Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ...

WITH A REFERENCE TO THE SECTIONS OF THE CODE OF CIVIL PRO
CEDURE CONSTRUED OR CITED IN THE OPINIONS CONTAINED IN

THE FOLLOWING REPORTS, ISSUED DURING THE PERIOD COV-
ERED BY THIS VOLUME: NEW YORK REPORTS, VOL. 94;
HUN'S REPORTS, VOL. 31; ABBOTT'S NEW CASES,

VOL. 13; HOWARD'S PR. VOL. 66; N. Y.

SUPERIOR COURT REPORTS, VOL. 49;

DALY'S COMMON PLEAS REPORTS,

VOL. 10; AND N. Y. CIVIL PRO-
CEDURE REPORTS, VOL. 5.

VOLUME V.

NEW YORK:

S. S. PELOUBET,

LAW PUBLISHER AND BOOKSELLER,

80 NASSAU STREET.

1884.

Sections of the

CONTENTS.

Code of Civil Procedure.

Contempt. Insolvent person justifying as surety
to undertaking is guilty of.

METROPOLITAN CONCERT GARDEN Co. v. ABBEY... 26

Power of court to relieve client from stipulation

made by attorney.

MERCHANT v. SESSIONS..

Attorney's lien for costs is not affected by client's

24

general assignment.

66

In re BAILEY.............

253

Costs belong to attorney.

Receiver of corporation

66

who has received costs recovered in an action

against the corporation, when required to pay them

to its attorney therein.

COSTER v. GREENPOINT FERRY Co......

Attorney's lien for costs. Notice of, unnecessary.

Same subject. When attorney's lien prevents set

off of judgments.

66

Carleton v. Carleton (note)....

153

Set off of judgments denied, when one is for costs

Attorney may take assignment of judgment, for

fees, and sue on undertaking given to secure it.

GESCHEIDT v. QUIRK....

Defense that attorney bought claim for purpose of

bringing action.

[iii]

38

Limitation to action between partners for account-

ing when agreement under seal.

399

BURGETT v. STRICKLAND....

276

Limitations to actions. What rule of, governs.

276

401, 414 LONDRIggan v. N. Y., N. H. & H. R. R. Co...... 76

Absence of defendant from State, does not extend

time limited for bringing action for causing death.

BURGETT v. STRICKLAND

Limitations to action. What amounts to commence-

ment of action within two years after Code of Civil

Procedure took effect.

414

424, 440, 442 THISTLE v. THISTLE....

......

43

447

Appearance of infants by guardian ad litem cures

defect in service of summons.

MEIGS v. WILLIS.....

106

When person claiming adversely to plaintiff, not

proper defendant in action to forclose mortgage.

NOTE ON PARTIES DEFENDANT IN ACTION TO FORE-

Joinder of parties, etc. in action for ejectment.

HILTON V. SINSHEIMER.

Fictitious name. New York Court of Common

Pleas may amend judgment of district court after

filing of transcript with county clerk, by correct-

ing name of defendant. Description of person des-

ignated by fictitious name, when not necessary.

Estate of TILDEN, deceased......

449

452

458

Section 452 of the Code, relative to bringing in

new parties, does not apply to surrogate's court.

ERICKSON. POEY.....

379

Infant, suing by guardian ad litem, may maintain

action in forma pauperis.

468, et seq. SEGELKen v. MEYER......

1

469

When infant should sue by guardian ad litem.

Matter of MAUG......

162

Irresponsible person not appointed guardian ad

litem.

Sections of the

Code of Civil Procedure.

HAYES v. SECOND AVE. R. R. Co......

......

When order appointing guardian ad litem not va-

cated on account of his poverty.

BALDWIN v. DOYING....

...

Pleading. Instance of sufficient allegation of

notice of demand and non-payment in action on

promissory note against endorser.

POLLEY V. WILKISSON....

Causes of action belonging to different subdivisions

of section 484 of the Code of Civil Procedure may

be united, if they arise out of same transaction.

WELCH v. PLATT......

Pleading.

When complaint sets forth single

cause of action. Effect of setting up one cause of

action in complaint as two.

495, 498, 499 MATTHEWS v. STIETZ....

When action properly brought by surviving mem-

ber of firm. Objection that plaintiff has not ca-

pacity to sue, when taken by demurrer.

Answer; form of denials in; may contain denial

and also new matter in avoidance.

500

HENDERSON v. MANNING......

221

Denial on information and belief of each and

every allegation in the complaint is sufficient gen-

eral denial.

Denial of "any information sufficient to form a

belief as to the allegations of the complaint" is

not good denial.

RICHARDS v. FUECHSEL...

In action for goods sold and delivered, defendant

may deny on information and belief.

430

MACAULEY v. BROMELL & BARKLEY PRINTING Co. 431

Corporation may deny on information and belief.

PRATT M'F'g Co. v. JORDAN IRON & CHEMICAL Co.. 372

Answer by corporation stating that it answering

upon information and belief, alleged that it denied,

etc., held insufficient.

521

MEIGS v. WILLIS

106

A defendant has no right to claim a final disposi-
tion of a claim adverse to another defendant, if he

Books

Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Volume 5