preferential, vol. xxx, p. 258.

who preferred as employees, vol. xxv, p. 376.
effect of transfer by plaintiff pending action,
vol. xxvii, p. 318.

Association, actions affecting, vol. iv, p. 300.
affecting internal affairs, vol. xv, p. 44.
organization of social clubs, vol. xvii, p. 112.,
syndicates and pools, vol. xvi, p. 380.
Attachment, title to deposit as security, vol.
xviii, p. 323.

creditor's suit on attachment before judg

ment, vol. xxiii, p. 9.

action by assignee for the benefit of creditors
to stop attachment, by establishing validity
of assignment, vol. xxiii, p. 3.
re-instatement; restitution, vol. xxiv, p. 239.
what causes of action may be seized by at-
tachment, vol. xxviii, p. 283.

discovery, how far allowed in aid of, vol.
xxxi, p. 46.

Attorney and client, attorney's lien, vol. xxiii,
p. 246; vol. xviii, p. 23.
enforcing, vol. x, p. 391.

compelling disclosure of client's address,
authority, etc., vol. xxvi, p. 118.
Bailment, bailee's lien, vol. xxiii, p. 245.
Bigamy, mode of proving marriage, vol. xvii,
p. 494.
Bills, Notes and Checks, notes for instalments
under continuing contracts, vol. xxx, p. 15.
Bills of Particulars, distinguished from mo-
tion to make definite, vol. xxv, p. 131.
Boundaries, riparian rights, vol. xvi. p. 203.
Boycott, and strikes, vol. xxiv, p. 260.
Broker, lien of, vol. xxiii, p. 245.

right to commissions, vol. xxv, p. 209.
pleading in action by broker employed by
both parties, vol. xxxi, p. 463.

Building Laws, jurisdiction of the several de-
partments in New York City as to buildings,
etc., vol. xxvii, p. 334.

Burial, law of, vol. xviii, p. 75.
Cancellation of settlements, vol. xiv, p. 11.
Carrier's lien, vol. xxiii, p. 245.

liabilities for injury to person, vol. xxiv, p.

181.

Cause of Action, action to establish a right,
vol. xxiii, p. 447; vol. xviii, p. 158.
actions to enjoin exercise of a legal right, vol.
xxiii, pp. 472, 483.

pleading several grounds of recovery, vol.
xxiv, p. 326.

time of accrual, vol. xxvi, p. 3.

what is the same cause of action, and its
statement in two separate forms, vol. xxiv,
p. 326.
distinction between action on an acconnt and
action for an account, vol. xxviii, p. 236;
vol. xxxi, p. 191.

distinction between remedy for wages, and

for wrongful discharge, vol. xxxi, p. 348.
locality or place of arising, vol. xxviii, p. 435.
Certiorari, to review assessment, vol. xx, p. 49.
Clubs, actions affecting, see Associations.
Colonial Law, sources of, vol. xvii, p. 491.
Conduct of the Cause, transferring, vol. xxvi,
p. 175.

Conspiracy, in commercial trusts, vol. xxiii,
p. 317; vol. xxv, pp. 21, 427.

as to boycotts and strikes, vol. xxiv, p. 260.
Contempt, discharge from imprisonment, vol.
xvii, p. 229.

Contract, stipulation to satisfy, or to perform.

to satisfaction of party, vol. xviii, p. 48.
made by telephone, vol. xxx1, p. 207.

rule as to reading several together, vol. xxxi,
p. 129.

indefinite, enforceable, vol. xxv, p. 321.
wagering, vol. xiv, p. 480.

continuing contracts with notes for instal-
ments, vol. xxx, p. 15.

transfer of fire risk under a contract to pur-
chase, vol. xxiii, p. 447.

clerk, servants, salary, wages, etc., vol. xxv,
p. 376.

