WITH NOTES
BY AUSTIN ABBOTT.
WITH AN ANALYTICAL INDEX TO ALL POINTS OF LAW AND PRACTICE
AND ALL CODE CITATIONS
THE STANDARD REPORTS OF NEW YORK ISSUED DURING THE PERIOD COVERED
THE DIOSSY LAW BOOK COMPANY, Law Publishers.
Entered according to Act of Congress, in the year 1891,
In the Office of the Librarian of Congress at Washington
Prec, June 29, 1891
VOLS. 1 TO 26 INCLUSIVE OF ABBOTT'S NEW CASES.
[The frequency with which these notes on Subjects of Current Practical Importance are referred to in the drafting of papers and the preparation of briefs, has led to the suggestion that for greater convenience of the practitioner they be indexed thus together, in addition to their enumeration in the respective volumes in which they occur.]
Accounting, necessary before issuing the bond, vol. xxvi, p. 299. Acknowledgment, certificate, vol. xiv, p. 452. Action, distinction between civil and crim- inal, vol. xxiii, p. 115.
distinguished from special proceedings, vol. xxvi, p. 44.
leave to sue, vol. xviii, p. 149.
statutory preliminaries, vol. xxiv, p. 292. preliminary accounting, vol. xxvi, p. 299. concurrent, for same wrong, vol. xxi, p. 7. by employer, to reach products of mental labor of employee, vol. xxiv, p. 23. distinction between legal and equitable ac- tions against trustees, vol. xx, p. 431. taxpayer's action, vol. xxii, p. 86. against fraudulent special assignments and fraudulent preferences, vol. xxii, p. 327. in what cases an action lies merely to estab- lish a right, vol. xxiii, p. 447.
actions of first impression, vol. xxiii, p. 447. equitable action to enjoin legal right, vol. xxiii, p. 472, 483.
to enforce indefinite obligation, vol. xxv, p. 321.
merely for appointment of receiver, vol. XXV, p. 454.
pleading several grounds of recovery, vol. xxiv, p. 326.
Acquiescence, estoppel by acquiescence in wrong, vol. xxii, p. 268; vol. xxiii, p. 145. Agency, by contract, vol. xxvi, p. 262. Agistment, liens, vol. xxiii, p. 246. Alimony, permanent, secured, vol. xxii, p. 58. Amendment, power of court over its own process, vol. x, p. 361.
another action pending as a defense, vol. 26, p. 218.
Appeal, weight of testimony of party or inter- ested witness, vol. i, p. 362.
practice on appealing on exceptions, vol. xxviii, p. 63.
stipulation for judgment absolute, vol. viii, p. 147.
what exception as to non-suit, or direction sufficient, v. xxvi, p. 477.
power of court below, vol. xxiv, p. 162. re-instatement; restitution, vol. xxiv, p. 239. Arrest, title to deposit as security, vol. xviii, p. 323.
discharge from imprisonment, in civil cases, vol. xviii, p. 229.
who preferred as employees, vol. xxv, p. 377. 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. Attorney and client, attorney's liens, vol. xxiii, p. 246; vol. xviii, p. 23. enforcing, vol. x, p. 391.
Attorney, compelling to disclose client's ad- dress, authority etc., vol. xxvi, p. 118. Bailment, bailee, vol. xxiii, p. 246.
Bigamy, mode of proving marriage, vol. xvii, P. 494.
Bill of Particulars, distinguished from mo. tion to make definite, vol. xxv, p. 131. Boundaries, acquisition of riparian rights, vol. xvi, p. 203.
Boycott, and strikes, vol. xxiv, p. 260. Broker, lien of, vol. xxii, p. 246.
right to commissions, vol. xxv, p. 209. Burial, authorities as to, vol. xviii, p. 75. Cancellation of settlements, vol. xiv, p. 11. Carrier's lien, vol. xxiii, p. 246.
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, p. 472, 483.
pleading several grounds of recovery, vol. Court, power, over own process, vol. x, p. 361. xxiv, p. 326.
time of accrual, vol. xxvi, p. 3.
what is the same cause of action and its state- ment in two separate forms, vol. xxiv, p. 326. Certiorari, to review assessment, vol. xx, p. 49. Clubs, actions affecting, vol. iv, p. 300; vol.
xvii, p. 112; vol. xv. p. 44.
