WITH A REFERENCE TO THE SECTIONS OF THE CODE OF CIVIL PROCEDURE CONSTRUED LANEOUS REPORTS, VOLS. 26 TO 28, INCLUSIVE, AND VOLUME XXX NEW YORK S. S. PELOUBET LAW BOOKSELLER AND PUBLISHER 1900 INDEX TO THE Principal Notes in Vols. 1 to 30, Inclusive, OF New York Civil Procedure Reports. The frequency with which these notes on Subjects of Current Fractical Importance are referred to in the drafting of papers and the preparation of briefs, has led to the suggestion that for greater convenience of the practitioner they be indexed thus together, in addition to their enumeration in the respective volumes in which they appear. ABATEMENT, plea of another action pending, vol. xx, p. 187. ABATEMENT AND REVIVAL, substitution of executor, laches, vol. xxix, p. 290. terms imposed, vol. xxix, p. 291. ACCOUNT STATED, promise to pay upon condition, not available as defense, when, vol. xxviii, p. 251. ACCOUNTING, power of Surrogate, vol. xxiv, p. 75. in Surrogate's Court. Creditor entitled to become party to a contest over executor's accounts, vol. xxiv, p. 367. of executors; death of one, vol. XXX, p. 333. for damages, order for examination before trial, vol. xxiv, p. 276. to compel accounting of administrator, Statute of Limitations, vol. xxviii, p. 234. to enforce statutory liability against stockholders, constitutionality of, vol. xxx, p. 30. consolidation of, when ordered, vol. xii, p. 357. ADMINISTRATOR, action to compel accounting, Statute of Limitations, vol. xxviii, p. 234. ADMINISTRATOR OR EXECUTOR, costs against, vol. xxix, p. 152. ACTION to recover damages for AFFIDAVIT, out of State, vol. vi, wrongful act, etc., vol. ii, p. 16. for penalty, when indorsement on summons served without complaint, not sufficient, vol. ix, pp. 261, 264, 266. p. 117. of merits, vol. 1, pp. 166-167. sufficiency of, to support order of publication of summons, vol. XXV, p. 21. expiration of the period limited AGREEMENT to refer, vol. iv, p. for commencing an action upon other remedies, vol. xix, p. 15. revival of, for assault and battery against trustees of corporation upon its dissolution, vol. xxii, p. 407. to annul marriage, default, vol. xxiv, p. 188. 75. to discontinue, vol. iv, p. 253. ALIMONY AND COUNSEL FEE pendente lite in action for separation, vol. ix, p. 181. action for annulment, vol. xxix, p. 228. 1 ALLEGATION as to presentation of claim, in action against city when extra, not granted, vol. by statute, vol., viii, p. 216. character in which sued, vol. xxvili, p. 245. power of Judge over date of is- of complaint, when allowed to ANSWER in summary continuance of action for pur- poses of, vol. xviii, p. 90. when order directing interlocu- 48. from denial of motion for new from short decision, exceptions proceed-APPEALABLES, ings, vol. i. pp. 446-447. who may appeal, vol. xxx, p. 377. partial defense must be ex- ARREST, when right to, depends pressly stated, vol. xxiv, pp. upon facts extrinsic to the cause of action, vol. viii, p. 289. inconsistent defenses; allowable, ARREST, ORDER OF, vol. iil, p. vol. xxix, p. 47. inconsistent defenses, striking out, vol. xxix, p. 47. when a new trial should be or- from order denying motion to va- to County Court from Justice's Appeals attach- 389; vol. vi, p. 267. Discharge from imprisonment when properly granted in action fraud, vol. xxiv, p. 280. ASSIGNEE, final decree upon ac- remedies, ATTENDING PHYSICIAN AT striking out testimony, vol. xxvii, ATTACHMENT, vacating, vol. i, note on, vol. iil, p. 287. grounds for vacating, vol. vi, p. sufficiency of affidavits, vol. vii, affidavit as to non-existence of 300. will not issue in an action seek- parties to action, misjoinder of, what proof of junior levy insuf- what proof of counterclaims suf- when properly granted on ground when domestic corporation hav- levy on real property, vol. xxiv, cannot be granted in an equitable not a common-law right, but ex- transfer of demand to forestall, foreign corporation, recital as to, foreign corporation, warrant of affidavit, must show amount due vol. affidavit, upon information, stat- failure to serve or present sum- property capable of, vol. xxx, p. manual delivery, vol. xxx, p. 38. insurance policy, vol. xxx, p. 38. ATTORNEY AND CLIENT, stipu- attorney, before proceeding in the when enforcible and how en- assignment of judgment, vol. assignment of judgment does not upon counterclaim, vol. xxvil, p. for services, vol. xxvii, p. 252. not destroyed by set-off, vol. xxx, |