Injunction-continued.

after answer, 322.
security upon, 322, 323 d.
to stay business of corporation,
15 b, 326.

in superior court, 323 c.

to stay proceedings after judg-
ment, 323 a.

reference to ascertain damage on,
323, 324 ƒ.

damages allowed on, 324 ƒ.
action on undertaking on, 325 e.
defendant may be heard before
granting of, 325.

order to show cause, restraint in
meantime, 325.

motion to vacate or modify, 326.
vacating for nonprosecution of
action, 328 e.

stay by, effect of, on time of limit-
ation, 86.

perpetual, appeal from judgment
awarding, 547 f.

review of order for, 315 d, 328 ƒ.
Injury, to the person or character, de-
fendant may be arrested in ac-
tion for, 281.
limitation of action for, in cases

not specially provided for, 80.
causing death, complaint for 181 c.
by nonrepair of premises, 182 f.
by leaving hatchway open, 182 g.
by one animal to another, 182 h.
200 d.

to the person, criminal conversa-
tion is, 285 d.
seduction is, 285 d.
cruelty to wife is, 285 d.
adultery is not, 285 d.
actions for in justices' courts, 38.
to real or personal property, action
for in justices' court, 38.
See Negligence.
Innkeeper, not liable to arrest in ac-
tion to recover goods lost by
a guest, 285 c.

Inquest-continued.

service of affidavit to prevent, 3756.
when it may be taken, 375 c, 705.
proceedings on, 375 g.

waiving or setting aside, 376 b.
appeal from order opening or re-
fusing to open, 376 d.

in actions against the several par-
ties to a bill or note, 374 c.
claim admitted by pleading to be
allowed on, 375 h.

in justice's court, 62 d.
See Affidavit of merits.
Inquiry of damages. See Assessment
of damages.

Insane person, discharge of, from ar-
rest, 284 b.

statute of limitations, not to run
against, 79, 85.

service of summons on, 133 a.
See Unsound mind.

Insolvent debtors, jurisdiction of
county court as to, 30.

security for costs in actions by, in
certain cases, 483 d.

provisions of revised statutes as
to, retained in force, 680.
Insolvent corporation, receivers of,
352 f.

provisions as to supplementary
proceedings, do not apply to,
462 a.

costs of closing up, 483 a.
Insolvent discharge, how pleaded, 218 e.
See Discharge.

Insolvent, sureties becoming, 542,
543 f, 485 g.

Inspection of books, &c., 601.
See Discovery.

Installments, execution for, on judg-
ment by confession, 597.

in mortgage cases, allowances on,
500.

action for, on bond, 39.
Instrument in writing, parties to ac-
tions upon, 108.
how pleaded, 58, 162 d.
costs, where several actions on
one instrument, 488, 491 d.
for payment of money, action or
defense on, how pleaded, 252,
252 b.

in justices' courts, 58.
allowance in addition to costs,
in action for construction of,
499.

See Sealed instrument.

Insurance companies, insolvent, costs

of winding up, 483 a.

Insurance policy, complaint upon,
183 a.

consolidating actions on, 258 n.
action on, 13 b.

assignment of claim on, 91 a.
Interest, on verdict or report of ref-
eree, when allowed, 502.

on money ordered to be repaid,
503 b.

when jury may assess, 386 g.
not to disqualify a witness, 612.
party in, to sue, 88.

all parties in, to be joined, 103.
when all parties in, need not be
joined, 107.

transfer of, not to abate action,
109, 113 a, d.
compound, 387 b.

Interlocutory costs, how collected,
509 c.

within what time to be paid, 722.
what are, 509 i.

adjustment of, 507 h, 504 ƒ.
proceeding, appeal from order in,
17.
Intermediate order, when may be re-
viewed in the court of appeals,

527.

Interpleader, when it will be ordered,
114, 115 h.

costs in, 116 c.

appeal from order for, 116 d.
Interrogatories, how settled, &c. 616 e.
examination on, by consent, 775 h.
Irregular judgment, setting aside,
433 b, 592 g, 596 d, 532 d, 712,
713.

cannot be reviewed by appeal,
532 d.
Irregularity, notice of motion for, to
specify irregularity complained
of, 712.

motions on account of, 712, 713.
Irrelevancy, not a ground for demur-
rer, 250 b.

Irrelevant answer and defenses may
be stricken out, 231.
pleading, what is, 233 b.
motion to strike out, 233 d.
judgment after striking out, 234 e.
no appeal from order striking out,
234 f.

or redundant matter may be struck
out on motion, 246.

and redundant, not equivalent
terms, 246 b.

matter defined, 247 a.

motion to strike out as, when and
how made, 250 b.