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. xviii, p. 229. Contract, stipulation to satisfy, or to perform to satisfaction of party, vol. xviii, p. 48. indefinite contract enforceable, vol. xxv, p 321.
wagering contracts, vol. xiv, p. 480.
transfer of fire risk under a contract to purchase, vol. xxiii, p. 449.
clerk, servants, salary, wages, etc., vol. xXV, p. 376.
compelling performance of an indefinite obli- gation; vol. xxv, p. 321.
election once made is gone forever, vol. xxiii, p. 145.
rescission of, vol. xiv, p. 301.
conditions subsequent considered as exon- erating 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. 377.
who bears taxes on property sold, vol. xxiv, p. 136.
Corporation, ultra vires, vol. iv, p. 56.
distinguished from members, vol. xxv, pp. 21, 427.
rights of minority of stock, vol. xxv, p. 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. 337.
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 disso. lution, 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
Costs, allowance of, vol. xi, p. 217.
to several defendants, vol xxiv, p. 379. receiver appointed to vote on stock, vol. xxv, p. 274
awarding separate costs to several defendants, vol. xxiv, p. 374.
power after appeal, vol. xxiv, p. 162. re-instatement: restitution, vol. xxiv, p. 239. Covenant, running with land, vol. xiii, p. 114. time of accrual of cause of action, vol. xxvi, p. 3.
Creditor's Action, for attaching creditor be- fore judgment, vol. xxiii, p. 9.
right of creditor to reach trust, vol. xvi, p. 20. duty of assignee for creditors, of executors and administrators, and of receivers, as to fraudulent special assignments and frandu- lent preferences, vol. xxii, p. 327. rights of third person, vol. xvi, p. 59. instructions to a jury, vol. xxii, p. 112. carriage of decree, vol. xxvi, p. 175. Damages, measure of, in telegraph cases, vol. vii, p. 154.
for breach of agency of contract, vol. xxv, P. 262.
in elevated railroad cases, vol. xxvi, p. 84. Debtor and Creditor, right of secured creditor, vol. xxv, p. 84.
statutory act of secured creditors to prove for the whole, 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 fore- closure, vol. iv, p. 89.
stipulations for restraints on use running with the land, vol. xiii, p. 105.
conditions subsequent considered as exon- erating a purchaser. vol. xxiii, p. 416. Demand, statutory requirements of demand
before suit or audit, etc., vol. xxiv, p. 292. Deposits, title to money in lieu of bail, etc., vol. xviii, p. 323.
Discovery, disclosure of client's address, etc. by attorney, vol. xxvi, p. 118. Divorce, domicil for purposes of, vol. x, p. 333. impotency, vol. viii, p. 187.
mode of proving marriage, vol. xvii, p. 494. Domicil, for purposes of divorce, vol. x, p. 333. Election of Rights and Remedies, under con-
tracts, wills, statutes, etc., vol. xxii, p. 145. between contract of several and frand of one, vol. iii, p. 92.
Election of Officers, power of court over canvass of vote, vol. xx, p 24.
Estoppel, election once made is gone forever, vol. xxiii, p. 145.
Equity, equitable actions to enjoin the exercise of a legal right, vol. xxiii, p. 472. compelling performance of an indefinite obli- gation, vol. xxv, p. 321.
Evidence, of dedication, vol. ii, p. 400. inquisition of lunacy, vol. iii, p. 282. legislative intention in passing statute, vol. ii, p. 372.
judicial notice, vol. x, p. 116.
mode of proving marriage, vol. xvii. p. 494. unexplained casualty, vol. x, p. 205. proving telegrams, vol. xiv, p. 394.
extrinsic, 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.
proving lost record, vol. xxi, p. 367. admissions in pleading as narrowing the issue or as evidence, vol. xxiii, p. 394. of facts occurred pending suit, v. xxvi, p. 19. Examination, of party before trial, vol. i, p.
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, &c., vol. xxvi, p. 477.
