ordered, 316 c.
Paupers. See, Poor persons.
Penal action, parties to, 108 i, 120 b. Perishable property, proceedings on
summons in, 156 e, 157 b, g.
time of limitation in, 98, 99.
See, Penalty.
Penal bond, judgment on, 516 a.
Penalty, justices of the peace have ju-
risdiction of action for cer-
attachment of, 423.
may be sold notwithstanding an
appeal, 668.
Permission to sue, when to be alleged,
191 b.
when necessary, 86, 208 d, 165 c
435 j, 436 a, b, 811 ƒ, 409 f.
actions for, not affected by code, Perpetuating testimony, proceedings
action for, within what time to be Person, clerk or chamberlain is not a,
where to be tried, 144.
parties to action for, 108 i, 120 b.
complaint in action for, 235 g.
arrest in action for, 363.
Pending action. See, Action pending.
Pension, not assignable, 111 f.
People, when they will not sue for
real property, 91.
they or their grantees to sue with-
in twenty years in certain
cases, 92.
time of limitation applies to ac-
when they cannot sue or be sued
in justices' courts, 54.
parties to actions on bonds taken
in the name of, 116 e.
injunction at instance of, to sus-
pend business of corporations,
411.
service of summons on, 167 e.
costs in actions by, or in name of,
628.
place of trial of actions by, 144.
residence of, extends to every
county of the State, 802 ƒ,
145 a.
actions in name of, 802.
actions for forfeiture of property
to, 809.
may appeal without giving secu-
rity, 637 c, d.
may move cause out of its order
on court of appeals' calendar,|
844.
Per-centage, in addition to costs, 607.
in court of appeals, 601.
See, Allowance.
Perfected, when appeal is, 666 a.
Performance of conditions precedent,
how pleaded, 327, 248 c, 284 g.
how alleged, 248 c, 284 g.
answer of, 284 g.
for whose immediate benefit ac-
tion is prosecuted or de-
fended, 751.
name of, 323 e.
injuries to, cause of action for, may
be joined with cause of action
for injury to property, 332 d
crim. con. and seduction are,
364 a.
adultery is not, 364 a.
cruelty is, 364 a.
time for commencing actions
for, 97.
of unsound mind, sale, mortgage,
or other disposition of real
estate of, county court may
decree, 39.
care and custody of the person
and estate of, may be decreed
by county court, 39.
service of summons on, 163,
165 d.
when cannot be sued except by
leave of the court, 165 d.
confession of judgment by, 728.
provisions of revised statutes as
to custody of person and es-
tate of, not affected by the
code, 835.
execution against, 527, 528 a.
Personal claim, notice that none is
made, when it may be served,
160.
what to contain, 160.
effect of defending after, 160.
is not part of the process, 160 b.
fee for service of, 160 b.
certificate of service of, 160 b.
service of copy complaint after,
Personal property defined, 831.
action for fraud in sale of, 51.
injury to, 55, 56.
Personal property-continued.
time for commencing action for
taking, detaining, or injuring,
or for recovery of possession
of, 97,
summons in action for converting,
157 l.
complaint for, 237 a.
place of trial, in actions to recover,
143.
complaint for partition of, 235 f.
no partition of, 810 b.
arrest in action to recover, 363.
judgment in action to recover, 514.
costs in actions to recover the pos-
session of, 591.
distrained, action for recovery of,]
where to be tried, 143.
doing damage, answer, 331.
judgment, on failure to answer in
action to recover, or its value,]
446 g.
verdict in action to recover, 473 a.
levy and sale of, on execution,
536 c, f.
appeal from judgment for delivery
of, 664, 669 c.
See, Claim and delivery of personal||
property.
Personal representatives, who are,
Personal tax, commitment for non-
payment of, 46 d.
Personal service, what sufficient, 165 e.
appearance equivalent to, 177.
Petition, motion for discovery of
books, &c., to be on, 741 f.
for discovery, what to contain, 855.
orders granted on, to refer to, 878.
order or judgment on, may be en-
rolled or docketed, 878.
on appeal from surrogate, 873 m.
for appointment of guardian, 881.
for admeasurement of dower, 827f,
9, 835.
how addressed, 772 e.
Physicians, jurisdiction of county
court as to, 39.
not to testify to certain matters,
755 b.
Pilots, of port of New York, action
Place, how alleged in pleadings, 323 a,
of residence, 789 h, i.
See, Residence.
of sale of lands, 909, 890
Mace of trial of actions, to recover
real property, 143.
any estate or interest in real
property, 143.
Place of trial-continued.
to determine right or interest to
real property, 143.
for injuries to real property, 143.
for partition of real property, 143.
to foreclose a mortgage of real
property, 143.
to recover personal property dis-
trained for any cause, 143.
to recover a penalty or forfeiture
imposed by statute, 144.
against a public officer or his de-
puty, 144.
in other actions where parties re-
side, 144.
in actions by the people, 144 a.
may be changed, 145.
in what cases it may be changed,
Plank roads, proceeding to lay out, is Pleadings in courts of record—contin'd.
a special proceeding, 18 c.
appeal from, 680 i.
