Purchaser. See, Vendor.
at judicial sale, 660 h, 653 i, 681
é, g, 682 b, 683 i, 815 j, 887 m. Real party in interest, who is, 107 b.

Real name, when not known, party
may be sued by fictitious, 356.

court will not hear extended
discussion on, 843, 875.

of law, 195 d.

mixed of law and fact, 195 m.

of practice, review of, in N. Y. com-
mon pleas, 923.

Quo warranto, writ of, proceedings
by information in the nature
of, abolished, and action sub-
stituted, 801.

place of trial of action in nature
of, 145 a.

R1

defence that plaintiff is not, 109
e, 282 b.

See, Party in Interest.

Real property, definition of, 831.
out of the State, actions respecting,
23.
of benevolent, charitable, scientific,
or missionary societies, or or-
phan asylums, supreme court
may order lease or sale of, 29 c.
testing validity of, 29 c.
action for fraud in sale of, 56.
action by grantee of, in name of
his grantor, when allowed,
106.

bringing in parties in action to re-
cover, 139.

arrest in action for recovery of,
371 j.

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.
wheh title to, in question, 592 a,
64.

lien on, by attachment, 422 g.
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

claims to, 817.

general provisions as to actions
relating to, 819.

time for commencing actions for
trespass on, 97.

for the recovery of, 91.
entry on, 92.

partition of, 810.

sale of, where to be had, 527.
summary proceedings to recover
possession of, 40 b, 689 d.
adverse possession of, what is, 93,
94.

notice of lis pendens in actions af-
fecting, 160, 853 a.
place of trial of actions relating
to, 143.

See, Conflicting claims, Ejectment,
Partition, Infant, Real Estate,
Religious corporation, Habitual
drunkard, Lunatic, Person_of
unsound mind, Forcible En
try.

Re-argument of appeal, 678 g..
Reasonable time, what is a, 250 f.
Re-assignment of, thing in action,
114 b.

Rebutting testimony of party called
as a witness, 749, 749 f.
Receiver, in what cases he may be ap-
pointed, 431.

when and how appointed, 432 a.
when he will be appointed, 433 i.
general powers of, 438 a.
who may act as, 434 c.

is an officer of the court, 434 e.
taking property from possession
of, a contempt, 434 i.
when title vests in, 434 f.
delivery of property to, 434 h.
represents creditors, 435 a.
compensation to, 435 b.
chargeable with interest, 435 f.
accounts of, 435 g.

order on, to discharge liens, 435 i.
suits by and against, 435 j.
what attorney he is to employ,436f
change of, 436 g.

when to be defendant, 130 f.
discharge of, 437 c.

in mortgage cases, 437 e, 888 n.
over real estate, 433 r, 820 g.
in actions to close up partnership

concerns, 437 h. 824 g.

of insolvent or dissolved corporations,
rights, powers, and duties of,
433 c, 438 a.

under revised statutes, 439 a.
of insolvent mutual insurance com-
pany, 439 c.

costs in actions by and against,
437, 623 b.

of lunatic or habitual drunkard,
suit by or against, 118 f
parties to action, 120 e, 130f, 133 c.
complaint by, 190 e.

of religious corporation, county
courts cannot appoint, 40 c.
of foreign corporation, 46.
of corporation, 808.

review of order on motion for,
681 d.

Recognizances-continued.
complaint on, 240 g.

costs of action on, 591, 596 g, h.
See, Forfeited recognizances.
Record, amendment of, 353 g, h, 354 e,
841.

of foreign State, how proved,
796 e.

of courts in Canada, how proved,
796 e.

of inferior court, how proved,
796 e.

of supervisors' office, how proved,
796 e.

of office of collector of customs,
how proved, 796 e.
See, Judgment-roll.

Recorder, orders of, how reviewed,
678.

Recorder of Troy, may issue order
in supplementary proceedings,
560 a.

jurisdiction of, 37 c.

Recorder's court, jurisdiction of, 44.
removal of proceedings from, 41ƒ,

45.

power of, to order production of
documents, 736 c.

appeal from, to supreme court,
670.

orders of, 678.

Recording mortgage before sale in
foreclosure, 891.

Recoupment, claim of, must be plead-
ed, 289 d.

