Mortgage cases-continued.

proof of filing notice of lis pendens
in, 730 e.

reference, 731 a.

judgment for sale in, 731 b, 734.
appeal from judgment, for sale of
mortgaged premises, 544.

surplus on sale of, to be deposited,

734.

how surplus moneys obtained out
of court, 735, 737.

mortgage must be recorded before

deed executed, 737.
clerk to enter in minutes the filing
the mortgage, 737.
sheriff to sell in parcels, unless
otherwise ordered by the court,
737.

notice of sale, how to be published
736.

staying sale, 740.

staying proceedings on judgment,
for sale of, 544.

setting aside sale, 732 m.

limitation in action to redeem
from, 73 k.

by railroad company, complaint
upon, 194 b.

See Foreclosure, Satisfaction, Strict
foreclosure

Mortgage creditors, right of to redeem
from sale on execution, 454 g,
452 k.

Mortgage chattels, levy upon, on exe-
cution, 448 h.

Motion defined, 627.

what is a motion, 628 a.
in first district, 628, 629 h.
on notice, 628

preferred motions, 628.
compelling deposition on, 628,

630.

decisions on certain, to be made
within twenty days, 628.
where to be made, 629 c.
in Erie county, 629 f.
in Orleans county, 629 g.

to be on notice or order to show
cause, 631 g, 712.

all objections in one motion,
632 d.

papers on motion, 632 e.
right to begin on, 632 ƒ.
preliminary objection on, 632 g.
extent of relief on, 632 h.

amending moving papers, 633 b.
entitling order, 633 c.
order on, by default, 633 d.
entry of order on, 633 e.

Motion-continued.

countermand of, 634 a.
where to be heard, 713.
renewing, 634 b.

objections to complaint on, 635 a.
impeaching deponent on, 635 b.
death of party pending, 635 c.
transfer of, in absence of judge,
635.

how noticed, and defaults thereon,
721, 720, 713.
enumerated, 713.
nonenumerated, 713.

papers to be furnished on, 714,

715.

for discovery, 700.
contested, 713.

for new trial, 389, 390.

for judgment at general term, 395.
to have cause heard in an adjoin-
ing county, by reason of the
relationship of the justice, &c.,
25 a.

to strike out irrelevant or redun-
dant matter or to make plead-
ing definite and certain, 721.
to vacate or modify provisional
remedy to have a preference,
628.

transfer of, 27, 256, 635.
points on, 720.

questions of fact arising on, may
be referred, 403, 405 a, 628,
630.
reference on, to take deposition of
person refusing to make affida-
vit to be used on, 628, 630.
in court of appeals, 688.
in lieu of appeal, 523 h, 532 d.
costs on, allowed in discretion of
the court, 508.

order should determine amount
of, 508 e.

how collected, 509 c.

Municipal corporation, costs in ac-
tion against, 15 a. 479 b.
security on appeal, 15 a, 523 e.
injunction against, 317 d, 651 d, e.
Municipal ordinance, allegation of
violation of, 253 b.

proof of, 647 e.
Musician, service of

process on, 136 b.

Name, change of, pending an action,
268 g.

to be indorsed on papers, 698.
to be stated in pleadings, 248 g.
fictitious, when party may be sued
by, 174.

Name-continued.

mistake as to, 125 b, 149 e.
of court in summons, 124 c.
of court in complaint, 149 a.
of county of trial, 149 b.

of parties in the complaint, 149 e.
National Bank, action against, 13 b.
a foreign corporation, 330 c.
Naturalization of aliens, jurisdiction
of county court as to, 31 a.
Necessaries supplied to married wo-
man, action for, 100 c.

Ne-exeat, when it may issue, 280 c.
proceedings upon, 280 c.
Neglect, court may relieve from judg-
ment taken through, 273, 580 c.
Negligence, parties to actions for in-
jury by, 106 c.

complaint for injury by, 182 e.
how alleged, 198 b.

assignment of claim of damages
for, 92 c. See Injury.

New action, what is not, 589 c.
New assignment, not allowable, 235 d.
New matter, defined, 216 b.

must be pleaded, 216 c.

in confession and avoidance, 216 d.
New promise, to take case out of lim-
itation, 87.

New trial, motion for, on a case, 390,

391.

New trial-continued.

on appeal from judgment, 527, 573.
on appeal from justices of the
peace, 572, 573, 563, 580.
county court may grant, 29, 30 a.
costs on motion for, 393 0.
appeal from order denying, 393 p.
costs on appeal from order, 394 d.
appeals to court of appeals from

orders granting, 16, 17 d, 535 ƒ.
no appeal to court of appeals from
order denying, 394 f.
appeal to general term from orders
granting or refusing, 554, 558 g.
in ejectment, 671 a.

in divorce cases, 748 a.
evidence on, 393 n.

evidence on motion for, 394 e.
New York city, common pleas and
superior court of, 33.
charter, how proved, 646 c.
costs in actions against, 479 b.
service of summons on, 15.
setting aside judgment against,
361 i.

execution against, 15, 434 d.
appeals by, 523 e, 565 a.

