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Landlord and tenant-defect of building, when no defence to action for rent.
Law of place of assignments and attachments.....

Legatees, &c.-Liability of, for debts of decedent...
Levy-What instructions to delay, make it fraudulent...

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Libel-What is; what communications are privileged; and of malice and damages 41
Limitations-of actions for penalty, e. g., actions against directors of corporation,
on their default to file report...

225

M.

Malice-What is, and effect of, in libel cases.....
Mandamus-when it lies.....

Manufacturing corporation-Personal liability of stockholders in..
Married woman-Estate of, in what cases chargeable..............

Mechanic's lien-against several owners who make a joint contract..

Money paid-voluntarily, when cannot be recovered back....

what amounts to compulsion and protest.....

Motion-to substitute receiver cannot be opposed by objections to regularity of

first appointment....

to strike out answer, &c., as false, irrelevant, &c...

to set aside attachment. Use of affidavits on......

to set aside execution, cannot be made by mortgagee..

to set aside pleading interposed on leave....

for supersedeas. Requisites of affidavit for..

to vacate arrest may be made after giving bail..

effect of decision, upon a temporary stay of proceedings...

41

874

1

18

173

350

350

12

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for leave to issue execution which might issue of course should be dismissed,
not denied........

to strike out answer, not the remedy for same defects as demurrer is...
against several defences, as sham and frivolous, need not specify by the
notice which are which....

to set aside judgment for omission to file decision...

to vacate attachment, cannot be dismissed for absence of moving party....
to dismiss suits by officers for want of authority to bring...

N.

New trial-cannot be ordered upon the evidence taken on the first trial...
New York city-Mayor of, not bound to countersign warrant....
Next of kin-includes all who receive distributive shares..
Notice-to party whose attorney dies, to appoint a new one..

22

874

110

399

0.

Office-in corporation, Title to, cannot be tried in action for damages..
Opinion of witness-not admissible as to amount of damages...
Order-giving leave to apply for further report from referee..

for payment of costs after notice of trial. Construction of..
requiring explanation of misconduct. Construction of...

332

299

247

259

264

for judgment on demurrer, When costs of, may be collected by precept.... 304
at chambers, valid, though entitled at special term, but not entered..... 405
to file new undertaking requires justification of sureties.

421

P.

Parties-in foreclosure..

agent, when may maintain action in his own name..
effect of death of one joint-owner and co-plaintiff...
united in interest must join as plaintiffs.....

in creditor's action to determine priority of liens..

Partners Surviving, who substitute their indorsement for that of the firm, not

entitled to be subrogated.....

Partnership-Interest in, of one partner liable to sale on execution..

Payment-under protest. What is.........

Penalty-Liability of directors, for neglect to file report, is.

Place of business-What is..

Plaintiff must join other parties in interest as plaintiffs..

Pleading-in action against stockholder, for debt of corporation..

plaintiff's incorporation......

Leave to amend, should not exclude Statute of Limitations..
motions to strike out as false, irrelevant, &c...

custom of trade, when need not be averred....
insolvent's discharge......

causes of action arising out of several capacities of defendant..
foreign judgment......

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Receiver-may be substituted, notwithstanding objections to regularity of first ap-
pointment

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when appointed in action to enjoin insolvent corporations....

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not to be appointed where the title is not clear and the defendant is respon-
sible

284

Record-of judgment in another State..

Referee's fees-on several appeals in highway proceedings...

Reference-several items for recovery, under a policy of insurance, is not an ac-

402

216

count.......

Relief-Irrelevancy of demand of.......

Demand of, in complaint in action to test election in corporation..

124

195

332

S.

Score facias-necessary after death of judgment-debtor......

80

Security for costs-of foreign corporation, plaintiff; new sureties cannot be re-
quired when the original sureties become insolvent..

224

where penal suit is brought without authority....

434

of non-resident plaintiff rests in the discretion of the court..

473

Service-of papers after attorney's death, how made...

899

Sheriff-not to be required to part with property attached, pending suit......

253

not necessary party to creditor's action to determine priority of liens of at-
tachments....

442

on executing attachment must give notice of it to person from whom he
requires a certificate......

469

Statute-Repeal of, renders valid contracts which contravened it...
of Frauds—its application, how affected by part performance..
Stay of proceedings-what operates, as upon appeal....

does not discharge levy......

pending motion, how effected by the order made.

Stock-jobbing contracts-are now a good cause of action...

Subrogation-of surviving partners who substitute their indorsements for those of
the firm.....

Supersedeas-not to be granted for delay to charge principal, when bail have not
been exonerated.....

Supplementary proceedings-Production of documents in..

Action does not lie on order in ....
where several executions have issued.
what is defendant's place of business..
power of court, to punish disobedience..
Production of documents in.......

Sureties-when entitled to be let in to defend..

Failure of, to justify ....

- in statute bond, Insolvency of, no ground for requiring new surety.
Surrogate's decree-upon conflicting evidence, not to be reversed....

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140

142

126, 182

85

187

140

284

note, 101

68

418

note, 418

note, 418

459

68

97

421

224

859

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Term fees-What, are to be paid as condition of granting new trial..
Testimony-to be used in another State, compelled..........
Trial-resting and close of proofs.....

259

note, 68

1

41

124

of issue of fraud should be by jury......

form of objection to question as to opinion of witness..

..... 299

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Undertaking-inoperative if sureties fail to justify.....

to stay execution of judgment cannot be disregarded for defects...
Liability of sureties on....

Use and occupation-Action for, when sustainable....
Usury-no defence for grantee of mortgaged premises.

V.

Verification-of complaint by agent, how made.....

not equivalent to affidavit denying notice of protest...

W.

421

471

97, 101, 182

888

61

106

272

Will-mode of execution and acknowledgment......

359

Witness-admissibility of husband, in action to charge separate estate of wife.... 18

privileged communications....

agent who is not personally liable, not interested...............

68

388

ABBOTTS'

PRACTICE REPORTS.

NEW YORK.

LEWIS a. RYDER.

New York Common Pleas; General Term, July, 1861.

MANUFACTURING CORPORATION. PERSONAL LIABILITY OF STOCKHOLDERS.-PLEADING.-TRIAL.-JUDGMENT AGAINST CORPORATION IS EVIDENCE OF DEBT.

Under the provisions of the Laws of 1853, 705, ch. 333, § 2,-allowing manufacturing corporations to purchase property necessary for their business, and issue stock in payment therefor, which stock shall be deemed full stock, and the holders not liable for further payments under the 10th section of the general act, the holder of such stock when sued, to charge him personally under the general act with a debt of the corporation, may, in his answer, couple with his admission that he is a stockholder, averments that the stock held and owned by him was issued by the company in payment for property purchased by its trustees, and necessary for their business, and that it was full paid stock, not liable to any further calls or payments; and such admission does not aid the plaintiff.

If, on the trial, there is no other proof of the defendant's ownership of stock than such admission, a motion to dismiss the complaint should be granted. Where in such case, upon a motion to dismiss the complaint and after the plaintiff had rested, but before the defendant had given any evidence, and the plaintiff offered to give further proof as to defendant's ownership of stock, but the court declined to receive it for the reason that the defendant was entitled to his motion to dismiss the complaint on other grounds;-Held, that this was tantamount to a refusal to receive the additional evidence.

The mere fact of a plaintiff resting cannot be regarded as a bar to his right to furnish further proof; and his case cannot be regarded as closed, where the deVOL XIII-1

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