Sidor som bilder

Plank roads, proceeding to lay out, is Pleadings in courts of record-contin'd.
a special proceeding, 18 c.

allegations of time, place, quan-
appeal from, 680 i.

tity, quality, and value, 322,
Pleadings, in courts of record, forms 323.
of, abolished, 179.

copies served, may be treated as
sufficiency of, to be determined true copies by the opposite
by the rules prescribed by the

party, 267 c.
code, 179.

objecting to, on trial, 465 g.
by corporations regulated, laws to state names

of persons,
1864, ch. 422.

323 e.
lost or withheld, place of, how

conditions precedent, how plead-
supplied, 794.

ed, 327.
the complaint, 184, 185.

in action or defence founded on
See, Complaint

instrument for the payment of
the demurrer, 255.

money, 327.
See, Demurrer.

private statutes or rights deriv-
the answer, 266.

ed therefrom, how pleaded,
See, Answer.

the reply, 302.

libel and slander, how stated in
See, Reply.

complaint, 328, 225 e.
general rules of, 305.

answer in actions for libel and
mistakes and amendments, 339.

slander, 329.
See, Amendments.

in actions to recover property
to be subscribed, 305, 306 a.

distrained doing damage, 331.
subscription of, 306 a.

what causes of action may be
to be verified, except demurrers, joined, 332.

allegations not denied, when
how verified, 307.

deemed true, 337.
when verification may be omit new matter in answer (not å
ted, 308 a.

counter-claim) is to be deemed
when agent or attorney may

controverted as upon a direct
make the verification, 309 e.

denial or avoidance, 337.
form of verification by the party,

the like of new matter in a re-

ply, 337.
attorney or agent, 311 e.

cannot be used as evidence in
verification, before whom, 311 6. criminal proceedings, 307.
omitting verification, 306 f, g, h. to be legibly written, 314 e, 857.
defective verification, 306 f, g, h. folios to be marked, 314 e, 857.
verification by all defendants, each cause of action or defence
314 c.

to be separately numbered,
to be in English, 314 e.

writing, numbering, and endor discovery to enable party to pré-

sing, 314 e.
how an account is to be stated

party may be sued by a fictitious
in, 315.
copy account to be furniished, errors and defects not affecting

substantial rights, to be disre-
further account may be ordered, garded, 357.

supplemental pleading, when al-
bill of particulars, court may or.

lowed, 357.
der to be furnished, 315.

when amended, to be answered
to be liberally construed, 316.

anew, 263, 344.
irrelevant or redundant matter court to be furnished with copy
to be struck out of, 320.

of, 471.
indefinite or uncertain, pleading to be filed, 791.

may be ordered to be made copies of, not to be given out in

more definite and certain, 320, divorce cases, 901.
judgments and determinations, using as affidavit, 409 j.
how pleaded, 326.

admissions in, 338 b, 304 f.
denial that judgment or deter reading in evidence, 338 f.
mination was duly given, ef-

motion for judgment on, 304,
fect of, 326.


310 a.

pare, 855.

name, 356.


Preliminary injunction. See, Injuno-
defective, should be returned, and tion.

not treated as nullities, 256 f, Preliminary objection on motion,
306 g, 857.

774 b.
in justices' courts, 70.

Premium note, complaint in action
in actions against foreign corpora upon, 211 g.
tions, 800 f.

counter-claim against, 295 C.
in actions against corporations, Fresident of corporation, not bound to
Laws 1864, Ch. 422.

produce books, &c., of corpo
See, Amended pleading, Answer of ration, 747 c.

Title, Answer, Complaint, De- Presumption of payment, 90 c, 96 C.
murrer, Reply, Supplemental of possession, 93.

Priest not allowed to testify to certain
Points defined, 843 6.

matters, 755 a.
to be printed, 841, 875.

Principal, liability of for act of agent,
to be furnished, 875, 843.

facts deemed established to be and surety joined as defendants,
stated on, 875, 843.