Irrelevant-continued.

entire pleading cannot be struck
out as redundant, 250 b.
cannot be demurred to, 250 b.
waiver of objection to, 250 f.
Issues, different kinds of, 366.
feigned, abolished, 72.
when they arise, 366.

when issues of fact arise, 366.
when issues of law arise, 366.
of law and fact may arise in one
action, 366.

when there are issues of law and

fact, the issues of fact to be first
tried, unless, &c., 366.

practice where there are issues of

law and fact to be tried, 366 a.
of nul tiel record how tried, 368.
must be all disposed of before judg-
ment can be entered, 366 a.
trial is the judicial examination
of, 367.

how tried, 367, 705.

may be tried in any place the par-
ties agree upon, 368 e.
may be referred, 402.
should be joined as to all defend-
ants before cause noticed for
trial, 376, e.

of law to be tried by the court,
unless they are referred, 367.
proceedings on judgment on, 401.
of fact in action for the recovery
of money only, or specific real
or personal property, or for a
divorce, to be tried by a jury
unless jury trial is waived, or
a reference be ordered, 367.
in other actions, to be tried by the
court, except a jury trial or a
reference be ordered, 368.
of fact, triable by the court, may
be tried at circuit or special
term, 368.

of fact, triable by a jury or by the
court, to be tried before a sin-
gle judge, 368.

of fact in the supreme court, to be
tried at a circuit when the
trial is by jury, otherwise at
circuit or special term, 368.
how settled, 707.

of law to be tried at a circuit or
special term, 368.

of law to have preference on the
calendar, unless the court

otherwise direct, 368.
where tried, 368.
may be referred, 402.

Issues-continued.

either party may notice for trial,
369.

note of, to be furnished to clerk,
369.

to be entered on calendar, 369.
how disposed of on the calendar,
372.

of fact joined in a county court

before July, 1848, 676.

of fact cannot be sent to be tried
by a sheriff's jury, 375 i.
date of, 549 h, 714, 417 g.
when either party may bring to
trial, 373.

in divorce cases, 368 a, 707.

one trial should dispose of all,
373 b.

costs where there are several, and
plaintiff succeed on some only,
480 b.

See Note of issue, Trial, Verdict,
Date of issue.

Items of account, when need not be

inserted in pleading, 242.
how to be delivered, 242.
further particulars of, 242.

Jail liberties, jurisdiction of the
county courts as to, 30, 31 a.
extent of, 442 d.

defendant not entitled to, 442 f.
Jailer, cannot be bail, 293, c.
Joinder of cause of action 255.

of defenses, 223, 230.

of parties, 103, 107, 108, 207 e.
of husband and wife, 100 d, b.
joinder of parties, where some re-
fuse to join, 107.

where parties very numerous,
107.

See Parties.

Joint debtors, who are not, 108 g.

costs in action against represen-
tative of, 491 b.

confession of judgment by, 591 c.
offers of compromise by, 599 c.
absence of one, as affecting the
time of limitation, 84 c.
commencement of action against,
73 r.

arrest in action against, 283 c.
execution against, 445 b.

proceedings supplementary to ex-
ecution against, 469.

Joint and several debtors, proceedings
against, where the summons is
served on one or some of the

execution against, 445 b.

debtors, attachment against, 333 a.
judgment for want of answer
against, 357 a.

payment by one does not revive
liability of the others, 87 b.
costs in action against, 491 c,
492 b.

debtors, heirs, devisees, legatees, and
tenants holding under a judg-
ment debtor, proceedings against,
588.

on judgment against one of sev-
eral joint debtors, those not
served may be summoned to
show cause why they should
not be bound by the judg-
ment, 588.

if judgment debtor die after
judgment, his heirs, devisees,
or legatees, or the tenants of
real property owned by him,
and affected by the judgment,
may be summoned to show
cause why judgment should
not be enforced out of estate
of deceased, 589.
form of summons, 590.
summons to be accompanied
by affidavit of amount due,
590.

answer by party summoned,
590.
subsequent proceedings the

same as in an action, 590.
answer and reply to be verified
as in an action, 591.
attachment may issue to com-
pel application of property to
payment of the judgment,

591.

Joint reference, when ordered, 406 b.
stock companies, parties to actions
by and against,97 c.
actions on judgments against,
71 f.

complaint by officer of, 153 c.
Judge not to sit in cause in which he
is a party, 44 d.

not to review his own decision,

27 b, 762.

not to hold any other office, 763.
election of, 765.