See First Judicial district, Charter,
District court, Mayor of New
York, Streets, Superior court.
New York county, supervisors, service
of summons on, 132 d.

New York common pleas.

See Common pleas.

New York, superior court of.
See Superior court.

peal, 390 d, 391 a.

on issue, 392 b, 707.

for newly discovered evidence,
392 d.

for verdict against evidence, 392 c.
excluding evidence, 392 f.
want of evidence, 392 g.
surprise, 392 j.

charge of judge, 392 k.
for misdirection, 392 h.
admitting improper evidence, 392i.
for excessive damages, 392 7.
for inadequate damages, 393 a.
for perverse verdict, 393 b.
in penal action, 393 c.
in equity cases, 393 d.
where refused, 393 e.
for delaying decision, 397.

where decision does not authorize

a final judgment, 398.

on appeal from city court of
Brooklyn, 549 a.

Next circuit, what is meant by, 704 b.
Next friend, for married woman, not
necessary, 100.

Next of kin, who are, 105 a.
Nonenumerated motions, what are,
and where to be heard, 713.
hearing of, 720.

how noticed, 721. See Motions.
Nonimprisonment act, warrant may
issue under, 278.

not affected by code, 278, 279 b.
proceedings upon, 279.
Nonjoinder of parties, defense of, 219 c,
207 a. See Parties.
Nonrepair of premises, action for in-
jury by, 182 f.

Nonresident, who is, 284 d.

debtor, jurisdiction of county court
as to, 30.

service of summons on, by publi-
cation, 135.

attachment against, 332.

Nonresident debtor-continued.
may issue an attachment, 333 c.
arrest of, 281.

security for costs in actions by,
483 d.

service of papers on, 642.

has benefit of exemption law,457 c.
may be compelled to convey the
title to property out of the
State, 472, 471 c.
attorneys, 694 b, 643 d.
attorneys, service on, 637 f.
See Attachment.

Nonsuit, plaintiff may submit to, or
may be nonsuited on trial before
referees, 706.

has no right to submit to, after the
jury have retired to consider
their verdict, 706.

in what cases, 380 g.
effect of, 381 a, 397 a.
on inquest, 375 g.
in justice's court, 64 d.
before referees, 706.

See Dismissal of complaint.

Note of Issue, party giving notice of
trial to furnish, 369.

requisites of, and when to be fur-
nished, 369.

in superior court, 758.
duty of clerk on receipt of, 369.
fee on filing, 369, and in addi-
tion $6 for jury fees, Laws 1870,
ch. 539.

for general term, 714.

notice of argument in place of,
in court of appeals, 691.

Notes.

See Bills and notes.
surrender of on the trial, 181 a.
Notice, to be in writing, 638.

of nonacceptance, &c., of bill or
note, defense of, 217 c.
publication of, how proved, 646 a.
in summons, 126, 127 k.
service of, 638.

personal or as prescribed, 639.
by mail, 640, 641.
irregularity
640 k.
when not required on defend-
ant, 642.

in, how waived,

on party out of the State, 643.
to bring party into contempt,
643, 477 a.

where party appears by attor-
ney, 643.

proof of, 646 a, 701.

of motion generally, length of, 641,

714, 721.

at adjourned circuit, county
court, or oyer and terminer, 26.
before referee, 409 a.

where two actions between the
same parties, 372 a.

should state intention to take
inquest, 705.

should state intention to take
assessment of damages, 372.
and for affirmative relief to de-
fendant, 372 a.

insufficient, will render verdict
irregular, 372 b.

either party giving, may bring
issue to trial, 369.

of argument of appeal to gene-
ral term, 372 d, 552 e.

of argument in court of appeals,
691.

of adjusting costs, 503.

of settling the form of the judg-
ment, when it must be given,
428 i.

of sale on execution, requisites
of, 450 g, 451 f.

of sale of lands in New York, 736.
of sale in foreclosure, 737.
of no personal claim, 129. See
Personal claim.

of lis pendens, 129. See Lis pen-
dens.

of appeal, 526 a, 566 b.
Appeal.

See

legal, publication of, 646.
of claim of surplus money, 737.
See Constructive notice.

Nuisance, injunction to restrain, 318 k.
writ of, abolished, and action sub-
stituted, 665.

complaint in action for, 665.
Nullity, a pleading cannot be treated
as a, 204 c, 238 b, 702.

Nunc

of marriage, not to be declared by
default, 750.

order, when not to be treated as
a, 630 d.

pro tunc, ju dgment, 428 d,
528 h, 554 b.

leave to sue, 71 e.

exceptions, 400 e.

amending return, 446 c.

fense, 701.

folios, 702.

Number of counsel to be heard, 706, 687.

Oaths, referees may administer, 644.
Object of action, notice of, 129.
Obligation, meaning of in § 179, 288 b.
Occupants of State lands, removal of,
within jurisdiction of county
court, 30.

