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Verification, &c. continued. Waiver-continued.
copy of, must be served with of objection that papers not foli.
oed, &c., 857.
of case, 865.
attorney or agent, 311 C. of default, 340 C.
by public officer, as to place of
Warrant, under act abolishing im-
issue in all cases prescribed
by that act, 153 .
demands against, not affected 1848, judgment on, 795.
of attachment. See, Attachment.
for arrest of judgment debtor, 556.
Warranty. See, False warranty.
Waste, action of, abolished, and ac
tion under the code substituted,
who may bring, 108 d.
late husband, 112 p.
of assignor of chose in action may
be a witness, 746 g.
admissions by, 524 f, g.
action for enticing away,
domicile of, 145 d.
lowance in addition to costs,
determined in supreme court,
trial, 749, 497 g.
not entitled to counsel, 409 e.
fees to a party to the action, 617f,
allowance to, in proceedings sup-
punishment of, for disobedience to
change of place of trial for conve-
nience of, 148.
before referee, 497 g.
referee cannot be, in a reference
before him, 498 a.
parties to action may be, 744.
under mechanics' lien law, 746 d.
privileged from arrest, 3610,
punishing, for refusing to testify,
testimony, Account books.
as to, 39.
of injunction, abolished, 397.
of assistance, 826 9, 888 f.
of inquiry of damages. See, Assess
Writings. See, Admission, Discovery
Written instrument, pleadings in ac-
costs in action for construction of,
Wrongful act. See, Death by wrongful
OF THE DECISIONS PUBLISHED SINCE THE FIRST PUBLICATION OF THIS WORK, AND BRINGING DOWN THE NOTES
OF REPORTED CASES TO 1867.
These additional notes contain the decisions reported in
Vols. 26, 27, 28, 29, 30, 31, 32, 33, New York Reports.
41, 42, 43, 44, 45, Barbour's Reports.
8, 9, 10, Bosworth's Reports.
$ 2, p. 18 a. A proceeding by mandamus is an action. (The People v. Lewis, 28 /ow. 172.)
Same section, p. 19 a. A proceeding to vacate a local assessment in the city of New York is not a special proceeding in the sense of the Code. (Re Dodi, 27 N. Y., 629.)
$ 9, p. 21. Where courts may be held in times of epidemic disease, Laws of 1866, p. 347, ch, 174.
$ 10, p. 22 c. The courts of this State have no jurisdiction in an action al law against foreign executors or administrators (Metcalf v. Clark, 41 Barb. 45) nor of an action for injury to real estate out of the State. (Mott v. Coldington, 1 Abb). N. S. 290.)
As to jurisdiction by habeas corpus on a commitment by a court of the United States, see Re Barrett, 42 Barb. 479.
The courts of this State have jurisdiction of torts committed in foreign states, where the defendant is served with process in this State (Hull v. Vreeland, 18 Abb. 182; Latourette v. Clark, 45 Barb. 327; 8. C. is erroneously reported 30 How. 242); and so of an action for a breach of covenant to convey real property situate in a foreign State. (Mott v. Coddington, 1 Abb. N. S. 290.)