Judgment-continued.

compensation of, 764, 772.
not to take fees, practice as attor-
ney, or act as referee, 767, 36.
order of, when enforced in same
manner as an order of the
court, 312.

how vacated or modified, 524.
inability of, to hold a special term,
circuit court, or sit at a gen-
eral term, or preside at oyer
and terminer, provided for,
25 b.

disability of, 27, 27 b, c.
minutes of, motion for new trial

may enlarge time for taking any
proceedings, 688.

act relating to court of appeals
and commission of appeals,
768.

of supreme court to transact busi-
ness out of court, 27.
powers of, 27 d.

business commenced before one
judge in first judicial district,
may be continued before an-
other, 27.

has power throughout the State,
27 d.

has the special jurisdiction be-
fore the code vested in vice-
chancellors, &c., 27 d.
inability of, 27.

act relating to supreme court,
770.

of county court, powers of, 635,

628.

against one of several defendants,
357 a.

order for judgment, 357 b.
death of defendant before, 357 c.
where application for is to be
made, 357 d, 703.

when notice of application for
must be given, 357 e.
proof of plaintiff's demand, when
necessary, 358 c.

plaintiff's damages, how assessed,
358, 359.

commission to take testimony of
witness on assessment of dam-
ages, 359 c.

setting aside on writ of inquiry,
359 f.

after service by publication, 139 g,
359 g, 704.

for the difference on an admitted
demand and admitted coun-
ter-claim, 355, 360 b.
restitution on reversal of, 360 a,
356.

motion to open judgment for de-
fault of answer, 360 c.
appeal from order opening, or re-
fusing to open judgment for
default of answer, 361 f.
renewing motion to open judg-
ment, 361 g.
how directed, 427.

in the alternative, 427, 427 a.
settling form of, 428 i.

clerk to enter pursuant to verdict,

389.

manner of entering, 419, 390 a.
may be for or against any of the
parties, 419.

may grant defendant affirmative
relief, 419, 422 a.
against one, leaving action to

pro-
ceed against the rest, 419,
422 d.

against married woman, 419,
424 d.

against one of several defendants,
420 a.

on recovery by plaintiff with costs
to defendant, 421 i.

where there is no answer, 424 e.
where there is an answer, 424 i.

Judgment-continued.

clerk to insert costs in entry of,
503.

can be filed during office hours
only, 697.

on the pleadings, motion for, 237.
where there are issues of law and
fact, 427 b.

against joint debtors, 419, 140.
against partners, 140.
on counter-claim, 227 d.
against executor, 428 h.
on bond, 428 g.

for want of reply to answer, 237.
on frivolous demurrer, answer or
reply, 362.

to be entered in judgment-book,
428, 429.

death of party, when it does not

prevent entry of, 110 k.
when and how docketed, 68, 430.
entry on docket of, "secured on
appeal," 430, 432 n.

on report of referee, 416 c.
on issue of law, proceedings on,
401, 356 b.

on bond and warrant, &c.,executed
before July, 1848, 645.

of court of appeals, 18.

of superior court, how pronounced,

Judgment-continued.

after service, by publication, 139 g.
of United States court, provisions
of code as to lien of judgment
extended to, 431 a.

restitution on reversal of, 583, 527,
356, 360 a, 540 d.
satisfaction of, 458 d.

payment ot, does not prevent an
appeal, 523 f.

will not be reversed for technical
defects, 538 g.

actions on, regulated, 71, 80.
actions on, in justices' courts, 39,
66 c, d, 71.

time for commencing action on, 80.
defense to action on, 220 b.
presumption of payment of, 80 b,
74.f.

of court of special jurisdiction how
pleaded, 251.

book, clerk to keep, 428.
lien of, 430, 431, 56, 68, 69 b.
roll, 429, 429 a.

on confession, 39, 43 d. 597.
on counter-claim, 227 d.

for amount admitted due, 360 b.
parties to action to stay proceed-
ings on, 107 b.
notice of, 530 d.

compelling party to perfect, 529 d.
action to set aside, 361 h.

against New York city, set aside
pursuant to law of 1859,
361 i.

relief against on motion, 361 j.
against mayor, &c., of New York,

362 a.

on frivolous answer, demurrer or
reply, 362.

set-off of, 96 d, 458 m.

stay of proceedings on, action for,
107 b.

agreements to stay entry of, 429 e.
debtor, debts due may be paid to
sheriff, 468.

proceedings against, after execu-

tion returned unsatisfied, 460.
See Supplementary proceedings.
debtor deceased, proceedings against
representatives of, 589.

execution against property of, 437
enforcing judgment against, 30 a.
creditor deceased, execution in fa-
vor of, 435 e.

roll, when clerk to make up, 429.
of what constituted, 429 g, h.
it is the clerk's and not the attor-
ney's duty to make up, 429 g.