7

remedy for wages, and for wrongful dis-
charge, distinguished, vol. xxxi, p. 348.
election once made is gone forever, vol. xxiii,
p. 145.

election between remedies for indemnity, by
assignment, subrogation, express or im-
plied contract, vol. xxx, p. 173.
rescission, vol. xiv, p. 301.
conditions subsequent considered as exonerat-
ing a purchaser, vol. xxiii, p. 416.
stipulations as to kind of service; right to
inventions of employee, vol. xxiv, p. 23.
who are servants, employees, etc., vol. xxv,
p. 376.

who bears taxes on property sold, vol. xxiv,
p. 136.

meaning of "term"; effect of rescission, vol.
xxviii, pp. 20, 145.

for farming on shares, vol. xxxi, p. 219.
to make or refrain from making testamentary
dispositions, vol. xxix, p. 28

for settlement of estate in lieu of litigation,
voi. xxxi, p. 92.

construction of tax clause in lease, vol. xxix,
p. 161.

mutuality of signature, particularly in trans-
actions within the statute of frauds, vol.
xxix, p. 228.

delivery of instrument with condition against
effect, vol. xxix, p. 369.

Corporation, ultra vires, vol. iv, p. 56.
distinguished from members, vol. xxv, pp.
21, 427.

locality of, vol. xii, p. 226.

stock trusts to control, vol. xix, pp. 448, 461;
vol. xxv, p. 21.

liability for illegal stock, vol. xiv, p. 441.
individual liability to servants etc., vol. xXV,
p. 376.

corporate litigation, vol. ix, p. 162.

receiver appointed to vote on stock, vol. xxv,
pp. 268, 274.

forfeiture; survival of franchises, vol. xxii, p.
210.

devolution of corporate property on dissolu-
tion, vol. xxi, p. 127.

actions for the appointment of a receiver, vol.
XXV, p. 454.

clerk, servants, salary, wages, etc.. vol. xxv,
p. 376.

statutory right of secured creditors to prove
for the whole, vol. xxv, p. 84.
foreign corporations doing business here, vol.
xxix, p. 98.

Costs, allowance of, vol. xi, p. 217.

awarding separate costs to several defendants,
vol. xxiv, p. 374.

Court, power over own process, vol. x, p. 361.
power after appeal, vol. xxiv, p. 162.

re-instatement: restitution, vol. xxiv, p. 239.
dies non juridicus, vol. xxix, p. 179.

Covenant running with land, vol. xiii, p. 114.
time of accrual of cause of action, vol. xxvi,
P. 3.

Creditor's Action, on attachment before judg
ment, vol. xxiii, p. 9.

right of creditor to reach trust, vol. xvi, p.
20.

dnty of assignee for creditors, of executors
and administrators, and of receivers, as to
fraudulent special assignments and fraudu.
lent preferences, vol. xxii, p. 327.
the effect of illegal preference, vol. xxx, p.
258.

rights of third person, vol. xvi, p. 59.
instructions to the jury, vol. xxii, p. 112.
carriage of decree, vol. xxvi, p. 175.
Criminal Conversation distinguished from
enticing, vol. xxviii, p. 25.

Damages, measure of, in telegraph cases, vol.
vii, p. 154.

for breach of contract of agency, vol. xxv, p.
268.

in elevated railroad cases, vol. xxvi, p. 84.
distinction between mental and physical in-
jury, vol. xxx, p. 371.

evidence of value of neighboring premises,
vol. xxxi, p. 273.

remedy for wages, and for wrongful dis-
charge, distinguished, vol. xxxi, p. 348.
inquests and inquisition as to, vol. xxix, p.

432.

Debtor and Creditor, right of secured creditor,
vol. xxv, p. 84.

Deceit, time of accrual of cause of action, vol.
xxvi, p. 3.

Decree, carriage of, vol. xxvi, p. 175.