131 c.
Police. See, Metropolitan police.

counter-claim between, 295 d.
Policy of insurance,complaint on,224i. Prisoner. See, Imprisoned condict, Im-
consolidating actions on, 335 h.

prisoned debtor.
Polling the jury, 470 l.

Private roads, 41 a, 692 f.
Poor persons, suits by, not affected Private statutes, how pleaded, 328.
by the code, 835.

Privilege from arrest, 361 a.
cannot appeal in forma pauperis, Proceeding. See, Special proceeding.
637 6.

Process out of justices' courts, provis-
not required to give security for ions of code as to service on
costs, 587 c.

corporations applied to, 72.
Port warden and Pilot Act, actions execution to be deemed, 526.

for penalties under, 120 b. notice of no personal claim is not,
Possession of land, when presumed, 93.

summary proceedings to recover, attachment under the code, is it?
not affected by the code, 835.

416 d, 420 6.
summary proceedings to recov indorsement on certain, 377 C, 853,
er, appeal from justice's decis-

534 f.
ion to county court, 40 b.

duty of sheriff and coroner as to,
of personal property, action to re-

cover in justice's court, 51. return of, how compelled, 852.
action to arrest in 368 c.

assignment of right of action for
of real property, when presumed, 93. abuse of, 111 l, m.
adverse, 93.

See, Summons.
Possibility, assignment of, 109 h, 111 h. Production and discovery of books, pa-
Postage, to be paid on papers served pers, &c., 735.
by mail, 789 C.

application for, in what cases,
Postponement, costs on, 619.

741 f, 855.
at circuit, 466 6.

petition for, what to state, 855.
See, Adjournment.

order for, what to specify, 855.
Poundage, sheriff

, when entitled to, appeal from order, 681 o.
and amount, 535 f.

operates as a stay of proceed-
Practice, all inconsistent with the ings, 856.
code repealed, 833.

referee cannot order, 499 b.
in cases not provided for, 832.

will be ordered on referee's cer-
Preference, motions to vacate or mo tificate, 739 C.

dify a provisional remedy to of documents or chattels on the
have, 778.

trial, 468 k.
appeals from orders allowing pro of books, &c., on trial, 747 a.

visional remedies to have, 778. See, Admission, Inspection, and Dis-
of appeals, 27.

cases, 27.

Profert and oyer, in pleading, 250 €.
of causes in first district, 909. Prohibition not affected by the second
of motions in first district, 910.

part of the code, 834.


Provisional remedies-continued.
on filing return to, rule to plead the provisional remedies mention-
may be entered, 877.

ed in the code are not “spe-
review of judgment in, 637 a.

cial proceedings,” 649 e.
Promise to pay debt of another, how are not the ordinary proceedings
to be alleged, 204 d.

in an action, 790 C.
Promissory notes. See Bulls and notes. appeals to general term from or-
complaint on, 209 a.

der granting or refusing, 679.
Proof of service of summons, 175, 856. issue ex parte, 790 e.

of commencement of action, 100 a. motion to vacate or modify, to
of notice of affirmance or reversal

have a preference, 778.
of judgment, 844.

appeals from orders allowing, to
of motion, when counsel to en-

have a preference, 778.
dorse his name on, 878.

See, Arrest, Attachment, Claim and
of laws of other States, &c., 795.

Delivery, Injunction, Receivers,
of public records of other States, Remedies.
796 b.

Public nuisance. See, Nuisance.
of plaintiff's demand, 445 e. Public officer, actions against, where
of no answer received, 443 b.

.to be tried, 144.
of execution returned unsatisfied, actions by and against, how
561 a.

brought, 117 b.
of filing notice of lis pendens, 884.

when liable to arrest, 363.
of service, where party serving is who is, 368 d.
dead or insane, 787 f.

complaint, by and against, 189 c.
of citizenship, &c., by applicant rights of, as to place of trial, 144.
for admission as an attorney,

waiver of rights of, as to place of

trial, 144 a.
of charter of city of New York, confession of judgment by, 723.,

delivery up of books by, 46 d.
of land patent, 796 d.

abatement of action by or against,
of incorporation of foreign corpo-

137 c.
'ration, 796 e.

