[The reference is to the page. The letters following the figures refer to cor-
responding letters on the pages indicated by the figures.]
Abate, when action not to, 109, 110, | Act-continued.
Abatement, and in bar distinction be-
tween answers in, abolished,
230 b.
Absconding debtors, attachment
against property of, 35 b.
provisions of revised statutes as
to, not repealed, 680.
Absence from State, effect of, on time
of limitation, 84.
Absence of judge, 635.
Absent debtors, see Non-resident.
Account, defendants in action for, 103 g.
how stated in pleadings, 242.
verified copy of to be delivered,
242.
further, may be ordered, 242.
stated, complaint on, 165 ƒ.
in justices' courts, either party may
be required to exhibit, 59.
pleading founded on, 58.
reference to take, after judgment on
issue of law, 401, 402.
for information of court, or to carry
a judgment into effect, 403, 404 ƒ.
by county treasurer, 741.
by guardians, 644.
books, as evidence, 708 c.
See Bill of particulars, Current
account, Long account.
Accountability of guardian, 644, 724.
Acknowledgment of debt, when it
must be in writing, 87.
effect of, 87 d.
Act (Code), division of, 9.
when to take effect, 681.
to what to relate, 11.
construction of, 678.
extended to suits on forfeited rec-
ognizances, 11 b.
rules and practice consistent with,
retained, 678.
all statutes inconsistent with, re-
pealed, 678.
cases not provided for in, 678.
not to apply to certain statutory
proceedings, nor to mandamus,
679, 523 a.
Action, defined, 10.
what is, and what is not, 10 a, b.
against mayor, &c., of N. Y., 186.
by grantee of land in name of his
grantor, when allowed, 88.
authority to commence, when to
be produced, 89 b.
provisions of revised statutes ap-
plicable to proceedings in, not
repealed, 681.
abatement of, 109.
consolidating, 258 k.
discontinuing in justices' court, on
answer of title, 53.
after discontinuance, on answer of
title, 54.
on judgment, 71.
on judgment against joint-stock
companies, 71 ƒ.
on undertaking, 195 f, 325 g, 336
f, 358 b, 543 g, 551, 645 b, 260 c.
when deemed commenced, 83, 83b,
130, 280 b.
how commenced, 124.
proof of commencement of, 83 b.
should not be commenced until
cause of action has accrued,
124 b.
title of, not changed on appeal,
525.
for discovery abolished, 607.
form of, 70.
Action-continued.
kinds of, 10.
criminal action defined, 10.
and suit, distinction between, abol-
ished, 70.
limitation of, time for commenc-
ing, 72.
cause of, when it accrues, 73.
continuance of, 113 e.
parties to, 70, 88, 88 b, c.
Admeasurement of dower, in county
court, 29.
action for, 673 g.
proceeding for before surrogate,
673 f.
See Ejectment for dower.
Administrator, action on bond of, 42.
See Executor.
Admiralty causes, superior court claims
jurisdiction of, 34 b.
severance of, 265, 268 ƒ, 419, 420, Admission of counsel and attorneys
See Causes of action, Civil action,
Existing suits, Thing in action.
Actual determination, what is an, 532 g.
Additional allowance. See Allowance.
Additional terms of court of appeals, 18.
Additional time, how computed, 638 d.
See Enlarging time.
Address of plaintiff, when it may be
required, 89 c.
Adjoining towns, what are, 64 c.
Adjournment of court of appeals, 19.
general and special terms of su-
preme court, circuits, and oyer
and terminer, 26.
of hearing before referees, 410 e.
of examination in supplementary
proceedings, 466 d.
in justices' courts, 49 e.
of mortgage sale, 737 b.
costs on, 508.
Adjustment of costs, by the clerk, 503.
notice of, 503, 504.
what a sufficient notice, 504 c.
effect of omitting notice, 504 e.
power of clerk as to, 504 f.
disbursements, how stated and
verified, 505 a.
what are allowed as disburse-
ments, 504 g, h, 506 g.
not stayed by appeal with secu-
rity, 503 c.
what law to regulate, 503 e.
review of, 506 h.
in court of appeals, 539 f.
by judge at chambers, 507 b.
See Interlocutory costs.
of service of summons, 132 a, 141,
142 d.
of genuineness of paper, when may
be required, &c, 601.
by assignor of thing in action, 96 g.
in answer, of part of plaintiff's
claim, 348, 353 i.
in pleading, 237 a, 239, 240 e,
216 d.
by demurring, 205 a.
by not answering or replying,
260 c, 261 c.
Admitting defendant to defend after
judgment, 135, 139 h.
Adultery, issues on question of, how
settled, 707.
proof of, 747 i.
