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Plank roads, proceeding to lay out, is Pleadings in courts of record-contin'd.
allegations of time, place, quan-
tity, quality, and value, 322,
copies served, may be treated as
party, 267 c.
objecting to, on trial, 465 g.
conditions precedent, how plead-
in action or defence founded on
instrument for the payment of
private statutes or rights deriv-
ed therefrom, how pleaded,
libel and slander, how stated in
complaint, 328, 225 e.
answer in actions for libel and
in actions to recover property
distrained doing damage, 331.
what causes of action may be
allegations not denied, when
deemed true, 337.
counter-claim) is to be deemed
controverted as upon a direct
denial or avoidance, 337.
the like of new matter in a re-
cannot be used as evidence in
to be separately numbered,
sing, 314 e.
party may be sued by a fictitious
substantial rights, to be disre-
supplemental pleading, when al-
when amended, to be answered
anew, 263, 344.
may be ordered to be made copies of, not to be given out in
more definite and certain, 320, divorce cases, 901.
admissions in, 338 b, 304 f.
motion for judgment on, 304,
Preliminary injunction. See, Injuno-
not treated as nullities, 256 f, Preliminary objection on motion,
Premium note, complaint in action
counter-claim against, 295 C.
produce books, &c., of corpo
Title, Answer, Complaint, De- Presumption of payment, 90 c, 96 C.
Priest not allowed to testify to certain
matters, 755 a.
Principal, liability of for act of agent,
counter-claim between, 295 d.
Private roads, 41 a, 692 f.
Privilege from arrest, 361 a.
Process out of justices' courts, provis-
corporations applied to, 72.
for penalties under, 120 b. notice of no personal claim is not,
416 d, 420 6.
duty of sheriff and coroner as to,
assignment of right of action for
application for, in what cases,
741 f, 855.
petition for, what to state, 855.
order for, what to specify, 855.
, when entitled to, appeal from order, 681 o.
operates as a stay of proceed-
referee cannot order, 499 b.
will be ordered on referee's cer-
dify a provisional remedy to of documents or chattels on the
trial, 468 k.
visional remedies to have, 778. See, Admission, Inspection, and Dis-
Profert and oyer, in pleading, 250 €.
part of the code, 834.
ed in the code are not “spe-
cial proceedings,” 649 e.
in an action, 790 C.
der granting or refusing, 679.
of commencement of action, 100 a. motion to vacate or modify, to
have a preference, 778.
appeals from orders allowing, to
have a preference, 778.
See, Arrest, Attachment, Claim and
Delivery, Injunction, Receivers,
Public nuisance. See, Nuisance.
.to be tried, 144.
brought, 117 b.
when liable to arrest, 363.
complaint, by and against, 189 c.
waiver of rights of, as to place of
trial, 144 a.
delivery up of books by, 46 d.
abatement of action by or against,
statute, how pleaded, 236.
of terms of county courts, 42.
of notice of motion for leave to is-
sue execution, 523.
service of summons by, in what
affidavit on order for, to be filed,
to be mailed, 172 e.
when defendant allowed to de-
fend after, 169.
time to answer after publica-
tion, 175 a.
proof of, 175.
application for judgment after,
442, 447 e, f, 859.
e, 282 6.
Purchaser. See, Vendor.
Real name, when not known, party
may be sued by fictitious, 356.
defence that plaintiff is not, 109
See, Party in Interest,
of benevolent, charitable, scientific,
phan asylums, supreme court
may order lease or sale of, 29 C.
testing validity of, 29 e.
action for fraud in sale of, 56.
action by grantee' of, in name of
his grantor, when allowed,
bringing in parties in action to re-
arrest in action for recovery of,
general provisions relating to ac-
tions concerning, 819.
title to, sold under judgment, after-
wards set aside, 169, 542, c.
costs in actions to recover, 591.
lien on, by judgment, 69, 70, 84,
sold, 890, 527.
sale and redemption of, on execu-
tion, 542 k.
actions to determine conflicting
claims to, 817.
general provisions as to actions
relating to, 819.
time for commencing actions for
trespass on, 97.
for the recovery of, 91.
partition of, 810.
sale of, where to be had, 527.
possession of, 40 6, 689 d.
adverse possession of, what is, 93,
notice of lis pendens in actions af-
fecting, 160, 853 a.
place of trial of actions relating
See, Conflicting claims, Ejectment,
Partition, Infant, Real Estate,
Religious corporation, Habitual
drunkard, Lunatic, Person of
unsound mind, Forcible En-
Re-argument of appeal, 678 g. Recognizances-continued.
See, Forfeited recognizances.
of inferior court, how proved,
of office of collector of customs,
how proved, 796 e.
in supplementary proceedings,
jurisdiction of, 37 C.
removal of proceedings from, 41f,
power of, to order production of
appeal from, to supreme court,
orders of, 678.
rights, powers, and duties of foreclosure, 891.
Recoupment, claim of, must be plead-
ed, 289 d.
Recover, meaning of the term, 419 g,
Recovery, set-off of, 714.
ecution, 542 k.
murrer, 258 C.
Referee defined, 491 a.
parties, 491 d.
who will be appointed, 495 f.
change of, 495 9.
powers of, 793.
nesses before, 497 a.
York common pleas has juris adjournment of proceedings be-
fore, 497 d.
pany, 439 C.