............... 288 43 An order of the county court dismissing 68 From a justice's judgment-sufficiency ...... ASSIGNMENT FOR THE BENEFIT Where one co-partner absconds and ATTACHMENT. Under the Code, cannot be issued in an tract BONDHOLDers. Of a railroad company, when bound to 423 CONSTITUTIONAL LAW. 11 224 CONVERSION. When personal property is loaned, to be returned at a certain time, or the value thereof to be paid, the contract is a bailment and not a conditional sale, and a part payment of the price subsequently does not change the contract, and on a demand thereof and refusal to return, an action for conversion will lie....... 432 COUNTER-CLAIM. In the answer not replied or demurred to, does not entitle the defendant to judgment for the full amount, unless the plaintiff fails to establish his clause of action.... 439 D. DAMAGES. The fifth section of the act of congress Stipulated and fixed in a covenant to of March 3, 1863, in reference to a removal of a cause from a state court after verdict, &c., is a violation of the 7th amendment of constitution U. S., and is null and void.. keep secret the principles of a particular invention, prevents an injunction restraining the disclosure of such secret... DEMURRER. .. 382 Where the facts stated in the complaint entitle the plaintiff to relief in equity, a demurrer will not lie, because he has not asked for it in the form in which he is entitled to it........ 181 To complaint, and issue upon, will be disposed of according to the law at the time of the trial of the issue, where it does not appear upon the face of the complaint when the action was commenced.... 335 Defendant in an action of tort, who appears by attorney and puts in an answer, and a trial and verdict is hada guardian ad litem cannot then be allowed for him nunc pro tunc ... 278 INSOLVENT DEBTORS. Where an insolvent firm disposes of its property, even to keep it from their creditors, the assignee or purchaser will not be deemed in equity the trustee of such creditors..... ....... 397 INSOLVENT DISCHARGE. A bar to an action by a citizen of another state, on a contract to be performed here.... 296 INSURANCE. When policy void by reason of a chattel mortgage given on the property without notice to the company-when the insured has no interest in the property at the time of the loss, the policy is void....... 71 When statement in a policy is a warranty in presenti, but not a continuing warranty as to the future use of the build384 ing insured J. JOINT DEBTORS. When process served on one and judgment against both, a second action may be brought against the other, and process served on him only ................................. 218 JUDGMENT. ..... When plaintiff obtains a more favorable judgment than defendant's offer, in an action on a money bond for the penalty, and the offer being to allow judgment for the condition..... 4 The entry of judgment by the clerk before the costs are inserted, is not irregular................... ....... 326 A party moving on account of an irregularity in entering judgment, must do so within a year...... JURISDICTION. ... 326 Will not be conferred on marine court by an unauthorized appearance of an attorney of the supreme court..... 292 When a judge does not lose jurisdiction in supplementary proceedings by the appointment of a receiver....... 360 Of general term supreme court is equal with special term in confirming the reports of commissioners for opening streets........ 180 Of a justice of the peace in a cause is lost, where he fails to render his decision within the time prescribed by statute............ 259 PARTY. Index. Where he attends the trial of his cause solely as a witness, and is examined as such, he is entitled to witness fees, 481 An order for the examination of the ad The judge by appointing a receiver before such proceedings are concluded, does not lose jurisdiction of the proceedings or of the person of the judgment debtor..... 360 SUMMONS. verse party, under § 391, may be al- When the notice in, is under subdivision lowed before trial PAYMENT. 483 2, section 129, the complaint may set forth any cause of action. Otherwise, when the notice is under subdivision 1 of that section.... 385 STREETS. The substitution of a new and different kind of pavement from that existing on a public street, is not a repair of the street, and an assessment may be laid for the expense thereof..... 429 The act of 1855 does not apply to matters preliminary to the commencement of proceedings in assessments....... 429 T. TAXES AND ASSESSMENTS. When the courts will entertain jurisdiction in equity, without any statute authority, to set them aside..... 335 Shareholders in national or state banks are not taxable for such shares... 371 TAX COMMISSIONERS. Comptroller's power of appointment un der the act of 1859, is exhausted on making the first appointment.... 203 U. USURY. A bank making it a condition, on discounting a note for a customer, that he shall keep a portion of the proceeds on deposit in the bank until the maturity of the note, violates the statute of usury....... 280 U. S. STAMP. Not required on a summons issued by a justice of the peace............. 253 V. VERDICT. Of a jury, when will not be disturbed, although not in accordance with the real truth of the case...... 155 |