WITH A REFERENCE TO THE SECTIONS OF THE CODE CONSTRUED OR
CITED IN THE REPORTS ISSUED BETWEEN JANUARY 1,
1883, AND JULY 31, 1883.

VOLUME III.

NEW YORK:

S. S. PELOUBET & CO.,

LAW PUBLISHERS AND BOOKSELLERS,

80 NASSAU STREET.

1883.

Sections of the

CONTENTS.

Code of Civil Procedure.

1207

481, 546

3234

1993, 2067,

2070

829

MURTHA . CURLEY...

Demand for wrong judgment will not prevent re-

covery when answer is interposed. Action, when

equitable and in nature of creditor's bill. Trial,

findings and judgment in such actions.

DORR v. MILLS....

Complaint setting out two causes of action on

same claim should be amended. When complaint

should be required to be made more definite and

certain.

COOPER v. JOLLY...

PAGE

1

7

11

When both parties to action are entitled to costs.

PEOPLE v. N. Y. CENTRAL & HUDSON RIVER R. R.

Co.....

SAME v. N. Y., LAKE ERIE & WESTERN R. R. Co... 11

Mandamus; motion to quash application for, not

proper practice; may be granted to compel rail-

road corporation to perform public duties. Rail-

roads are public highways. Duties of railroads to

receive, transport and deliver freight are public.

SPRAGUE . SWIFT....

In an action against one of the joint and several

makers of a promissory note, the plaintiff may

testify to conversations between himself and the

other maker who was then deceased.

34

266, 1780 BROOKS v. MEXICAN NATIONAL CONSTRUCTION Co... 36

When superior city court has no jurisdiction of

action against foreign corporation. In what

cases objection to jurisdiction of superior city

court may be taken at any time.