Deed, granting clause, by referee in foreclosure,
vol. iv, p. 89.

stipulations for restraints on use running
with the land, vol. xiii, p. 105.

conditions subsequent considered as exonerat-
ing a purchaser, vol. xxiii, p. 416.
Defenses, distinction between nonsuit and de-
cision on the merits, vol. xxix, p. 283.
Demand, statutory requirement of, before suit
or audit, etc., vol. xxiv, p. 292.
Deposition, production of documents during
examination of witness, vol. xxvii, p. 371.
physical examination of plaintiff in negligence
case, vol. xxxi, p. 370.

Deposits, title to money in lieu of bail, etc.,
vol. xvii, p. 323.

Descent, the law of succession as affected by

the adoption of children, vol. xxix, p. 49.
Discovery, disclosure of client's address, etc,
by attorney, vol. xxvi, p. 118.

inspection of documents of adversary, by no-
tice to produce, &c.. vol. xxviii, p. 112, and
see Deposition.

as distinguished from accounting, vol. xxxi,
p. 191.

how far allowable in aid of attachment, vol.
xxxi, p. 46.

Distribution, the law of succession as affected
by the adoption of children, vol. xxix, p.
49.

Divorce, domicil for purposes of, vol. x, p. 333.
impotency, vol. viii, p. 187.

mode of proving marriage, vol. xvii, p. 494.
Documents, production of, during examination

of witness, vol. xxvii, p. 371, and see
Discovery.

Domicil, for purposes of divorce, vol. x, p. 333.
Ejectment in case of encroaching wall, vol.
xxx, p. 416.

Election between alternative rights by infant
or guardian ad litem, vol. xxvii, p. 184.
Election of Rights and Remedies, under con-
tracts, wills, statutes, etc., vol. xxiii, p. 145.
between contract of several and fraud of one,
vol. iii, p. 92.

between indemnity, equitable assignment,
subrogation etc., vol. xxx, p. 173,
requiring to elect between different grounds
of recovery on the same claim, vol. xxix,
p. 210.

Election of Officers, power of court over can-
vass of vote, vol. xx, p. 24.

Eminent Domain, evidence of value of neigh-
boring premises, vol. xxxi, p. 273.
Estoppel, election once made is gone forever,
vol. xxiii, p. 145.

Equity, see Action and Cause of Action, and In-
junction, Receiver, etc.

Evidence, of dedication, vol. ii, p. 400.
inquisition of lunacy, vol. iii, p. 282.
legislative intention in passing statute, vol.
iii, p. 372.

judicial notice, vol. x. p. 116.

mode of pr ving marriage, vol. xvii, p. 494.
unexplaine casualty, vol. x, p. 205.
proving telegrams, vol. xiv, p. 394.
communications by telephone, vol. xxxi, p.
207.

extrin sic, to show party to written instru-
ment, vol. xii, p. 12.

memoranda of forgotten fact, vol. xxiii, p.

118.

testimony of deceased witness, vol. xvii, p.
421.

allegation and proof of negligence, vol. xx,
p. 236.

production of documents during examination
of witness, vol. xxvii, p. 371.
proving lost record, vol. xxi, p. 367.
admissions in pleading as narrowing the issue
or as evidence, vol. xxiii, p. 394.

of facts occurring pending suit, vol. xxvi, p.
19.

inspection of documents of, see Discovery.
rule as to reading several contracts together,
vol. xxi, p. 129.

offer for property as evidence of value, vol.
xxviii, p. 251.

of value drawn from value of neighboring
premises, vol. xxxi, p. 273.

burden of proof in defamation, vol. xxviii, p.

395.

burden of proof as to non-payment, vol.
xxvii, p. 478.

value of testimony of interested witness, vol.
xxxi, p. 157.

physical examination of plaintiff's person,
vol. xxxi, p. 370.

examination of physician or surgeon, vol.
xxviii, p. 25, vol. xxx, p. 84.
surveys as evidence, vol. xxx, p. 73.
Examination, of party before trial, vol. i, p.
332.

physical examination of plaintiff in negli
gence case, vol. xxxi, p. 370.

discovery, distinguished from action for ac-
counting, vol. xxxi, p. 191.

power of the court when affidavits are con-
flicting to require oral examination, vol.
xxiii, p. 476.

