SLANDER, continued-

costs in, 340, 341 n.

answer in, 181.

complaint for-

how stated in, 180.

should allege the words to have been spoken in the hearing of some

one, 151 n.

should state precise words used, 151 n.

omitting to state time and place of uttering the slander does not
render it demurrable, 151 n.

SOLICITOR. See Attorney.

SPECIAL PROCEEDINGS, defined, 19.

assessment of damages on laying out plank road is

19 n.

appeal from final order in, to court of appeals, 22.
provisional remedies are not, 23 n, 217 n.
proceedings supplementary to execution are, 323 n.
costs of reviewing the decision of an inferior court
in, 355.

verdict in, 274.

certain, not affected by the code, 444 n.

SPECIAL TERMS, for what purpose established, 32 n.

and general terms, distinctions between powers of court at,
of supreme court, a kind of court of chancery, 33 n.

of superior court, 491.

of New York common pleas, 495.

of supreme court—

existing provisions of law as to, repealed, 30.
prescribed, 31, 499.

extraordinary, 34.

inability of judge to hold, 35.

32 n.

issues of fact in the supreme court when the trial is not by jury

to be tried at circuit or special term, 267.

issues of law to be tried at a circuit or special term, 268.

issues of law on general term calendar of first district transfer-
red to, 268 n.

in first district, 453.

non-enumerated motions to be heard at, 467.

SPECIAL VERDICT, defined, 274.

when jury may render, 274.

when to control general verdict, 274.

when referee's report to have effect of, 294.
how settled, 464.

turning a case into, 464, 465 n.

See Verdict.

SPECIFIC PERFORMANCE, county court may decree, 37.

STAGES, See Owner.

STATE, when action cannot be brought by grantee of the, 70.

STATE LANDS, removal of occupants from, within jurisdiction of county court,

37.

STATIONERY, for court of appeals, sheriff to provide, 29.
when supervisors to provide, 35.

when sheriff to provide, 35.

STATUTE, complaint in actions given by, 152 n.

rule of strict construction of, not to apply to code, 442.
private, how pleaded, 180.

of limitation. See Times for commencing actions.

STATUTORY provisions-

all inconsistent with code repealed, 442.

certain, not affected by the second part of the code, 443.

remedies, special not affected by the second part of the code, 443.

STAY OF EXECUTION, the court wil! grant, where lien of judgment has ceased

by lapse of time, 310 n.

by appeal. See Appeal

STAY OF PROCEEDINGS, order for, for more than twenty days cannot be

granted, except on motion, 412.

county judge cannot order, after verdict, 412 n.
no judge has power to order arbitrarily, 414 n.
when an appeal is not. See Appeal.

to move to change place of trial, 107 n, 109 n.

order for time to make a case is not, 296 n.

66

security for costs is, 339 n.
discovery is, 462.

the right to amend of course, is not, 193 n.

on judgment does not extend the time to appeal, 363.

to move for a commission, 406 n.

court of appeals, or judge thereof, may make order for, 458.
order for discovery of books, &c. is, 462.

STIPULATION to try, when plaintiff may tender, 465.
SUBMITTING cause on printed arguments, 458.
SUBMITTING CONTROVERSY without action-

controversy, how submitted, 386.
case to be agreed upon, 386.
affidavit that controversy real, 386.
case to be heard at general term, and judg-
ment rendered as in an action, 386.
who to furnish papers on argument of, 468.
judgment as in other cases, but without
costs, 387.

judgment roll, how constituted, 387.

66

may be enforced or appealed as
in an action, 387.

SUBSTITUTING, in cases of transfer of interest pendente lite, transferee may be

SUIT. See Action.

substituted as a party to the action, 96.

when ordered in case of two or more claimants of one subject
matter, 99. See Interpleader.

service. See Publication.

SUIT PENDING in another State is no ground of defence, 153 n.

defence of, said to be waived by answering to the merits, 158 n.
SUITS certain, may be transferred from supreme court to superior court, 46.
in mayors' and recorders' courts may be transferred to county
courts, 41.

See Existing Suits. Transferred causes.

SUMMARY PROCEEDINGS to recover possession of lands. Appeals from jus-
tice's decision to county court, 38 n.

SUMMING UP, at circuit, one counsel only allowed to, 463.

SUMMONS, actions to be commenced by service of, 114.

form of―

ordinarily, 115, 115 n, 117.

after discontinuance of action in justices' courts by reason of
title coming in question, 53 n, 117 n.

when served without copy complaint, 120.

by publication, 127.

SUMMONS, service of-continued.

on foreign corporation, 123, 123 n.

"minor under age of fourteen, 123.

66

person judicially declared to be of unsound mind, &c., 123,

124 n.

in other cases, 123.

on insane person, 125 n.

on husband and wife, 125 n.

on defendant in State prison, 125 n.

manner of, 126 n.

party subscribing may fix time for service, 122.

by publication, when ordered, and how made, 126, 127.
See Publication.

proof of service of, 133, 134 n, 487.

effect of service to confer jurisdiction, 134.

fee for service when taxable, 134 n.

voluntary appearance is equivalent to personal service of, 134.

cannot be amended of course, 193 n.

objections to, cannot be taken by demurrer or answer, 157.

to be filed, 422.

compelling the filing of, 422.

may be filed by leave of court after time limited for filing has expired,
422 n.

no notice of filing need be given, 423 n.

in proceedings against heirs, &c., of deceased judgment debtors, 388.

SUNDAY, when reckoned in the computation of time, 419.

service on is irregular, 420.

