COMMON PLEAS-jurisdiction of, over marine court judgment after filing of transcript, 210. COMMUNICATION—what is a personal communication, 112. COMPLAINT—alone not sufficient on application for an injunction, 453. relevant and irrelevant allegations of, in action for false imprisonment, 108. CONCEALMENT when ground for relief, 238. CONDITION-subsequent, in deed, may be an incumbrance, 56. ·CONTEMPT—action not the remedy for, 29. CONTRACT-to pay riparian owner of navigable stream for consent to continuously moor rafts, not enforceable, 211. CONVERSION-of personal property; demand on defendant before suit, 352. CORPORATIONS-personal liability of officers, 347. receiving payment of stock in material and labor, 283. COSTS―allowed when claim against testator's estate unreasonably resisted, 105. appeal not stayed for payment of, 325. fees on sale in partition, 93. in foreclosure of mechanics' lien, in discretion of court, 119. minutes of former trial, taxable, 91. not affected by tardy offer of judgment, 90. of appeal in case of stipulation to abide event, 47. security for, by insolvent guardian ad litem, 325. security for, in action for tort, 432. security for, required of irresponsible guardian ad litem of infant, 434. when claim against an executor not unreasonably resisted, plaintiff not entitled to, 107. when granting of new trial cannot be conditioned on payment of, 102. COVENANT-against incumbrances, 56. COUNTER-CLAIM-admitted by failure to reply, 364. not to be set up by one of two joint defendants unless there can be a several judgment, 216. COUNTY COURT-has jurisdiction to direct a sale by referee on foreclosure of a mechanics' lien, 114. CREDIT MOBILIER CONTRACT-of horse railroad company, 283. D. DEBTOR AND CREDITOR-remedy under bankrupt act and under State laws contrasted, 372, 379. DEDICATION of land for a highway, 386, 400, note. rules of interpretation; exceptions; conditions; incum- subject to mortgage, 364. DEFENSES IN FORECLOSURE—application of bonus, 368. neglect of mortgagee to fore close, 422. DEMURRER-to answer setting up counter-claim for recovery of usurious interest, 216. to complaint not stating facts sufficient to constitute a cause of action, 173. DIRECTORS—liable for transactions in their own interest, 283. DISCOVERY AND INSPECTION-physician's account books when not subject to, 143. DIVORCE-rents and profits, how reached by sequestration, 29. E. ESTATES-vested and contingent, 404. EVIDENCE-bill of particulars in action for conspiring to withhold, 419. examination when adverse party is dead, &c. (§ 399 of the Code), 1, 8, note. first admitted on appeal, confined to record evidence in support of a judgment, 230, 238. judgment debtor's residence should be shown on appli cation for appointment of receiver in supplementary proceedings, 444. of dedication of land for a street, 386, 400, note. of party, effect of contradiction of, 238. ordinance establishing width of sidewalk, not judicially noticed, 230. plaintiff must make out a prima facie case, to obtain order of arrest; mere averment not sufficient, 457, 459. post mark, as evidence of mailing, 70. presumption as to ground of granting new trial on condition of payment of costs, 102. subpœna unnecessary, on examination of parties before trial, 418. that purchaser knew that bonus came from borrower, 368. to show intent of covenant as to incumbrances, 56. weight of conflicting testimony of parties, to be submitted to jury, 274. EXAMINATION—of adverse claimant against sequestrator, 29. EXAMINATION OF PARTIES-application for, to allege knowl edge of specific facts, 129. before trial, a substitute for bill of discovery, 146, 159, note. before trial, not allowed in action for libel, 146. insanity of party, a ground for refusing an examination before trial, 137. of adverse claimant in case of sequestration, 29. order for, before service of summons, is without jurisdiction, 162. subpoena unnecessary on, before trial, 418. when adverse party is dead, &c., 1, 8, note. EXECUTION effect of sale on, after release of judgment, 238. immateriality of proximity of time of general assign- issued after five years without leave, not void but voidable, 206, note. issued against executors under leave of surrogate, a sufficient adjudication of existence of assets, as against a receiver, 208. motion for leave to issue, not to be opposed by impeaching the judgment, 203. must fall if judgment is vacated, 203. one knowing that transcript of marine court has been filed, liable for directing a marshal to carry out, 210. on marine court judgment cannot be issued to a marshal after filing of transcript, 210. when sale under, becomes void, 163. EXECUTORS AND ADMINISTRATORS-Costs allowed when claim against testator's estate is unreasonably resisted, 105. costs refused in foreclosure of mechanics' lien against: disbursements allowed, 119. effect of bequest to executors in trust to re ceive income and pay to beneficiaries after termination of a life estate, 404. EXECUTORS AND ADMINISTRATORS-when claim against, is not unreasonably resisted, plaintiff not entitled to costs, 107. F. FALSE IMPRISONMENT-relevant and irrelevant allegations of complaint in action for, 108. FALSE REPRESENTATIONS-requisites of affidavit to obtain arrest for, 459. FEES and commissions of referee to sell in partition cases, 97. FORECLOSURE-bonus in excess of lawful interest oredited on the mortgage as a payment, 368. defense of usury in, 304. effect of clause making deed subject to mortgage, 364. neglect of mortgagee to previously foreclose, a defense in, 422. order to show cause returnable in less than two days, and containing stay of sale on, irregular, 454. FOREIGN JUDGMENT-action upon, 315. FOURTEEN DAY ACT-discharge under, 372. FRAUD-in obtaining judgment, 238. FRAUDULENT CONVEYANCE-remedy of receiver in case of, 29. G. GUARDIAN AD LITEM-insolvency of, 325. security for costs by, 325, 434. pecuniary responsibility of, to be shown. before appointment, 434. H. 'HIGHWAY-an unauthorized continued obstruction of, a nuisance, 211. dedication of land as, 386, 400, note. HUSBAND AND WIFE-agency for purpose of drawing from savings bank, 342. married woman's liability on indorse ment, 76. VOL. II.-B I. INCUMBRANCES-what are, 56. INDICTMENT-for obscene writing, 66. INFANT-irresponsible guardian ad litem of infant to give security for costs, 434. pecuniary responsibility of guardian ad litem to be shown INJUNCTION-application for, to be made on affidavit, and not on denied when not asked for in good faith, 440. reference to ascertain damages under, what it deter- when not granted to prevent obstruction of win- INTEREST-when allowed on recovery of money had and received, 103. J. JUDGMENT-action to vacate, 238. cannot allow tender to be made afterwards which should be made before trial, 81. effect of offer to allow, within ten days of trial, 90. entered on insufficient affidavit of service of summons is without jurisdiction, 203. JUDICIAL NOTICE-not taken of ordinances establishing width of L. LIBEL-examination of adverse party before trial, not allowed in M. MAIL-service by, 70. MALICIOUS PROSECUTION-in action for, affidavit to obtain ar- rest must set forth evidence of MARINE COURT-execution on judgment of, cannot be enforced by MARRIED WOMAN-Sce HUSBAND AND WIFE. |