Claflin & Salters agt. Sanger. more, made by the general term of this district. In Davis agt. Morris (21 Barb. p. 152), MITCHELL, P. J., held a statement of indebtedness, to be for money lent and advanced at divers times by the plaintiff to the defendant, from 1853 to date, was insufficient. These decisions, two of which are by the general term of this district, are controlling upon this question, notwithstanding there are some few cases of a contrary tenor, by the judges at special term in other districts, such as Post agt. Coleman (9 Howard Pr. R. p. 64). The plaintiffs in this action were not the original creditors by whom the goods were sold, and it was suggested that less particularity was required from them than would be from the the persons to whom the debt was orignally due. There is no distinction made in the statute, and there is no good reason shown for making any such distinction. The statement is to be made by the debtor and not the creditor, and he can as well state the particulars in one case as the other. He knows the particular transaction out of which the indebtedness arose, and he can state it as easily after the claim has been transferred to a third person, as he could before the transfer. The motion to set aside the judgment, as to the creditor making this motion, must be granted. INDEX. ACTION-for penalties under Metropolitan Police act. Costs of defence." PAGE Attorney-General's certificate. Mandamus to compel, &c... 10, 142 31 For slander. When the words spoken import perjury... 72 76 On fraudulent representations in purchase of goods-when sustained. 90 ... 97 For causing death, under acts of 1847-9. When sustained for the .... 102 For penalty under liquor law of 1857. Notice in summons should be ...193, 442 For penalty under fire laws (1849). Trial by jury is absolute...... 273 which a judgment has been entered. Cannot be maintained by 285 When a religious corporation can sustain an action on an original 287 Upon promissory note-parol evidence to prove consideration. Lia- 385 When judgment against one joint debtor a bar as to others. In cases of joint and several debtors, when not a bar, &c......... A misdemeanor is not the source of a civil action in favor of either of 407 ... 47% 504 Index. PAGH ! ACTION. A cause of action on contract, on which defendant may be ar- it seems separate actions may be brought.. AGREEMENT by joint debtors, when within statute of frauds................... 517 5 285 AMENDMENT—of order containing wrong christian name of a party-of 197 ANSWER-in bar of a former suit pending, how discontinuance of first suit Effect of a sworn denial under the Code .... 69 185 447 APPEAL from order of commissioners of highways, refusing to lay out a ficient..... 120 From a judgment of restitution and costs-when the appeal with the 120 A party must be held to strict practice where he undertakes to limit 192 Grounds of appeal stated in the notice, when held sufficient....... 255 280 Jurisdiction of court below, after appeal to the court of appeals, to 289, 394 Jurisdiction of court below, after remittitur delivered to the prevail- ......289, 394 ing party......... of original affidavits, made on information and belief, &c....... 353 Index. PAGE APPEAL How finding of facts must be settled and incorporated in the 381 ........ From judgment entered upon exceptions taken to the charge of the 453 534 545 ARBITRATION. When a pretended reference of claims against an estate 21 ARREST. After judgment and execution, too late to move to vacate order 68 cate order denied on appeal........ 280 ...... On appeal from order denying motion to vacate original order of ap 353 ..... 420 HARVAR A commission merchant, to sell butter, acts in a fiduciary capacity. A motion to vacate an order of arrest can only be made before judg When execution may issue against the person, without and with an A cause of action on contract, on which defendant may be arrested, ATTACHMENT-cannot issue under the Code, to a non-resident plaintiff, An affidavit for an attachment must make out a clear prima facie case. 559 ATTORNEY. Difference between an action and motion, in setting off A notice of judgment by the attorney, without being signed by him, 192 Index. ..... ATTORNEY. When may be proceeded against summarily for not paying PAGE 260 ..... 289 When assignment of client to his attorney, of a report of referee in his favor, and judgment entered in favor of the attorney, pre- Power of attorney-requisites of, construction of, &e..................... 341 380 418 ATTORNEY-GENERAL-when his certificate required in action for pen- BALL-privile -privileges and liability of sheriff as bail, when may surrender prin- ... 439 BANKS AND BANKING. Charter to individual banker when improper, 110 ...... BILLS OF EXCHANGE AND PROMISSORY NOTES-in an action on 323 ... 385 No recovery can be had on an accommodation note, where more than .... BOOKS OF ACCOUNT-when and how evidence. ...... 566 569 399 AUSE OF ACTION. When it did not arise on a promissory note in this CAUSE state... 16 |