Exception, as to non-suit, direction of verdict,
etc., vol. xxvi, p. 477.

power to allow exceptions to be noted after
time when taken, vol. xxvii, p. 2.
based on refusals to find, vol. xxviii, p. 285.

Execution, enforcing common law judgments
in U. S. courts, vol. xx, p. 149.
discharge from prison, vol. xviii, p. 229.
superintending enforcement of decree, vol.
XXV, p. 268.

exemption for laborers, etc., vol. xxv, p. 377.
debts, vol. xix, p. 403.

Executors and Administrators, remedy of
creditors against fraudulent special assign-
ments, and fraudulent preferences, vol.
xxii, p. 327.

declaring right, vol. xxiii, p. 447; with a
reference to fix amount, vol. xviii, p. 158.

presentation of claim before suit, vol. xxiv,
p. 292.

widow's reserved assets, vol. xxiv, p. 471.
ademption of legacy, vol. xxx, p. 237.
accounting before suing on bond, vol. xxvi,
p. 299.

executor distinguished from trustee, vol. xxvi,
p. 309.

charge with trust, vol. xiii, p. 334; vol. xviii,
p. 122.

settling estate by contract, vol. xxxi, p. 92.
Feigned Issues, special questions for the jury
as distinguished from special verdicts,
general verdicts and questions (feigned
issues) framed in equity cases, vol. xxxi, p.
446.

duty and liability of executor, etc., under
the collateral inheritance tax act, vol. xxix,
pp. 358, 456.

Finding, judgment thereon as res judicata, vol.

XXVII, p. 216, and see Reference and Trial.
Fire, liability for spread of, vol. xxii, p. 377.
Foreclosure, special relief in judgment, vol.
XXX, p. 344.

Foreign Corporations, locality of, vol. xii, p.

226.

jurisdiction of, vol. xviii, p. 435.

foreign corporations doing business here,
vol. xxix, p. 98.

Forfeiture, of charter and survival of fran-
chises, vol. xxii, p. 210.

Former adjudication, effect as determining a
right of election, vol. xxiii, p. 147.
effect of findings of fact, Id., p. 282.
effect of verdict or finding and judgment
thereon as res judicata, vol. xxvii, p. 216.
as a defense, vol. xxvi, p. 218.

judgment must be responsive to the issues,
vol. xxvii, p. 132.

Franchise forfeiture of charter and survival
of franchises, vol. xxii, p. 210.
Fraudulent conveyance, duty of assignees for

creditors, and administrators and receivers,
and the remedy of creditors against fraud-
ulent special assignments and fraudulent
preferences, vol. xxii, p. 327, and see
Creditor's Action, above.

Guardian, accounting before suing on bond,
vol. xxvi, p. 299.

Guardian ad litem, election between alter-
native rights by infant or guardian ad litem,
vol. xxvii, p. 184.

necessity of giving security before receiving
payment, vol. xxviii, p. 156.

Highways, obstruction of, vol. xii, p. 152.

for business purposes, vol. xviii, p. 129.
Holidays, dies non juridicus, vol. xxix, p. 179.
Hospitals, liability of physician or surgeon in

charitable or gratuitous service, vol. xxvii,
p. 54.

Husband and wife, identity, vol. xii, p. 302.
tenancy by the entirety, vol. xxiv, p. 229.
effect of married women's acts, vol. vii, p.

310.

condition of apartment house, vol. xx, p. 330.
liability as affected by being in defendant's
care, or on his premises, or if injury was by
his employee, vol. xxiv, p. 181.

dis:inction between mental and physical
injury, vol. xxx, p. 371.

distinguished from nuisance, vol. xxv, p. 195.
time of accrual of cause of action, vol. xxvi,
p. 3.