Adverse claims to real estate, an action,
10 a.
proceedings on, 646.
complaint in action to determine,
166 u.
on motion to vacate order of ar-
rest, 301.
for order for publication, 138 b.
for order of arrest, 290.
amendment of, 262 a.
using pleadings as, 325 k.
folios of, to be numbered
marked, 702.
copy of, to include jurat and sig-
nature, 636 g.
proof of service, where party serv-
ing is dead or insane, 639 d.
made out of the State, 241 a,
335 a.
of publication of summons, 141.
Affinity of judge, 27 c.
Affirmance, judgment of, 581 c, 528 g.
what is not, 541 e.
in part, 528 f.
in part costs on, 492.
in court of appeals, 18.
on equal division of court, 18,
19 b.
meaning of, 540 i.
by default on appeal from justice's
court, 573 c.
Affirmative relief, to defendant, 389,
419, 422 a.
on motion, 632 h.
answer need not contain a prayer
for, 217 a.
Agent, acts of, how alleged, 162 b.
when he may sue in his own
name, 90 b, 98 d.
complaint by, 153 e.
when liable to arrest, 281.
when he may verify a pleading,
240 c.
form of verification by, 241 c.
See Managing agent.
Aggravation, matter in, how pleaded,
165 a.
Agreements, as to proceedings in a
cause, to be in writing or entered
on minutes, 699.
Albany penitentiary, action against
superintendent of, 118 a.
Alien, naturalization of in county
court, 31 d.
may claim by adverse possession,
78 b.
cannot be a juror, 63 e.
Alien enemy, time of limitation does
not run against, 85.
Alimony, reference as to, 745 j.
in what cases, 745 k.
amount of, 746 k.
conditional order for, 747 a.
Alimony-continued.
appeal from order for, 747 b.
continuance of, 747 c.
revoking order for, 747 d.
nonpayment of, 747 e.
Allegations in pleading, when deemed
true, 259.
material, what are, 337 c.
how to be made, 162 c.
when deemed to be controverted,
259.
of matter judicially noticed, 161 d.
of evidence, not proper, 161 e.
of what is implied, not necessary,
160 a.
of special damage, 165 b.
of acts valid at common law, 164 e.
of matter in aggravation, 165 a.
of consideration, 198 a, 163 a.
of negligence, 198 b.
of request or demand, 198 c.
of performance, 199 a.
of profert and oyer, 200 ƒ.
of reasonable time, 200 g.
to what time they refer, 246 a.
Allowance, under 308th section, 499.
motion for, 721.
no motion necessary, 499 d.
in what cases granted, 499 e.
in what cases refused, 500 a.
under 309th section, 500, 501 a.
when has "a trial been had," 501 b.
what are difficult and extraordi-
nary cases, 501 c.
amount of, 501 d.
when, where, and to whom the
application for, should be made,
501 g.
costs on motion for, 502 g.
after trial before a referee, 502 h.
review of order for, 502 j.
of bail, 299.
Alternative, judgment in the, when
allowable, 427.
relief, cannot be demanded, 202.
Amended pleading, takes the place of
the pleading amended, 262 f.
Amendment of complaint, time to
answer after, 209.
copy to be served, 209.
Amendments, the provisions of the
revised statutes as to, are not
repealed, 262 b.
in actions against corporations,
262 c.
in actions against partners, 262 d.
of mistake of court or officer, 262 e.
of summons, 125 a. 266, 269 d.
of affidavits, 262 a, 270 a.
Amendments-continued.
of attachments, 270 b.
of undertaking, 270 c.
of referee's report, 414 b.
of variances, 261.
See Variance.
of complaint, answer after, 209.
of course, 265.
of course, in what cases, 265 b.
within what time, 266 b.
extent of, 266 g.
after decision on demurrer, 268 a.
right to amend of course is not a
stay of proceedings, 267.
unauthorized, 267 b.
striking out, 267 c.
Amendments-by order-continued.
takes the place of original, 262 f.
refers to commencement of the
action, 262 f.
Amount admitted to be due by answer,
when order for payment of, will
be made, 348, 353 i.
order for payment of, is appeal-
able to the general term, 353j,
Amount claimed, may be increased by
amendment, 268 g.
judgment by default not to ex-
ceed, 424.
complaint to agree with sum-
mons as to, 156 a.
Animals, injury by, 182 h, 200 d.
relate to commencement of action, Answer, the only pleading by defend-
by order, 268.
generally before trial, 268.
at the trial, 270 e
after the trial, 271 b.
conforming pleadings to proof,
270 h.
from tort to contract or the re-
verse, 268 g.
of the demand of relief in the
complaint, 268 g.
of verdict, 271 a, 388 e, 389 a.
of judgment, 271 j.
after judgment, 272 a.
on appeal, 272 b, 526 d.
to admit defense of usury, 269 a.
terms on which amendments are
ordered, 272 d.
by dividing one action into sev-
eral, 265.
by adding counter-claim 269 c.
of attachment, 270 b.
effect of, on order of reference,
407 a.
of judgment of affirmance, 581 h.
