 187 may be struck out on motion, notwithstanding notice for trial. Sufficiency PAGE Answer alleging fraud and collusion sufficiently definite without stating circum- stances Appeal-Presumptions to be made in support of judgment appealed from the court below can do nothing more than to adopt and enforce the judg- from justice's court, requisites of notice..... how heard, where no leave to annex case or exceptions is given 405 6 31 59 83 notice of, must be received by the clerk within the time limited.. 86 lies after trial at circuit, but brings up only exceptions... 88 but after trial by judge or referee, law may be reviewed.. 88 on appeal from order, it may be presumed to have been granted as matter 177 can be taken by purchaser at judicial sale, from order setting aside the cannot be taken from judgment in appellant's favor.... sale.. lies from order of City Court of Brooklyn denying new trial.... not to be reversed on appeal....... not the remedy to review summary proceedings.. from justice's court, amendment by introducing new defence not allowable from order requiring amendment of pleadings, how stay is effected upon does not lie from order requiring security for costs... not waived by receiving voluntary payment of the judgment... does not lie from refusal to open default for want of answer..........note, 319 Arrest cannot be sustained on an affidavit which does not state particulars of the ..note, 229 229 804 Under an agreement to guarantee notes taken by a factor, with the right to 441 may be ordered although the action seeks incidental equitable relief.. Proceedings to set aside for fraud or legal irregularity... Assignes of mortgage must show assignment of bond also... represents the creditors.... Assignment for benefit of creditors-not void for mere delay in making schedule.. 832 Bank-not liable to its indorser for value, for failing to charge prior indorser..... 232 364 Bill of Exchange-payable to wife of drawer may be endorsed by her. 6 Bill of Particulars-effect of refusal to give.... 839 Bills and Notes-giving of, for a previous claim, does not preclude existing defences 335 364 Bond-given on removing cause should be for the amount in which defendant has .......... ........ PAGE 877 C. Case-annexing to judgment-roll, and motion upon, for new trial.................. arising within this State.. 83 99 110 accruing after suit commenced cannot be set up by supplemental complaint 184 Certificate-of competency of school teacher..... Certiorari-may issue ex parte; and several may issue in the same case.. lies to review proceedings of municipal authorities in street cases; but will be refused if there is other convenient remedy................... ........ 196 201 112 824 .....note, 824 to review proceedings of municipal authorities in street cases, will not be granted after delay.. ...note, 824 to the Supreme Court, and not appeal, the remedy to review summary pro- .......note, 326 ..note, 326 Charge-as to credibility of witness testifying to transactions long past.. in cases of indictment for rape... City Court of Brooklyn-New trial on appeal from. should grant new trial after verdict against the evidence.. order of, denying new trial is appealable..... Collision-between rail car and other vehicle in city streets. Commissioners of Highways-Rights as to commutation money......... Common Schools-in the city of New York, removal of teacher, trustees, &c.. need not anticipate and avoid a defence.. sufficiency of averment of dishonor of note.. in action for conspiracy may set out the particular acts at length..... personally liable........ Comptroller-motion of, to open judgment against the city. 877 Continuance of action in name of assignee, not compulsory. Conviction-not reversed because return does not state expressly that jury were sworn....... 413 Costs-term fees in the Court of Appeals are not limited by section 307, subd. 7 of on denying motion to confirm report of referee against the estate of decedent 874 418 on appeal are allowable against executors, &c... Conspiracy-how pleaded.............. Constitutional law-power of Congress to confer jurisdiction on United States Cir- |