Execution, enforcing common-law judgments in U. S. courts, vol. xx, p. 149.
discharge from imprisonment on, vol. xxiii, p. 229.
superintending enforcement of decree, vol. XXV, p. 268.
exemption for laborers, etc., vol. xxv, p. 377. Executors and Administrators, situs of debts, vol. xix, p. 403.
duty as to the remedy of creditors against fraudulent special assignments, and fraud- ulent 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. accounting before suing on boud, vol. 26, p. 299.
executor distinguished from trustee, vol. 26, p. 303.
Factor, lien of, vol. xxiii, p. 246; action to charge with trust, vol. xiii, p. 334; vol. xviii, p. 122.
False Imprisonment, time of accrual of cause of action, vol. xxvi, p. 3.
Fire, liability for spread of, vol. xxii, p. 379. Foreign corporations, locality of, vol. xii, p.
jurisdiction of, vol. xviii, p. 435.
Forf iture. of charter, and survival of fran- chises, vol. xxii, p. 2.0.
Former adjudication, effect as determining a right of election, vol. xxiii, p. 147. effect of findings of fact, Id., p. 282. as a defence, vol. xxvi, p. 218. 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 Cred- itor s Action, above.
Guardian, accounting before suing on bond, vol. xxvi, p. 299.
Highways, obstruction of, vol. xii, p. 152.
obstructions of, for business purposes, vol. xvii, p. 129.
Husband and Wife, legal identity of, vol. xii, p. 302.
tenancy by the entirety. vol. xxiv, p. 229. effect of married women's acts, vol. vii. p. 310.
abandonment of wife, vol. xx, p. 307.
Indictment, quashing, vol. xviii, p. 99. Injunction, right of a taxpayer to enjoin official misconduct, vol. xxii, p. 86. actions to enjoin legatee from taking by his own wrong, vol. xxiii, p. 472. Insane, competency of witness, vol. iii, p. 326. Insolvency, statutory act of secured creditors to prove for the whole. vol. xxv, p. 84. Insurance (fire), transfer of fire risk under a contract to purchase, vol. xxii, p. 349. right of a beneficiary in life policy, vol. xvii, P. 21.
who bears fire risk pending a contract to pur- chase, vol. xxiii, p. 349.
actions to establish the right of the insured, vol. xxiii, p. 447. Intervening, vol. vi, p. 304.
Invention by employee, rights of employer as to, vol. xxiv, p. 23.
Joint debtors, release to one of several debtors, vol. xxiii, p. 194.
Judgment, interlocutory, vol. xxi, p. 347. trial and judgment by referee, vol. xxii. p. 8. special clauses, in parti ion, vol. xx, p. 102. leave to sue on, voi. xxiv, p. 292.
remedies in actions on, vol. xx, p. 221. opened, but standing as security, vol. xxv, p.
as to merger of cause of action by former re- covery, vol. xxiv, p. 331.
superintending the execution of an adjudica- tion, vol. xxv, p. 268.
defendant's motion for, vol. xxvi, p. 175. Judicial sale, doubtful title, and what oral evidence supplies defect in record, vol. xxii, p. 397.
Landlord and tenant, effect of holding over, vol. xxi, p. 309.
liability for condition of apartment house, vol. xx, p. 330.
liability for personal injury by premises, vol. xxiv. p. 185.
Lease, for mining or exploitation, vol. xxvi, p. 201.
Leave to sue, statutory requirements of leave to sue, vol. xxiv, p. 292.
Legacies, action to enjoin legatee from taking by his own wrong, vol. xxiii. p. 472. Limitations, amendments to statute of, vol. x, p. 322.
time of accrual of cause of action, vol. xxvi, p. 3. Lis pendens, as a defense, vol. xxvi, p. 218. Literary property, of employee, vol. xxiv, p. 23.
Marriage, mode of proving, vol. xvii, p. 494. Married women, contracts of, before the act of 1884, vol. iii, p. 180.
married women's acts, vol. vii, p. 310. Master and servant, rights as to servants in- vention, etc., vol. xxiv, p. 23.
liability for injury by servant, vol. xxiv, p.
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