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and 114 New York State Reporter
Foreclosure of mortgage, see "Mortgages," § 1.
ulent Conveyances," 1.
Particular proceedings in actions.
See “Continuance"; "Costs”; “Damages”; “Dep-
dence"; "Execution"; "Judgment"; "Jury";
"Limitation of Actions"; "Motions"; "Par-
ties"; "Pleading"; "Reference"; "Stipula-
Particular remedies in or incident to actions.
See "Attachment”; “Bail," $.1; “Discovery";
"Garnishment"; "Injunction"; "Receivers."
Courts of limited jurisdiction in general, see
“Courts," $ 2.
Criminal prosecutions, see “Criminal Law."
Suits in justices' courts, see "Justices of the
Peace," $ 1.
"False Imprisonment," $ 1; "Libel and Slau-
count," $ 1.
ways," $ 2; "Master and Servant," 8'3;. "VIU- Operation and effect of former adjudication, see
Of trust property, see “Trusts," $ 4.
As evidence in civil actions, see "Evidence," $ 4.
tition," § 1; "Quieting Title"; "Specific Per- See “Food."
"Dower," $ 1.
See “Limitation of Actions."
In pleading, see "Pleading,” g 2.
erty of attachment defendant, see "Attach-
Review in special proceedings.
Assessment of taxes, see "Taxation," $ 3.
Condemnation proceedings, see "Eminent Do-
main," $ 1.
Review of criminal prosecutions.
See "Criminal Law," $ 5.
8 1. Nature and form of remedy.
nicipal court order opening a default and setting
aside his judgment, in an action brought before
Laws 1902, c. 580, $ 257, held reserved by sec-
§ 2. Decisions reviewable.
An indorsement on an order held equivalent to
the entry of the order in the clerk's office, suffi.
v. McLaughlin (Sup.) 741.
8 3. Presentation and reservation in
lower court of grounds of review.
Where a trial court filed but one conclusion
of law, and it was entirely erroneous, a general
City of New York (Sup.) 168.
A failure to object to a permission granted
opposing counsel to comment on a matter with-
tion of error on such ruling.-M. Groh's Sons v.
Groh (Sup.) 438.
§ 4. Requisites and proceedings for
transfer of cause.
A notice of appeal from an order as resettled
by an order entered on a later day specified,
ficient to authorize a review of the entire order
as resettled.- Seligsberg v. Schepp (Sup.) 154.
Decision in personal injury action held to pre-
Universal Trust Co. (Sup.) 783.
A failure of the record to disclose the alleged
improper remarks of opposing counsel held to
error therein.-M. Groh's Sons v. Grob (Sup.)
Where, upon appeal from a judgment dismiss-
dered.-O'Sullivan v. Knox (Sup.) 848.
defendant as released parties to an injunction
and 114 New York State Reporter
dict for personal injuries, as excessive, stated. -
Bachmann V. Paul Weidmann Brewing Co.
Judgment on a fourth verdict for plaintiff on
In au action for personal injuries, tried be-
A failure of defendant to object to evidence
retrial that the plaintiff, without paying all
the evidence.-Miller v. Carpenter (Sup.) 82.
Where the amount of damages erroneously
a reduction of the judgment or a new trial.-
United States v. A. S. Abell Co. (Sup.) 454.
Defendant, on vacation of interlocutory judg
tled to vacation of final judgment.-Schieck v.
Donohue (Sup.) 739.
The court cannot, on appeal, reverse the
party; there being evidence for the jury.-Wil-
Of executor or administrator, see “Executors
Of municipal officers, see "Municipal Corpora-
tions," $ 2.
Of receiver for corporation, see "Corporations,"
ARBITRATION AND AWARD.
See "Reference"; "Submission of Controversy."
ARGUMENT OF COUNSEL.
Where the complaint showed that the action
A party must be presumed to have been preju- ASSAULT AND BATTERY.
see “Carriers," $ 2.
use, see "Eminent Domain," f 2.
| Co. v. Industrial Federation of America (Sup.)
$ 3. Proceedings to support or enforce.
Under Code Civ. Proc. $ 638, proof of the is-
first instance as a condition to the issuance of
an attachment.—Belmont v. Sigua Iron Co. (Sup.)
Under Code Civ. Proc. $ 651, it is not neces-
sary, in order to secure the examivation of a
person who refuses to give a certificate specify-
ing what property of an attachment defendant
tually had property which would be subject to
levy.-Donner v. Mercy (Sup.) 1030.
Affidavit made to obtain the examination of
person alleged to have property of an attach-
ment defendant in his possession held to suff.
ciently aver service of the warrant.-Donner v.
| Mercy (Sup.) 1030.
Under Code Civ. Proc. $ 650, right to demand
certificate from person believed to have proper-
ty of an attachment defendant in his possession
| attachment.--Donner v. Mercy (Sup.) 1030.
Affidavit made to secure examination of per-
defendant in his possession held to be defective.
Where defendant in an attachment suit has
not appeared, except specially, plaintiff has the
right to discontinue.-Straus v. Guilhou (Sup.)
to both parties.-Belmont v. Sigua Iron Co.
Where a motion to set aside an attachment
was based on the judgment, which recited the
facts necessary to sustain the attachment, it
was immaterial that such facts were not suffi-
ciently proved by the attachment affidavits.-Bel-
A debt is "goods or effects," within Code Civ.
in attachment.- Minor v. Gurley (Sup.) 596.
& 6. Liabilities on bonds or undertak-
an attachment suit in which defendant has only
appeared specially, a judgment against plain-
tiff for defendant's costs and damages could not
be entered in the suit.-Straus v. Guilhou (Sup.)
Defendant, on the discontinuance, without his
consent, on plaintiff's motion, of an attachment
suit, held entitled to an action on the undertak-
ing executed by plaintiff, pursuant to Code Civ.
1. Proc. $ 640.-Straus v. Guilhou (Sup.) 180.
| Defense in action on bond given for attach-
ASSUMPSIT, ACTION OF.
and 114 New York State Reporter
ment," 8 5.
An undertaking to procure discharge from ar- Or juror, see "Jury," $ 2.
BILL OF PARTICULARS.
See "Divorce," 8 1; "Pleading," $ 5.
BILLS AND NOTES.
§ 1. Rights and liabilities on indorse-
ment or transfer.
The rule that fraudulent diversion of a note is
distribution of bankrupt's estate. one receiving it as collateral for an antecedent
The transferee in good faith for value and
in due course of a check may enforce it against
Fact that creditor of insolvent demands securi; 2. Presentment, demand, notice, and
Delay of party in presenting check given in
vent his recovery against the drawer on the ac-
count.-Williams v. Brown (Sup.) 247.
A payment of a note need not necessarily be
8 4. Actions.
Evidence that, three years before defendant
executed the note, he was indebted to plaintiff's
husband, held not to prove consideration for the
The certificate that a note was a genuine busi-
lent diversion against one receiving it as col-