ATTORNEY AND CLIENT-right to appear by counsel in proceedings to remove officer, 474. ATTORNEY-GENERAL-nature of proceeding by, to wind up life insurance company, 293. BAIL-in cases of felony, 33. B. BANKING-what superintendent of banking department may require quarterly report to contain, 206. perjury by bank officer in making quarterly reports, 206. liability of banking corporation for misappropriation by its president of a depositor's property, 388. when a bank entitled to bill of interpleader, 394. BILLS AND NOTES-law of place as applicable to; conflict of laws as to usury; delivery of note by deposit in post-office, 76. when note payable to order of cashier, is in law payable to the bank, 76. BILLS OF PARTICULARS-in an action by legatee against executor, what should be stated in, 141. BONDS-issue of duplicate railroad bonds for those destroyed, 253. BROKER-when commissions of real estate broker are payable in land, 147. when real estate broker agreeing to take land for his commissions can recover money value for his services, 147. C. CERTIORARI-against governor, 474. to review removal of officer, 474. to review decision on a writ of habeas corpus, 43. CHALLENGES-nature of; general rules, 14, note. distinction between challenge for principal cause usual grounds of, for principal cause, 17, note. peremptory, 29, note. waiver of, 31, note. to the array, 32, note. CODE OF CIVIL PROCEDURE-§§ 872, 886 (Requisites of affidavit for examination of non-resi dent party before trial), 70. 81347 (Direction of court not ap pealable unless an interlocutory judgment), 212. CONFLICT OF LAWS-distinction between cases arising on the validity of contracts, and those arising on their interpretation, 76. as to usury in bills and notes, 76. CONSIGNOR AND CONSIGNEE-false pretenses distinguished from larceny, 413. CONSTITUTIONAL LAW-power of legislature to tax one person more and in different manner from all others, 238. right to have counsel, 474. CONTRACT-right to materials of old building, in case of building contract, 356. when parol contract for sale of land cannot be disaf firmed by contractee, 147. caveat emptor applies to real property, 356. extra work under building contract, 358. CORPORATIONS-filing certificate of incorporation; what statement it should contain, 258. personal liability of corporators and stockholders for impaired capital, 258. individual liability in, for non-payment of stock, 290. liability of bank for wrongful conversion by officer, 388. COSTS when extra allowance under sections 308 and 309 of Code of Procedure granted, 135. liability of guardian ad litem for, 353. jurisdiction of justice's court-fifty-dollar limit, 434. subpana duces tecum fee, 437. COURT-what is, 474. judicial notice that crossings of streets where horse-cars stop to take passengers, are much frequented, 129, note. COVENANT-by municipal corporation, is subject to power of legislature, 330, note. CRIME—meaning of, in provisions of U. S. constitution for extradition, 43. D. DEBTOR AND CREDITOR-marshaling the assets of several owners, whose securities have been wrong fully pledged, 381. effect of wrongful rehypothecation, 385. DEBTOR AND CREDITOR-duty of debtor to seek for any corporation creditor, 456. DEED-distinction between exception and reservation, 314. DEMURRER-requisites of order overruling; not appealable before judgment thereon, 212. prayer for judgment, not demurrable, 212. DEVISE-what is vested, 438. DISCONTINUANCE-when court may prescribe terms on which an action shall be discontinued, 135. DISTRICT COURTS OF N. Y.-requisites of order in supplementary proceedings, 312. DOWER-favored,-revival by subrogation to protect, 469. E. EQUITY—as between several owners whose securities have been wrongfully pledged, 381. in marshaling assets after confusion and conversion of pledges, 385. EVIDENCE-in habeas corpus proceedings in extradition cases, 43. to impeach action of grand jury, 33. to admit to bail in cases of felony and in capital cases, 33. distinction between testifying to a fact and to an opinion, 104. when courts will take judicial notice, that crossings of streets where horse-cars stop to take passengers, are much frequented, 129, note. use of hypothetical questions in calling for opinion of witness, 129, note. when limiting opinion of a witness to information derived from personal knowledge of the occurrence itself is objectionable, 129, note. what proof of corporal oath to an affidavit necessary to sustain indictment for perjury, 151. when variance between indictment and proof is cured by statute of jeofails, 151. admissibility of proof of presence or absence of flagman at a railroad crossing, 104. when declarations of agent do not bind principal, 181. distinction between evidence of one's being an officer de facto and de jure, 181. presence or absence of flagman at a railroad crossing, a EVIDENCE-presumption of compliance with law in formation of corporation, 258. presumption of official regularity, 238. presumption that policy in favor of wife was taken out by her, 409. proof of lost or destroyed will; privileged communications, 234. EXECUTORS AND ADMINISTRATORS-when executor held to a full disclosure of trust funds in an action by a legatee, 141. when liable for unfortunate investment, 447. EXTRADITION—right to demand; evidence to make prima facie case for; identity of prisoner; meaning of word "crime" in provision of constitution for, 43. F. FALSE PRETENSES-distinguished from larceny, 413. FELONY-bail in cases of, 33. FIRE-ESCAPES-liability of landlord for not providing, 97. FORECLOSURE—parties to; liability of next of kin for a deficiency; effect of laches in delaying, 227. FOREIGN CORPORATION--duty of debtor to seek, 456. FORMER ADJUDICATION-by apportionment of assets in surrogate's court, 447. FRAUD-of consignee in securing consignment, 413. G. GOVERNOR certiorari may issue against, 474. GUARDIAN AND WARD-when guardian, in action by ward, should make detailed disclosure of trust fund, 141. ad litem, personal liability of, for expenses of ineffectual sale, 343. for costs after infant arrives at maturity, 353. H. HABEAS CORPUS-proceedings and evidence upon, in extradition, 43. I. INDICTMENT-presence of prisoner under; not necessary during quashing, for irregularity of grand jury, 33. when defect in, does not affect the judgment after INFANT-power of supreme court as to lands of, 343. INJUNCTION—against actions interfering with distribution of assets INSURANCE-construction of general act for life and health com- individual liability in life companies, 290. when stockholders personally liable if certificate not non-assignability of life policy in favor of wife, 409. where annual statements should be filed, 151. rules applicable to application by stranger for leave J. JOINDER OF ACTIONS-when allowed, although all defendants not jointly connected in every act complained of, 212. JUDGMENT-upon what, motion in arrest of judgment should be made, 151. questions of variance between proof and indictment, not to be raised on motion in arrest of, 151. what is interlocutory judgment, 212. prayer for, not demurrable, 212. JUDICIAL SALES-purchasers to be reimbursed expenses on failure of title; who to bear deficiency, 343. JURY-proper practice in impaneling, 13, note. competency and challenges of, 1. nature and general rules of challenges of, 14, note. usual grounds of challenges for principal cause, 17, note. |