See, Oficer.
of records in court of Canada, records, of foreign State, how proved,
796 e.

796 b.
of inferior courts, 796 e.

statute, how pleaded, 236.
of corporation ordinances, 796 e. Publication of appointment of terms
of records in supervisors' office, of supreme court, &c., 35.

of terms of county courts, 42.
office of collector of customs, of legal notices, time for, 795.

of notice of motion for leave to is-
See, Like Proof

sue execution, 523.
Property, the word defined, 832. of advertisement, how proved, 175,
sold and delivered, complaint for, 176 a, 795.
220 e.

service of summons by, in what
causes of action for injuries to,
and the person, may be joined

affidavit on order for, to be filed,
in one complaint, 332 d.

distrained doing damage, answer copy summons and complşint
in action for, 331.

to be mailed, 172 e.
arrest in action for taking or de personal service out of State,
taining, 363, 368 e.

171 a.
execution against, 526.

when defendant allowed to de-
exempt from execution, 548 b.

fend after, 169.
ordered to be applied to execu complaint must be filed, 169,
tion, 568.

173 a.
appeal from judgment for sale or need not be published, 172 f.
delivery of, 665.

time to answer after publica-
disposal of, 723.

tion, 175 a.
See, Personal property, Real property. when service complete after, 175.
Provisional remedies, 360, 431.

proof of, 175.
waiver of, 360 a.

application for judgment after,

442, 447 e, f, 859.

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796 6.

796 e.

cases, 167.

e, 282 6.


Purchaser. See, Vendor.

Real name, when not known, party
at judicial sale, 660 h, 653 i, 681

may be sued by fictitious, 356.
8, 9, 682 6, 683 i, 815 j, 887 m. Real party in interest, who is, 101 b.

defence that plaintiff is not, 109

See, Party in Interest,
Real property, definition of, 831.
out of the State, actions respecting,

Qualifications of bail, 382.

of benevolent, charitable, scientific,
Quantity and quality, when to be al or missionary societies, or or-
leged in pleading, 323 c.

phan asylums, supreme court
Question of fact, 194 a.

may order lease or sale of, 29 C.
arising on motion or otherwise,

testing validity of, 29 e.
references to ascertain, 489,

action for fraud in sale of, 56.
493 c.

action by grantee' of, in name of
trial of, by court or jury. See,

his grantor, when allowed,

appeal on. See, Appeal.

bringing in parties in action to re-
court will not hear extended

cover, 139.
discussion on, 843, 875.

arrest in action for recovery of,
of law, 195 d.

371 j.
mixed of law and fact, 195 m.

general provisions relating to ac-
of practice, review of, in N.

tions concerning, 819.
mon pleas, 923.

title to, sold under judgment, after-
Quo warranto, writ of, proceedings

wards set aside, 169, 542, c.
by information in the nature

costs in actions to recover, 591.
of, abolished, and action sub wheh title to, in question, 592,
stituted, 801.

place of trial of action in nature lien on, by attachment, 422 9.
of, 145 a.

lien on, by judgment, 69, 70, 84,

47 a.
adjudged to be sold, where to be

sold, 890, 527.

sale and redemption of, on execu-

tion, 542 k.

actions to determine conflicting
Railroad, through Indian lands, coun-

claims to, 817.
ty court has jurisdiction of, 39.

general provisions as to actions
corporation, where resident, 145 6.

relating to, 819.
service of summons on, 163 a.

time for commencing actions for
act, complaint on, 240 C.

trespass on, 97.
bond, complaint on, 208 a.

for the recovery of, 91.
mortgage, complaint on, 240 f. entry on, 92.
company, complaint against, 240 d,

partition of, 810.

sale of, where to be had, 527.
appeal from award for lands taken summary proceedings to recover
for, 679 d, 654 j.

possession of, 40 6, 689 d.
Rate of damages, what recoverable,

adverse possession of, what is, 93,

Real estate, when a justice's judg-

notice of lis pendens in actions af-
ment is a lien on and may be

fecting, 160, 853 a.
enforced against, 69, 84.

place of trial of actions relating
judgment lien on, 518.

to, 143.
levy on and sale of, on execution,

See, Conflicting claims, Ejectment,

Partition, Infant, Real Estate,
proceeds of, belonging to infants,

Religious corporation, Habitual
how disposed of, 882.

drunkard, Lunatic, Person of
See, Real property, Religious corpo-

unsound mind, Forcible En-


236 j.