See, Counter-claim.
Recover, meaning of the term, 419 g,
596 b.

Recovery, set-off of, 714.
Redemption of real estate sold on ex-
ecution, 542 k.

Redundancy, not a ground for de-
murrer, 258 c.

Redundant, 320 c. See, Irrelevant and
redundant.

Re-entry, assignment of right of, 112 e.
Referee defined, 491 a.

when not to be nominated by the
parties, 491 d.

who will be appointed, 495 f.
change of, 495 g.

death of, 496 c.

time and place of meeting of, 496 h.
powers of, 793.

compelling attendance of wit-

nesses before, 497 a.

notice of trial before, 497 c.

to be sworn before proceeding,4976.
adjournment of proceedings be-
fore, 497 d.
trial before, 497 f.

irregularity in appointment of, Rehearing, in court of appeals when

Remedies, division of, 17.

civil and criminal not merged, 19.
See, Election of remedy, Provisional
remedies.

Remittitur, from court of appeals, 27.
cannot be made on dismissal of
appeal pursuant to Rule II.,
658 k.

clerk to sign, &c., 844.
after affirmance, or reversal by de-
fault, 844.

judgment after, 659 d, 642,
Removal, of occupants from State
lands, within the jurisdiction
of the county court, 39.

of causes to United States court,
30 h, 720 a.

to common pleas from district
courts, 923.

of sheriff, 535 e.
of judge, 782 f.

See, Transfer of causes.

Renewal of motions, special motions
cannot be renewed without
leave, 386 d, 449 j, 869 a, 775 a.
of execution in justice's court,
81 e, f.
Rent, proceedings for recovery of, not
affected by the code, 835.
complaint in action for, 242 f.
answer in action for, 287 c, 294 e.
counter-claim in action for, 294 e.
not due is not a thing in action,
756 b.

See, Use and occupation.

Repeal of inconsistent laws, 832.
Replevin, the chapter of the code re-

Reports of cases adjudged in foreign
States, books of, presumptive
evidence of the law in such
States, 795.

of referees, form of, 499 d, 861.
time for making, 500 a.
who entitled to, 500 e.
amendment of, 500 f.
setting aside, 501 g.
confirmation of, 502 c.
judgment on, 502 d,
interest on, 612, 613 a.
Representative of deceased person,
who is, 756 e.

Republic, foreign, party to action,
120 f.

Request, in pleading, 246 g.
Re-sale, on execution, 539 g.
in partition, 815 j.

on foreclosure, 682 b, 681 g, 888 6.
Rescinding, a contract of sale, action
for, 219 h.
Reserving causes
in first district,

911.

Resettlement of case or exceptions,
865 f.

of order, 647 f.
Residence of attorney to be endorsed
on papers and pleadings to be
served, 853.

of plaintiff, when defendant may
require to be informed of,
106 a.

place of, what is meant by, 789 h.
of the people, 145 a.

of railroad corporation, 145 b.
of married woman, 145 d.

lating to the claim and deliv-Resident, who is, 364 g.

ery of personal property is a Resident defendant, when he may be
substitute for the action of,

390 e.

bond, action on, 109 l, 133 g, 208 c.
Reply, when to be put in and what to
contain, 302.

demurrer to, 305.
counter-claim to, 303 b.

to amended answer, 302 e.

leave to, after cause referred, 303 a.
motion for judgment for want of,
304.

btaining time to, is not a waiver
of objection that answer is
sham, 301 f.
amendment by adding, 303 a.
counter-claim in, 803 6.
supplemental, when may be put
in, 357.

new matter in, deemed contro-
verted, 337.

frivolous, judgment on, 450. See,
Frivolous demurrer.

served with summons by pub-
lication, 169 a.

Resignation of judge, 782.
Respondent, who is, 639.

offer by, to correct judgment, 714.
Restitution on reversal of judgment,
443, 447 g, 642, 643 e, 713.
after judgment for want of an an-
swer, 443, 447 g.

in ejectment, 825 g.

Retainer, notice of, an appearance,
853.

notice of bail imports notice of re-
tainer, 854 b.

Return of process, &c., how compelled,
852.

of summons, sheriff to make, 852,
792.

of justice, 697, 699, 878.

of clerk to court of appeals, 641,
839.
Revenue stamp. See, Stamp.