Pleadings, in courts of record, forms
of, abolished, 179.
sufficiency of, to be determined
by the rules prescribed by the
code, 179.
by corporations regulated, laws
1864, ch. 422.
lost or withheld, place of, how
supplied, 794.
the complaint, 184, 185.
See, Complaint.
the demurrer, 255.
See, Demurrer.
the answer, 266.
See, Answer.
the reply, 302.
See, Reply.
general rules of, 305.
mistakes and amendments, 339.
See, Amendments.
to be subscribed, 305, 306 a.
subscription of, 306 a.
to be verified, except demurrers,
305.
how verified, 307.
when verification may be omit-
ted, 308 a.
when agent or attorney may
make the verification, 309 e.
form of verification by the party,
310 a.
attorney or agent, 311 e.
verification, before whom, 311 b.
omitting verification, 306 f, g, h.
defective verification, 306 f, g, h.
verification by all defendants,
314 c.
to be in English, 314 e.
writing, numbering, and endor-
sing, 314 e.
how an account is to be stated
in, 315.
copy account to be furnished,
315.
further account may be ordered,
315.
bill of particulars, court may or-
der to be furnished, 315.
to be liberally construed, 316.
irrelevant or redundant matter
to be struck out of, 320.
indefinite or uncertain, pleading
may be ordered to be made
more definite and certain, 320,
judgments and determinations,
how pleaded, 326.
denial that judgment or deter-
mination was duly given, ef-
fect of, 326.
allegations of time, place, quan-
tity, quality, and value, 322,
323.
copies served, may be treated as
true copies by the opposite
party, 267 c.
objecting to, on trial, 465 g.
to state names of persons,
323 e.
conditions precedent, how plead-
ed, 327.
in action or defence founded on
instrument for the payment of
money, 327.
private statutes or rights deriv-
ed therefrom, how pleaded,
328.
libel and slander, how stated in
complaint, 328, 225 e.
answer in actions for libel and
slander, 329.
in actions to recover property
distrained doing damage, 331.
what causes of action may be
joined, 332.
allegations not denied, when
deemed true, 337.
new matter in answer (not á
counter-claim) is to be deemed
controverted as upon a direct
denial or avoidance, 337.
the like of new matter in a re-
ply, 337.
cannot be used as evidence in
criminal proceedings, 307.
to be legibly written, 314 e, 857.
folios to be marked, 314 e, 857.
each cause of action or defence
to be separately numbered,
856.
discovery to enable party to pré-
party may be sued by a fictitious
name, 356.
errors and defects not affecting
substantial rights, to be disre-
garded, 357.
supplemental pleading, when al-
lowed, 357.
when amended, to be answered
anew, 263, 344.
court to be furnished with copy
of, 471.
copies of, not to be given out in
divorce cases, 901.
using as affidavit, 409 j.
admissions in, 338 b, 304 f.
reading in evidence, 338 f.
motion for judgment on, 304,
Pleadings-continued.
defective, should be returned, and
Preliminary injunction. See, Injunc-
not treated as nullities, 256 ƒ, Preliminary objection on motion,
306 g, 857.
in justices' courts, 70.
in actions against foreign corpora-
tions, 800 f.
in actions against corporations,
Laws 1864, ch. 422.
See, Amended pleading, Answer_of
Title, Answer, Complaint, De-
murrer, Reply, Supplemental
pleading.
Points defined, 843 b.
to be printed, 841, 875.
to be furnished, 875, 843.
facts deemed established to be
stated on, 875, 843.
Police. See, Metropolitan police.
Policy of insurance,complaint on,224.
consolidating actions on, 335 h.
Polling the jury, 470 l.
Poor persons, suits by, not affected
by the code, 835.
cannot appeal in forma pauperis,
637 b.
not required to give security for
costs, 587 c.
Port warden and Pilot Act, actions
for penalties under, 120 b.
Possession of land, when presumed, 93.
summary proceedings to recover,
not affected by the code, 835.
summary proceedings to recov-
er, appeal from justice's decis-
ion to county court, 40 b.
of personal property, action to re-
cover in justice's court, 51.
action to arrest in 368 c.
of real property, when presumed, 93.
adverse, 93.
Possibility, assignment of, 109 h, 111 h.
Postage, to be paid on papers served
by mail, 789 c.
Postponement, costs on, 619.
at circuit, 466 b.
See, Adjournment.
Poundage, sheriff, when entitled to,
and amount, 535 f.
Practice, all inconsistent with the
code repealed, 833.
in cases not provided for, 832.
Preference, motions to vacate or mo-
dify a provisional remedy to
have, 778.
appeals from orders allowing pro-
visional remedies to have, 778.
of appeals, 27.
of causes in first district, 909.
of motions in first district, 910.
