Sidor som bilder


Verification, &c. continued. Waiver-continued.

copy of, must be served with of objection that papers not foli.
pleading, 306 h.

oed, &c., 857.
out of State, 310 h.

of case, 865.
form of, by party to action, 310 a. of exceptions, 867, 504 g.

attorney or agent, 311 C. of default, 340 C.
effect of omitting, or of defect of provisional remedy, 360 a.
in, 306 f, g.

by public officer, as to place of
by all the defendants, when re trial, 144 a.
quired, 314 c.

Warrant, under act abolishing im-
when corporation is a party, prisonment for debt may now

issue in all cases prescribed
in justice's court, 74 j.

by that act, 153 .
Vessels, proceedings for collection of of attorney, given before July,

demands against, not affected 1848, judgment on, 795.
by the code, 835.

of attachment. See, Attachment.
sale of, on attachment, 423.

for arrest of judgment debtor, 556.
action for hire of, 127 d.

Warranty. See, False warranty.
See, Freight, Owner.

Waste, action of, abolished, and ac
Void order, 776 6.

tion under the code substituted,
Voluntary appearance, 177, 177 d.

See, Appearance.

who may bring, 108 d.

restraining, 824.
Whereby, meaning of, 196 dd.
Widow, cannot assign debts due her

late husband, 112 p.
Wife. See, Husband and wife, Mar.

ried woman.

of assignor of chose in action may
Wager, right of action on, not assign-

be a witness, 746 g.
able, 111 j, 108 i.

admissions by, 524 f, g.
parties, 126 f.

action for enticing away,

See, Stakeholder.

domicile of, 145 d.
Waiver of irregularity in service of Will, action for construction of, deo
notice, 560 j.

lowance in addition to costs,
of iregularity in service of sum-

mons or other paper, 177 C, of real estate, validity of, may be

determined in supreme court,
of irregularity in appointment of
referee, 496 e.

See, Surrogate.
of exemption law, 551 a. Withheld papers, how supplied, 794.
of security on appeal, 660. Witness, horo compelled to attend, on
of motion, 773 a.

trial, 749, 497 g.
of tort and suing on contract, on supplementary proceedings,
179 b.

of appeal, 637 f, 840.

not entitled to counsel, 409 e.
of right to security for costs, 590 d. fees of, for attendance, 577, 616.
of costs of circuit, 606 C.

fees to a party to the action, 617f,
of defect in process, 177 C.

744 d.
of defence, 265, 704 d.

allowance to, in proceedings sup-
of defect in verification of a plead plementary to the execution,
ing, 306 s, 311 6.

as to time to appeal, 645 h.

punishment of, for disobedience to
of objection to a complaint, 265, orders of judge or referee,
255 b.

of objection to referee, 496 e.

change of place of trial for conve-
of objection to arrest, 385 f.

nience of, 148.
of trial by jury, 76 c, 484.

before referee, 497 g.
of jury, 76 c.

referee cannot be, in a reference
of objection to jury, 465 6.

before him, 498 a.
of inquest, 464 €.

parties to action may be, 744.

789 g.

29 c.


interest not to disqualify, 755. wife cannot be, against husband,
examination on foreign commis 745 g, 1746 .
sion, 46.

under mechanics' lien law, 746 d.
service of summons on, 167 f. in divorce cases, 745 l
juror may be, 467 m.

privileged from arrest, 3610,
not entitled to counsel, 563 e.

379 d.
review of order on motion for at contradicting witness, 749 f.
tachment against, 683 j.

punishing, for refusing to testify,
examined on commission may also

be examined on the trial, See, Attesting witness, Perpetuating
766 h.

testimony, Account books.
co-plaintiff or co-defendant may Work and services, complaint for,
be examined as, 752, 758 a.

244 d.
examination of on commission, Wrecks, jurisdiction of county court
756 k.

as to, 39.
conditionally, 748 , 768 b. Writ of ne exert, when it may issue,
by consent, 770 h.

362 c.
on motion, 746 C.

of injunction, abolished, 397.
in supplementary proceedings, of nuisance, abolished, 818.

of assistance, 826 9, 888 f.
in surrogates' courts, 744 e, 756. of error, abolished, in actions, 636,
on trial, 466 d, 860.

in interlocutory proceedings, when proper, 637 a.
746 c.

of inquiry of damages. See, Assess
physician cannot be, in certain ment of damages.
cases, 755 6.

Writings. See, Admission, Discovery
clergy cannot be, as to confession, or Inspection of, 735.
755 a.

Written instrument, pleadings in ac-
metropolitan police, when cannot tion on, 71, 202 6.
be subpænaed as, 756 f.

costs in action for construction of,
assignor of thing in action, 759.

wife of assignor may be, 746 9.

Wrongful act. See, Death by wrongful






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.
Vol. 1, Daly's Reports.
Vols. 17, 18, 19, Abbott's Reports.
Vol. 1, Abbott's Reports, New Series.
Vols. 27, 28, 29, 30, 31, Howard'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.)

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