Occupation, when deemed to be under
legal title, 77.

under written instrument, 77.
Offer of defendant to compromise the
whole or part of the action, 597, 59.
in what actions, 599 b.
form, 599 e.

when it may be served, 600 b.
amendment by plaintiff, effect in,
600 c.

by joint debtors, 599 c.
by partners, 599 d.
when served, 600 b.
amendment of pleadings after,
600 c.

acceptance of offer, 601.
when offer deemed withdrawn,
598.

effect of offer if plaintiff do not
recover a more favorable judg-
ment, 598.

to liquidate the damages, 601.
effect of such offer, 601.

effect of acceptance or refusal
of such offer, 601.

what is a more favorable judg-

ment, 600 d.

costs after, 600 e.

entry of judgment, 600 g.
in justices' courts, 59.

of respondent, to correct judg-
ment appealed from, 583, 585 c.
Office, action for usurping, 652.
Officer of corporation or banking associ-
ation, when liable to arrest, 281.
of court, mistake of, not to preju-
dice party, 262 e.

to act as guardian, 724.

to require sureties to justify, 696.
how compelled to return process,
697.

of foreign government, action by,

99 g.

of foreign corporation, action by,
98 d.

in army or navy, service of pro-
cess on, 136 b.

See Public Officer, Official bond.

and other officers, proceedings
on, not affected by the code, 680.
action on, 99 j, 448 e.
Official capacity, what officers may
sue in, 89 f.

Omission, court may supply, 273.
See Mistake.

Opening judgment by default, 554 e,
135, 139 h, 360 c.

judgments against New York
city, 361 i.

Opinions of court of appeals, 18.
Oral examination on motion, 628,630.
Order, definition of, 627.

application for order to examine
a party or a witness on a mo-
tion, 630 f.

review of, on appeal from judg.
ment, 527.

binding, effect of, 634 c.
benefit of, how lost, 695.
time for complying with, 722.
distinction between, and judg-
ment, 627 e.

conditional order, 723 d, 304 b.
by default, 633 d.

made out of court, how vacated
or modified, 560.
entitling, 633 c.
entry of, 633 e.

void order, 632 a.
out of court, 628.

staying proceedings, 628, 630 a.
copy affidavit to be served with,
636, 703.

by county judge, 635 d, e, f.
See County Judge.

must be entered, before appealed

from, 560.

on petition, to refer to petition,722.
on petition may be enrolled or
docketed, 722.

on banks for payment of money,
741.

appointing guardian, 726.
for publication, 138 d.
to show cause, 712, 325.
appeal from, 16, 17, 548, 554.
See Conditional order, Final or-
der, Intermediate order.
Ordinary proceedings, provisional
remedies are not, 642 a.
Original, when copy may be used in-
stead of, 645.

Orleans county, motions in actions
pending in, 629 g.

Orphan asylum, sale or lease of real
property of, 21.

rooms for holding, 28.

Papers, service of, how made, 639.
by mail, 640, 641.

irregularitiy in service of, how
waived, 640 k.

when not required to be served
on defendant, 642.
on party out of the State, 642.
where party appears by attorney,
to be on the attorney, 643.
to bring party into contempt,
643.

lost or withheld, how place of sup-
plied, 645.

to be filed, 642, 645, 695.

transfer of, on change of place of

trial, 120 e, 695.

attorney to indorse his name and
residence on, 698.

to be furnished the court on mo-
tions, 714.

on appeal, 715.

to be furnished on appeal to the
court of appeals, 686.

to be printed, 715, 685.

to be marked by folios, and legi-
bly written, 702.

production of, on subpœna duces,
608f, 613 i.
See Discovery.

Parol agreement. See Agreement.
Part of claim, order to satisfy, 348,
353 i.

Partial defense, when allowed, 211 b.
See Mitigating circumstances.
Particulars. See Bill of particulars.
Parties to actions, who are, 88 b, c.
provisions as to, applied to jus-
tices' courts, 59.
how designated, 70.
in complaint, 146 e.

by assignees, 95.

by administrators, 97.
by executors, 97.

by trustees of express trust, 97,
98 d.

by and against joint-stock com-
panies, 97 c.

by and against towns, 97 d.
by and against carriers, 97 e.
between vendor and vendee,
107 c.

principal and surety, 107 e.
by and against public officers, 97
b, 99 c.

by and against private partner-
ships, 106 e.

by and against persons not in
being, 99 1.

by the United States, 99 i.
on bond of town superintendents,
99 j.

by trustees of religious societies,
99 k.

by banking association, 97 f.
on bond taken in the name of the
people, 97 a.

on note given to executor for debt
of his testator, 105 d.
on administration bond, 97 a.
by and against board of educa-
tion, 97 g.

by and against board of health,
99 c.

by Seneca nation of Indians,
99 d.

by a republic, 99 f.

by officer of foreign government,