540 f.

796 e.


Re-argument of appeal, 678 g. Recognizances-continued.
Reasonable time, what is a, 250 f. complaint on, 240 g.
Re-assignment of thing in action, costs of action on, 591, 596 g, h.
114 b.

See, Forfeited recognizances.
Rebutting testimony of party called Record, amendment of, 353 g, h, 354 e,
as a witness, 749, 749 f.

Receiver, in what cases he may be ap of foreign State, how proved,
pointed, 431.

796 e.
when and how appointed, 432 a. of courts in Canada, how proved,
when he will be appointed, 433 i.

796 e.
general powers of, 438 a.

of inferior court, how proved,
who may act as, 434 c.

796 e.
is an officer of the court, 434 e. of supervisors' office, how proved,
taking property from possession
of, a contempt, 434 e.

of office of collector of customs,
when title vests in, 434 f.

how proved, 796 e.
delivery of property to, 434 h. See, Judgment-roll.
represents creditors, 435 a. Recorder, orders of, how reviewed,
compensation to, 435 6.

chargeable with interest, 435 f. Recorder of Troy, may issue order
accounts of, 435 g.

in supplementary proceedings,
order on, to discharge liens, 435 i.

560 a.
suits by and against, 435 j.

jurisdiction of, 37 C.
what attorney he is to employ,436f Recorder's court jurisdiction of, 44.
change of, 436 9.

removal of proceedings from, 41f,
when to be defendant, 130 f.

discharge of, 437 C.

power of, to order production of
in mortgage cases, 437 e, 888 n. documents, 736 C.
over real estate, 433 r, 820 g.

appeal from, to supreme court,
in actions to close up partnership

concerns, 437 h. 824 g.

orders of, 678.
of insolvent or dissolved corporations, Recording mortgage before sale in

rights, powers, and duties of foreclosure, 891.
433 c, 438 a.

Recoupment, claim of, must be plead-
under revised statutes, 439 a.

ed, 289 d.
of insolvent mutual insurance com See, Counter-claim.

Recover, meaning of the term, 419 g,
costs in actions by and against,

596 b.
437, 623 6.

Recovery, set-off of, 714.
of lunatic or habitual drunkard, Redemption of real estate sold on ex-
suit by or against, 118 f.

ecution, 542 k.
parties to action, 120 é, 1307, 133 c. Redundancy, not a ground for de-
complaint by, 190 e.

murrer, 258 C.
of religious corporation, county Redundant, 320 с. See, Irrelevant and
courts cannot appoint, 40 C.

of foreign corporation, 46. Re-entry, assignment of right of, 112 e.
of corporation, 808.

Referee defined, 491 a.
review of order on motion for, when not to be nominated by the
681 d.

parties, 491 d.
costs to, 901.

who will be appointed, 495 f.
may sell doubtful debts, 901.

change of, 495 9.
in supplementary proceedings, when death of, 496 C.
may be appointed, 571, 572 d, time and place of meeting of, 496 h.

powers of, 793.
order appointing to be filed, 571. compelling attendance of wit-
vesting of property in, 573 e.

nesses before, 497 a.
complaint in action by, 190 e, 209 a. notice of trial before, 497 C.
Recognizances, judgment on, New to be sworn before proceeding,4976.

York common pleas has juris adjournment of proceedings be-
diction of, 46 e.

fore, 497 d.
code applies to proceedings on, 20c. trial before, 497 f.

pany, 439 C.

439 j.

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