SUPERIOR COURT of the city of New York-

jurisdiction of, 40.

transfer of causes from, to supreme court, 40, 41 n.
transfer of causes to, from supreme court, 46.
jurisdiction of, over transferred suits, 46.

is of coördinate jurisdiction with the supreme court,

41 n.

has concurrent jurisdiction with United States courts
in adiniralty cases, 42 n.

jurisdiction cannot be conferred on by fraud, 42 n.
voluntary appearance confers jurisdiction on, 42 n.
equity jurisdiction conferred on, by judiciary act, 42 n.
statutory provisions regulating, 42 n.

defendant may appear to object to jurisdiction of, 43 n.
has it any equitable jurisdiction? 43 n.
terms of, 44.

section 28 of code to apply to, 47.

cannot issue attachment against the property of non-resident
defendants, 242 n.

SUPERVISORS, when process to be served on, 51 n.

to provide room, attendants, fuel, lights, and stationery, 35.

SUPERVISORS-continued.

to fix salaries of criers of superior court and New York common
pleas, 45.

SUPPLEMENTAL COMPLAINT, action may be continued by, 96.

leave to serve, must be obtained, 97 n.

on motion for leave to serve, the moving party
must distinctly point out the party entitled
to continue the action, 97 n.
when may be allowed, 199.

SUPPLEMENTAL PLEADING, when allowed, 199, 199 n.

SUPPLEMENTARY act, 447.

county judge cannot give leave to make, in ac-
tion in supreme court, 199 n.

circumstances happening after the commence-
ment of the action must be brought before
the court by, 199 n.

must not embrace any matter known to the
party at time of putting in his former plead-
ing, 200 n.

proceedings-

provisions as to, do not apply to judgment issued and
returned before the code went into effect, 323 n.
are a substitute for the former creditor's bill, 323 n.
are special proceedings, 323 n.

cannot be resorted to after an execution against the
person has been executed by the arrest, &c., of the
judgment debtor, 323 n.

after execution against property returned unsatisfied
court may make order for discovery of property and
examination of judgment debtor, 323.

order, when granted, 324, 325 n.

See Order for examination of judgment debtor.
examination of judgment debtor and witnesses on, 324,
325 n.

warrant for arrest of judgment debtor, 324.

proceedings on, after warrant, 324.

See Warrant for arrest of judgment debtor.

may be resorted to on justices' judgment, 325 n.

assignee may institute, 325 n.

examination of debtors, of judgment debtor, or of those

having property belonging to him, 329.

See Order to examine debtor to judgment debtor.
witnesses may be required to appear and testify on, as
on a trial, 331.

witness and parties, how compelled to attend, 331.
what property may be ordered to be applied to execu-
tion, 331.

appointment of receiver on, 332, 333 n.
prohibiting transfer of property, 332.

assigned property, when it cannot be reached by, 332 n.
proceedings on claim of third party to the property
alleged to be the property of the judgment debtor, or
on denial of indebtedness by alleged debtor to judg-
ment debtor, 334.

costs of, 335.

disobedience to orders made in, how punished, 335.
discharge from imprisonment of persons committed to
prison in, 335 n.

not stayed by the issuing of an attachment, 245 n.
SUPPLICAVIT, writ of, is not abolished, 253 n.

SUPREME COURT, statutory provisions as to terms of, repealed, 30, 499.

jurisdiction of, 30, 30 n.

SUPREME COURT-continued.

general terms—

number of annually, 32.

judgment at, how pronounced, 32.

where held, 32, 32 n.

times and places, &c., of holding, how appointed, 33.
general and special terms of, may be adjourned by entry on
minutes, 34.

rooms, attendants, fuel, &c., to be provided for, 35.

transfer of actions from superior court and New York com-
mon pleas into, 41.

transfer of actions from, to superior court, 46.

rules of, 460.

judges to frame rules, 443.

former rules of, abrogated, 442.

SURETIES, to justify in all cases, 481.

bonds, &c., of, to be approved and acknowledged, 481.

See Bail, Security.

SURETY BONDS, actions on, justice of the peace has jurisdiction of, 49.

See Bonds.

SURGEONS, not allowed to testify to certain matters, 402 n.

SURPLUS, moneys, how disposed of, 473.

SURROGATE, appeals from, not affected by the second part of the code, 443,

444 n.

appeals from, regulated—

appeal to be by petition, 483.

what petition is to state, 483.

in matters of account, particular items to be stated, 483.
answer in the nature of a cross appeal, 483.

order to answer petition of appeal, 483.

guardian ad litem may be appointed, 484.

order to deliver copy of petition of appeal, 484.

papers to be furnished by appellant on hearing, 484.

costs on, 355.

proceedings on official bond of, not affected by code, 444.

SWAMPS, MARSHES, &c., proceedings for draining of, not affected by the code,

444 n.

T.

TAXATION of costs. See Adjustment.

TECHNICAL DEFECT, court of appeals will not reverse judgment for, 27 n.
See Error or defect.

TEMPORARY ABSENCE, what is not, 339 n.

does not entitle defendant to security for costs, 339 n.
TEMPORARY INJUNCTION, to restrain removal or disposition of property
pending the action, 227, 230 n.
after answer, 233.

TENANTS holding under a judgment debtor. See Joint debtors, &c.

TENANT FOR LIFE, interest of, how calculated, 482.

TENDER after action brought, provisions of revised statutes as to, not repealed,
391 n

TERMS of court of appeals, 28.

of supreme court, circuit courts, and courts of oyer and terminer, 30, 32,
499.

appointment of, to be transmitted to Secretary of State, 35.