Trial by the court of the question of fact
-continued.

a review of, how obtained, 486.
by referee, 489.

See, Hearing, Notice of trial, Post-
ponement of trial, New trial,
Verdict.

tels, 468 k.

changing ground

defence, 468 m.

of action or

charging jury, 469 d.

deliberation of jury, 470 f.
separation of jury, 470 h.
interference with jury, 470 i.
sealed verdict, 470 k.
polling jury, 470 l.
irregularities at circuit, 471 a.
exceptions, 471 b.

ordering exceptions to general
term in first instance, 471 f.
cannot be part by one judge and
part by another, 484 c.
surrender of notes on, 222 d.
by jury, in what cases, 455.
how waived, 76 c, 484.
by the court, in what cases, 456.
of the question of fact, decision to
be given in writing, and be
filed with the clerk within
twenty days, 484.
judgment on decision, how en-
tered, 484, 486 a.
finding of judge on, what to
contain, 484.

finding by judge on, to be treat-

ed as a verdict of a jury, 485 d.
for the purpose of an appeal,
either party may except to a
decision on a matter of law
arising on,
486.

Trust

recorder of, may issue order in
supplementary proceedings,
560 a.

company, need not give secu-
rity when guardian, 881 a.
accounts of deposits with, 895.
orders to draw moneys from, 895.
Trustee, cause of action against de-
fendant as trustee cannot be
united with a cause of action
against him personally, 333 j.
complaint by, 190 d.
confession of judgment by, 723.
may be sued in an action for
claims arising on contract and
by operation of law, 332.
plaintiff may be required to give
security for costs, 585 j.
when personally liable for costs,
622.

security on appeal by, 665.
of an express trust, may sue with-
out joining party in interest,
116, 119 b.

who is a trustee of an express
trust, 119 b, 623 c.

costs in an action by or against
622, 623 a, c.

as to suits by, 108 h.

of religious society, action by and
against, 121 c, 117 d.
Truth, defence of, 329 a.
Turnkey, cannot be bail, 378 b.
Turnpike roads, jurisdiction of county
courts as to, 39.

U.

Uncertain allegations, 323 f.

Uncertainty, not a ground for demur-
See, Indefinite and uncertain.

rer, 258 c, 322 c.
remedy for, 325 b.
Undertaking, on answer of title in
justices' courts, 66.

on order of arrest, 375, 376 b.
on attachment, 419.

on claim and delivery, 393, 394.
on injunction, 406, 407 d.

on appeal, 660, 662, 665, 666, 671,
690, 695.

to be proved or acknowledged,852

Verification, &c.-continued.

copy of, must be served with
pleading, 306 h.

out of State, 310 h.
form of, by party to action, 310 a.
attorney or agent, 311 c.
effect of omitting, or of defect
in, 306 f, g.

by all the defendants, when re-
quired, 314 c.

when corporation is a party,|
307.

in justice's court, 74 j.

Vessels, proceedings for collection of
demands against, not affected
by the code, 835.

sale of, on attachment, 423.
action for hire of, 127 d.
See, Freight, Owner.

Void order, 776 b.

of exceptions, 867, 504 g.
of default, 340 c.

of provisional remedy, 360 a.
by public officer, as to place of
trial, 144 a.

Warrant, under act abolishing im-
prisonment for debt may now
issue in all cases prescribed
by that act, 153 b.

of attorney, given before July,
1848, judgment on, 795.

of attachment. See, Attachment.
for arrest of judgment debtor, 556.
Warranty. See, False warranty.
Waste, action of, abolished, and ac-
tion under the code substituted,
818.

who may bring, 108 d.
restraining, 824 i.

Whereby, meaning of, 196 dd.
Widow, cannot assign debts due her
late husband, 112 p.

Wife. See, Husband and wife, Mar-
ried woman.

of tort and suing on contract,
179 b.

of appeal, 637 f, 840.

of right to security for costs, 590 d.
of costs of circuit, 606 c.

of defect in process, 177 c.
of defence, 265, 704 d.

of defect in verification of a plead-
ing, 306 f, 311 b.

as to time to appeal, 645 h.

of objection to a complaint, 265,
255 b.

of objection to referee, 496 e.

of objection to arrest, 385 f.

of trial by jury, 76 c, 484.

of jury, 76 c.

of objection to jury, 465 b.
of inquest, 464 e.

of assignor of chose in action may
be a witness, 746 g.
admissions by, 524 f, g.
action for enticing away, 54.
domicile of, 145 d.

action for construction of, a
lowance in addition to costs,
439.

of real estate, validity of, may be
determined in supreme court,
29 c.
See, Surrogate.

Withheld papers, how supplied, 794.
Witness, how compelled to attend, on
trial, 749, 497 g.

on supplementary proceedings,

412.

not entitled to counsel, 409 e.
fees of, for attendance, 577, 616.
fees to a party to the action, 617 ƒ,
744 d.
allowance to, in proceedings sup-
plementary to the execution,
577.

punishment of, for disobedience to
orders of judge or referee,
578.

change of place of trial for conve-
nience of, 148.

before referee, 497 g.

referee cannot be, in a reference
before him, 498 a.

parties to action may be,,744.