THE STANDARD REPORTS OF NEW YORK ISSUED
DURING THE PERIOD COVERED BY

THIS VOLUME.

VOL. XXXI.

Publis.

1894.

NEW CASES

SELECTED CHIEFLY

FROM

DECISIONS OF THE COURTS

OF THE

STATE OF NEW YORK.

WITH NOTES

BY AUSTIN ABBOTT.

WITH AN ANALYTICAL INDEX TO ALL POINTS OF
LAW AND PRACTICE

AND ALL CODE CITATIONS

CONTAINED IN

десять

THE STANDARD REPORTS OF NEW YORK ISSUED
DURING THE PERIOD COVERED BY

THIS VOLUME.

VOL. XXXI.

NEW YORK:

THE DIOSSY LAW BOOK COMPANY,

Publis.

1894.

51

1

Entered according to Act of Congress, in the year 1894,
BY AUSTIN ABBOTT,

In the Office of the Librarian of Congress at Washington.

Rec. Aug. 30, 1894

INDEX

TO THE

PRINCIPAL NOTES IN VOLS. 1 TO 31 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.

1

xxxi, p. 191.

Accounting, action for, and discovery, vol. | Acquiescence, estoppel by acquiescence in
wrong, vol. xxii, p. 268; vol. xxiii, p. 145.
Ademption of legacy, vol. xxx, p. 237.
Administration, settling estate by contract,
vol. xxxi, p. 92

necessary before suing on executor's bond,
vol. xxvi, p. 299.

Accounts, distinction between action on an
account and action for an account, vol.
xxviii, p. 236; vol. xxxi, p. 191.
Acknowledgment, certificate, vol. xiv, p. 452.
Action, distinction between civil and criminal,
vol. xxii, p. 115.

distinguished from special proceeding, 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.
for accounting, and discovery in aid thereof,
vol. xxxi, p. 191. And see vol. xxviii, p.
236.

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, pp. 472, 183.

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.

set off by defense or by action, vol. xxix, p.
209.

as to private right in public place, elevated
roads, etc., vol. xxx, p. 310.
remedy for wages, and for wrongful dis-
charge, distinguished, vol. xxxi, p. 348.

Adoption, law of succession as affected by the
adoption of children, vol. xxix, p. 49.
Agency, by contract, vol. xxvi, p. 262. ✓
Agistment, liens, vol. xxiii, p. 245.
Alimony, permanent, secured, vol. xxii, p. 58.
Amendment, power of court over its process,
vol. x, p. 361.

Another action pending, as a defense, vol.
xxvi, p. 218.

Appeal, weight of testimony of party or inter-
ested witness, vol. i, p. 362.

practice as to in N. Y. City Court and from
that Court to the Common Pleas, vol. xxvii,
p. 93.

practice on appealing on exceptions after the
trial, vol. xviii, p. 63.

power to allow exceptions to be noted after
time when taken, vol, xxvii, p. 2.

papers necessary to print; and effect of
stipulation varying, vol. xxxi, p. 173.
stipulation for judgment absolute, vol. viii,
p. 147.

what exception as to non-suit or direction
sufficient, vol. 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.

Assessments, practice on certiorari to review,
vol. xx. p. 49.

times for correcting, vol. xxiv, p. 136.
recovering back illegal assessment, vol. xxvi,
p. 350,