New trial, weight- of testimony of party or

interested witness, vol. i, p. 362.
witnesses causing surprise, vol. xiv, p. 469.
power to allow exceptions to be noted after
time when taken, vol. xxvii, p. 2.

Non-suit, request and exception, vol. xxvi, p.

477.

encroaching walls, vol. xxx, p. 416.

time of accrual of cause of action, vol. xxvi,
p. 3.

Officers, as agents of the state or municipality,
vol. viii, p. 280, and see Taxpayers' Actions.
clerks, servants, salary, wages, etc., vol xxv,
p. 376.

time of accrual of cause of action against
pleading supplemental, vol. xxvi, p. 19.
Orders, see Motions.

Parties, actions by strangers to the considera-
tion, vol. xv, p. 468.

distinction between actions for relief against
trustees, at law and in equity, vol. xx, p.
431.

intervening, vol. vi, p. 304.

in foreclosure and partition as affected by
trust to convey, vol. xxvi, p. 407.
transferring conduct of the cause, vol. xxvi,
p. 175.

who may bring partition and who to be
joined, vol. xxviii, p. 121.

Partition, special clauses in judgments for, vol.
XX, p. 102.

who may bring and who to be joined, vol.
xxviii, p. 121.

Partnership, remedy as to contract of all and
fraud of one, vol. iii, p. 92.

realty, vol. vi, p. 287.

formation of limited, and the liability of the
special, vol. xxi, p. 55.

surviving and deceased partners, vol. xvii, p.
172.

provisions for continuing business after
death, vol. xxi, p. 70.

remedy for creditors of limited partnership
against frau lulent special assignments and
fraudulent preferences, vol. xxii, p. 327.

Physicians, see Witness.

Place of Trial, change of, vol. xviii, p. 201.
where cause of action "arose," vol. xxviii, p.
435.

Pleading, incidental allegations of fraud, as
fixing character of action, vol, xxiii, p. 93.
denials in, vol. xiv, p. 319, vol. xv, p. 269.
what may be proved under general denial,
vol. xx, p. 342.

avoidance; anticipating defence, vol. xxv, p.

120.

discharges, vol. x, p. 317.

illegality as a defense, vol. xiii, p. 338.
statute of frauds, vol. xxx, p. 429.1

allegation and proof of negligence, vol. xx,
p. 236.

distinction between negligence and nuisance,
vol. xxv, p. 195.

withdrawal, etc., of, vol. xx, p. 4.

admissions considered as narrowing the issue
and also as available evidence, vol. xxiii, p.
394.

several counts on one cause of action, vol.
xxiv, p. 326.

motion to make definite; and bills of par-
ticulars. vol. xxv, p. 131.

demurrer reaches first fault, vol. xxv, p. 224.
necessity of pleading leave to sue or statutory
preliminary to action, vol. xxiv, p. 292.
complaint for money paid on an illegal assess-
ment, vol. xxvi, p. 350.

in action by broker employed by both par-
ties, vol. xxxi, p. 463.

foreign statutes, vol. xxvi, p. 315.
general allegations common to several causes
of action, vol. xxviii, p. 236.

performance of conditions precedent in in-
surance cases, vol. xxviii, p. 449.

plaintiff's duty to plead non-payment, vol.
xxviii, p. 478.

requiring to elect between different grounds
of recovery on the same claim, vol. xxix.
p. 210.

Pools and syndicates, vol. xvi, p. 380.
Poor, abandonment of wife, vol. xx, p. 307.
Privacy, infringing on privacy, or affecting

character or reputation, vol. xxvii, p. 379.
Physicians, skill and care in charitable or
gratuitous service, vol. xxvii, p. 54, see
also Witness.

R. R. Co., liability for spread of fire, vol. xxii,
p. 377.

damages in elevated railroad cases, vol. xxvi,
p. 84.

liability of railroad in street or other public
place, vol. xxx, p. 310.

Receivers, statutory, vol. xix, p. 359.

action for appointment of, vol. xxv, p. 454.