Premium note, complaint in action
upon, 211 g.
counter-claim against, 295 c.
Fresident of corporation, not bound to
produce books, &c., of corpo-
ration, 747 c.
Presumption of payment, 90 c, 96 c.
of possession, 93.
Priest not allowed to testify to certain
matters, 755 a.
Principal, liability of for act of agent,
and surety joined as defendants,
counter-claim between, 295 d.
Prisoner. See, Imprisoned convict, Im-
prisoned debtor.
Private roads, 41 a, 692 ƒ.
Private statutes, how pleaded, 328.
Privilege from arrest, 361 a.
Proceeding. See, Special proceeding.
Process out of justices' courts, provis-
ions of code as to service on
corporations applied to, 72.
execution to be deemed, 526.
notice of no personal claim is not,
160 b.
attachment under the code, is it?
416 d, 420 b.
indorsement on certain, 377 c, 853,
534 f.
duty of sheriff and coroner as to,
792.
return of, how compelled, 852.
assignment of right of action for
abuse of, 111 l, m.
See, Summons.
Production and discovery of books, pa-
pers, &c., 735.
application for, in what cases,
741 f, 855.
petition for, what to state, 855.
order for, what to specify, 855.
appeal from order, 681 o.
operates as a stay of proceed-
ings, 856.
referee cannot order, 499 b.
will be ordered on referee's cer-
tificate, 739 c.
of documents or chattels on the
trial, 468 k.
of books, &c., on trial, 747 a.
See, Admission, Inspection, and Dis-
Profert and oyer, in pleading, 250 e.
Prohibition not affected by the second
part of the code, 834.
on filing return to, rule to plead
may be entered, 877.
review of judgment in, 637 a.
Promise to pay debt of another, how
to be alleged, 204 d.
Promissory notes. See Bills and notes.
complaint on, 209 a.
Proof of service of summons, 175, 856.
of commencement of action, 100 a.
of notice of affirmance or reversal
of motion, when counsel to en-
dorse his name on, 878.
of laws of other States, &c., 795.
of public records of other States,
796 b.
of plaintiff's demand, 445 e.
of no answer received, 443 b.
of execution returned unsatisfied,
561 a.
of filing notice of lis pendens, 884.
of service, where party serving is
dead or insane, 787 f.
of citizenship, &c., by applicant
for admission as an attorney,
849.
of charter of city of New York,
795.
of land patent, 796 d.
of incorporation of foreign corpo-
ration, 796 e.
of records in court of Canada,
796 e.
of inferior courts, 796 e.
of corporation ordinances, 796 e.
of records in supervisors' office,
796 e.
office of collector of customs,
796 e.
See, Like Proof.
Property, the word defined, 832.
sold and delivered, complaint for,
220 e.
Provisional remedies-continued.
the provisional remedies mention-
ed in the code are not "spe-
cial proceedings," 649 e.
are not the ordinary proceedings
in an action, 790 c.
appeals to general term from or-
der granting or refusing, 679.
issue ex parte, 790 e.
causes of action for injuries to,
and the person, may be joined
in one complaint, 332 d.
distrained doing damage, answer
in action for, 331.
arrest in action for taking or de-
taining, 363, 368 e.
execution against, 526.
motion to vacate or modify, to
have a preference, 778.
appeals from orders allowing, to
have a preference, 778.
See, Arrest, Attachment, Claim and
Delivery, Injunction, Receivers,
Remedies.
Public nuisance. See, Nuisance.
(Public officer, actions against, where
to be tried, 144.
exempt from execution, 548 b.
ordered to be applied to execu-
tion, 568.
appeal from judgment for sale or
delivery of, 665.
disposal of, 723.
See, Personal property, Real property.
Provisional remedies, 360, 431.
waiver of, 360 a.
actions by and against, how
brought, 117 b.
when liable to arrest, 363.
who is, 368 d.
complaint, by and against, 189 c.
rights of, as to place of trial, 144.
waiver of rights of, as to place of
trial, 144 a.
confession of judgment by, 723.,
delivery up of books by, 46 d.
abatement of action by or against,
137 c.
See, Officer.
records, of foreign State, how proved,
796 b.
statute, how pleaded, 236.
Publication of appointment of terms
of supreme court, &c., 35.
of terms of county courts, 42.
of legal notices, time for, 795.
of notice of motion for leave to is-
sue execution, 523.
of advertisement, how proved, 175,
176 a, 795.
service of summons by, in what
cases, 167.
affidavit on order for, to be filed,
851.
copy summons and complaint
to be mailed, 172 e.
personal service out of State,
171 a.
when defendant allowed to de-
fend after, 169.
complaint must be filed, 169,
173 a.
need not be published, 172 f.
time to answer after publica-
tion, 175 a.
when service complete after, 175.
proof of, 175.
application for judgment after,
442, 447 e, f, 859.
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