INDEX TO NOTES.

ABATEMENT AND CONTINUANCE OF ACTIONS-
Practice in Surrogate's Courts, 120.

ANSWER-

Pleading former adjudication is defective unless it
alleges that judgment was upon the merits, 24.
COMPLAINT-

What is sufficient allegation of performance of condi-
tions precedent. Use of word "duly" word of sub-
stance and not merely of form, 5.

Setting forth two or more causes of action, 293.
CONTRACT-

Condition precedent what is. Application of section,
533: Code of Civil Procedure, 5.

CORPORATION-

Who may apply for a receiver. Title of receiver.
When receiver not appointed. Supplementary Pro-
ceedings against a foreign corporation, 353.

COSTS-

Non-payment of costs of prior action, effect of, 24.
When shall be allowed, 105.

The Court has power to set off interlocutory costs, 296.
Motion costs in actions and Special Proceedings, 296.
Non-payment of, not a stay, 296.

To abide the event upon condition, 296.

When judgment for motion costs cannot be entered, 296.
DISBURSEMENTS-

When allowed, 105.

EXCEPTIONS-

An exception must be taken to each proposition sepa-
rately, 277.

Value of exceptions taken during trial on appeal, 277.

399

EXECUTOR AND ADMINISTRATOR-

Actions against, either personally or in representative
capacity, 293.

INTEREST-

Where the breech is conditioned upon an act, no in-
terest can be calculated; but otherwise if bond is con-
ditioned for the payment of money only, 49.
JOINDER OF PARTIES-

See executor, 293.

JUDGMENT-

Dismissal of complaint-non-suit. Trial upon the
merits. Dismissal of complaint on the merits for
failure to pay costs and serve an amended complaint
after a demurrer is sustained. Remedy for erroneous
insertion of word "merits," 24.

LLOYDS FIRE INSURANCE-

The complaint must follow terms of policy, 166.
Liability of underwriter, 166.

MISJOINDER OF ACTIONS-

Court has power to separate causes of action improperly
joined, 397.

PROOF OF CLAIM-

The requirements as to, is to prevent imposition upon
estates and confers no jurisdiction, 105.

SECURITY FOR COSTS-

In certain cases discretionary, 176.

How order may be granted, 176.

SURROGATE'S COURT-

Presumption of jurisdiction in collateral attack, 316.

TAXPAYERS' ACTION—

When maintainable, 209.

TRIAL-

When trial is on the merits, 24.

GENERAL INDEX.

ACCOUNTING—

By guardian ad litem. Death of general guardian who
instituted proceedings. Continuance of real party in
interest. Failure to file exceptions to referee's report,
115.

See Administrator, 241.

ADMINISTRATOR'S ACCOUNT-

New accounting at the instance of person not a party
to former accounting, 241.

AGREEMENT-

By party, since deceased, that another should have and
be entitled to all his property may be enforced in
equity, 283.

When not void for uncertainty, 283.

AMENDMENT-

The Court has power to correct by amendment, a mis-
description or a mistake, 122.

APPEAL-

Errors of law or procedure must be corrected by appeal,
129.

ATTORNEY AND CLIENT-

Enforcing agreement between, 326.

ATTORNEY'S LIEN-

Secret settlement between parties, 326, 336.
Agreement for fifty per cent. of recovery. Secret settle-
ment between parties, 326, 336.

BOND-

Construction of. Measure of damage for breach, 41.

BURDEN OF PROOF-

In judgment creditor's action, is on plaintiff, 6.

CODICIL-

See Will.

CONSTITUTIONAL LAW-

Appointment of Magistrates for the Borough of Brook-
lyn under Laws of 1901, 77.

COMMITTEE OF LUNATIC-

When first account will not be considered on appeal, 145.
The first duty of, 145.

The burden of proving services, 145.
Allowance of, 145.

COMPLAINT-

Demurrer to complaint overruled, 278.

Judgment overruling demurrer to complaint affirmed,
278.

In action on a fire policy, when insufficient, 1.

CONVEYANCE-

Without consideration. Will not be set aside without
evidence of fraud, 6.

CORPORATION-

The resignation of an officer of a private corporation
becomes valid without acceptance. Service of process
upon officer after resignation, 348.

When the resignation of officers of, is illegal, 357.

COSTS-

Payment of costs of unsuccessful motion before being
heard on a renewal, 294.