of affidavits, 270 a.
on application for judgment on
the ground of the frivolousness
of the answer, 365 a.
of motion papers, 633 b.
on a motion, of a proceeding ob-
jected to, 633 b.
after notice of appeal of any omis-
sion in perfecting appeal or
staying proceedings, 525.
in justice's court, 61 g, 58.
appeal from order granting or de-
nying, 272 f.
in action for partition, 663 b.
referee may allow, 412 b.
appeal from order granting or de-
nying, 272 f.
ant is a demurrer or answer, 202.
statute of limitation must be set
up by, 74.
time to answer, 202, 202 a, 292.
cannot be treated as a nullity, 204 c.
by married women, 204 d.
extending time to answer, 202 a.
defects in complaint, when waived
by obtaining extension of time
to answer, 203 a.
service of, after time to answer has
expired, 203 f.
and demurrer, 204 b.
separate answers, 204 a.
after complaint amended, 209.
withdrawing answer and inter-
posing demurrer, 269 c.
where to be served, 203 e.
what to contain, 211.
need not be entitled, 211 b.
need not be a defense to all com-
plaint, 211 b.
of several defendants, 212 a.
general denial, 212 b.
denial of any knowledge or in-
formation, &c., when allowed,
212 e.
what may be denied, 213 a.
what may be given in evidence
under a general denial, 214 d.
what may not be given in evidence
under a general denial, 215 c.
new matter, definition of, 216 6.
must be pleaded, 216 c.
in confession and avoidance,
216 d.
partial defense, 211 b.
mitigating circumstances, 216 6,
255 a.
prayer for relief in, 217 a.
denying notice of non-acceptance
or nonpayment of bill or note, 217c.
of action pending, 217 d.
of discharge under insolvent or
bankrupt act, 218 e.
of leave and license, 219 a.
of matter occurring pending the
action, 219 b.
of nonjoinder of party defendant,
219 c.
of judgment recovered, 218 g.
that plaintiff not the real party in
interest, 219 d.
in action for a divorce, 748.
foreclosure, 730.
an escape, 219 e.
an assault, 218 c.
on a judgment, 220 b.
goods sold, 218 f.
for libel or slander, 253.
to recover property distrained,
doing damage, 255.
on judgment, 220 b.
on covenant, 222 f.
on undertaking, 222 d.
for specific performance, 223 6.
eviction, 219 f.
equitable defense, 219 g.
of fraud, 220 c.
of payment, 220 d.
of performance, 221 a.
of a statutable defense, 221 b.
of statute of limitations, 221 c, 74.
of tender, 221 d.
of usury, 221 g.
by carrier, 222 e.
in action for rent, 223 a.
that instrument unstamped, 223 c.
demand of subrogation in, 223 d.
and demurrer, 231.
constituting a counter-claim, 225 d.
of several defenses, 223.
in abatement and in bar, 230 b.
sham and irrelevant may be strick-
en out, 231.
sham defined, 231 c.
irrelevant defined, 233 b.
demurrer to, 235.
frivolous, 362. See Frivolous an-
new matter in, when deemed con-
troverted, 235.
judgment on failure of, 354.
is different from a demurrer, 204 b.
defendant may be let in to answer
after time to answer has expired,
306 c.
served after time to answer has ex-
pired, and without leave of the
court, is irregular, 203 ƒ.
objections to complaint not appear-
ing on the face thereof, are to
be taken by answer, 209.
objection not taken by answer or
demurrer, when waived, 210.
time to answer if complaint be
amended, 209.
order for extending time to an-
swer, how obtained, 703.
time to answer where summons
served without any copy of the
complaint, 128, 128 f.
time to answer after order of ar-
rest, 292.
cannot be put in before service of
complaint, 202 a.
time to answer after service by
publication, 141, 141, b, c.
after order for discovery of
books, &c, 701.
not extended by order for bill
of particulars, 242 d.
copy of, need not be served on a
codefendant, 204 a.
of one defendant not evidence
against his codefendant, 204 a.
admitting part of claim, 348, 353 i.
on demurrer to, sufficiency of com-
plaint may be considered, 236 e.
amended, what is not, 267 c.
once, of course, 265.
of course, in what cases, 265 b.
of several defenses, to be separately
stated, 223, 230 a.
to be numbered, 701.
of counter-claim, 223.
to part, and demurrer to residue
of complaint, 231, 204 b.
sham and irrelevant, may be
stricken out, 231.
appeal from order striking out,
17.
when it may be replied or demur-
red to, 235.
motion for judgment on, 237.
to supplemental complaint, 276 e.
supplemental, when proper, 276 c.
of married woman, 204 d.
of infant, 101.
frivolous, motion for judgment
on discovery of documents to
enable defendant to prepare,
603 d.
after discontinuance of action in
justice's court by reason of title
coming in question, 55 a.
in justices' courts, 57.'
of title in justice's court, 51.
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