entry on docket that judgment
secured on, 430, 432 n.
mistake in proceedings after
notice of, may be rectified,
525, 526.

amendment on, 272 b.
not made until notice of, is

served on clerk, 526 b.
service of notice of, 526 b.
clerk to transmit papers to ap-
pellate court, 526 b.
papers transmitted by clerk
may be amended, 527 a.
intermediate orders reviewed
on, 527.
judgment on, 527.

restitution on reversal of judg-
ment, 529, a, 583, 540 d.
new trial may be ordered on,
528 c.

discontinuance of, 521 7.
appellant parting with his inter-
est in subject of, 524 a.
stipulating not to, 523 g.

cannot be until after entry of
the judgment appealed from,
529 b.

entry of judgment may be com-
pelled to enable appeal to be
brought, 529 d.

when order is entered so as to
permit an appeal, 530 e.
amendment on, 272 b, 526 d.
costs on, 492, 495, 515, 480 c, d.
double costs on, 482 i.
death of party pending, 109,
112 e, 554 a, 525 d.
in proceedings to determine
conflicting claims to real
property, 664 d.

from orders allowing provision-
al remedies, 554.

in special proceedings, 555 a,
515.

to superior court, New York,
no longer exists, 11 c.
marking docket secured on,
430, 432 n.

to court of appeals, in what
cases, 581, 15.

what decision the court of ap-
peals may review, 532 g.
cases in which it does not lie,
533 f.

in mandamus, 532 b.

from judgment on award, 532 e.
from irregular judgment, 532 d.
from judgment by default,
532 e.

from commitment for contempt,
532 f.

from an actual determination,
532 g.

from a final judgment, 533 c.
in actions commenced in jus-
tices' courts, 533 g.

in special proceedings, 534 b.
from orders, 534 a, 535, 548.
statement of facts, 536 e, 711.
papers on, 536 g.

power of court on, 537 b, 17.
remittitur after, 538 b, 18.
when to be reheard, 18.
proceedings after decision of,
539 c.

on

appeal being perfected,
proceedings stayed, 545.
security may be dispensed with
or limited in certain cases,
545.
by executors, administrators,
trustees, or persons acting in
another's right, 545.

undertaking on, and service
thereof, 546.

security on, to be approved and
justify, 546.

secured on appeal, may be en-

entered on docket, 430, 432 n.
case of perishable property,
547.

undertakings on, to be filed,
548.

what papers clerk is to return,
526, 683.

appellant to cause the return

to be made, 526, 683.
how respondent may have it
dismissed for want of a re-
turn, 683.

if the return filed be defective,
a further return may be or-
dered, 684.

attorneys and guardians in
court below to be deemed
attorneys and guardians for
the same parties on appeal,
684.

Appeal to court of appeals-continued.
in calendar causes, a case is to

be made, 685.

what such case is to contain,
685.

cases and points to be printed,
685.

copies of case to be served on
adverse party, 685.
dismissal of, for want of a re-
turn, or for not serving copies
of the case, 685.

form of order of judgment in
court below after dismissal,
685.
proceedings on appeal under
subdivision 4 of § 11, 686.
copies of cases and points to be
furnished the judges, clerk,
and opposing counsel, 686.
one counsel only on each side,
687.

statements of facts on points,
687.

index to case, 685.

extended discussion on ques-

tion of fact not allowed, 687.
criminal cases to have a prefer-
ence, 687.

may be submitted on printed
arguments, 687.
motions, 688.
remittitur, 688.

time prescribed by rule may be
enlarged, 688.

revoking or modifying orders,
688.

rules, when to take effect, 689.
call of calendar, 691.

calendar to continue one year,
690.

to be noticed for January term
each year, 690.

notice of argument, 691.
no defaults allowed, 690.
proof of service of notice, to be
filed with the clerk, 691.
cases ordered to be re-argued,
how placed on calendar, 691.
exchange of causes on calendar,
689.

fifteen causes called each day,
689.

date of issue of passed causes,
691.

striking cause from calendar,
689.

elerk to keep memorandum of
the exchanged causes, 689.

costs on, 495, 496 k, 497 a.
in the supreme court, superior court,
and New York common pleas,
from a single judge to the gen-
eral term, from certain judg-
ments, 550.

does not stay proceedings, ex-
cept, &c., 550, 551 b.
how heard, 550, 713, 720.
security on, 551, b.

amount of security to stay pro-

ceedings on, 551 d.

notice, of security may be en-

tered on docket, 430, 432 n.

in the case of certain orders, 554,
557.

when not allowed, 555 c.

allowed, 557 a.

waiver of, 557 c.

order must be entered 558, c.
from order sustaining or over-

ruling a demurrer, 558 d.
order involving the merits, 558 e.
order involving a substantial
right, 558 f.

from an order granting or refus-
ing a new trial, 558 g.
security on appeal from order,
559 b.

stay of proceeding on appeal from
order, 559 a.
hearing of, 559 ƒf, 560.

costs on appeal from order, 495,
496 k.

from order at chambers on notice,
560.

noticing for argument, 552 e.
motion to dismiss, 552 g.

failing to settle and serve case,
552 h.

order of, on the calendar,552 f.
papers on, to be printed.

copy papers for the court on,
870.

Appeal in the supreme and other courts,
&c., in certain orders-continued.
what papers to be furnished on,
715.

within what time, 529.
in superior court.

See Superior court.

what questions may be raised on,
552 i.

when the judgment will be re-
versed, 553 h.

judgment on, 553 i.

costs on, 495 496 k.

death of party pending, 554 a.
opening judgment by default in,
554 e.

in special proceedings, 555 a.
from chamber order made ex parte,
560.

from judgment on report of referee,
416 h.

in justices' courts of Buffalo, 651.
to the court of common pleas for the
city and county of New York, or
to a county court from an infe-
rior court, existing laws as to, re-
pealed, 561.

in what court appeal to be had,
36, 562.

tinued.

form of undertaking, 568.

execution, how stayed, 568, 569.
effect of stay on previous levy,
569 d.

where justice dead or removed,
569, 572.

return, how made and compelled,
570.

cannot be compelled till fees
paid, 567 f, 570.

form of, defects in, how reme-
died, 571 a.

where justice is out of office,

571.

amended, 572.

noticing for hearing, 572.
on error in fact 573, 580 f.
hearing of, 573, 581 b.

to be on original papers, 573.
dismissal of, 574, 572.

respondent need not notice for
hearing, 573 c.

judgment on appeal, 573.
new trial on, 572, 574, 575.
exceptions not necessary to, 575 a.
what questions are reviewable,
575 b.

reversal of judgment for want of
evidence to support it, 577 c.
for admitting illegal testimony,
577 d.

in other cases, 577 e.

for errors of fact not appearing
on record, 574, 580 ƒ.
by default, 573 b. c.

reversal, mistakes can only be rec-
tified by, 579 h.
conditions on,
effect of, 581 g.

581 f.

when the court will not reverse,
578.

when judgment will be reversed,
579 b.

affirmance on, 581 c.

rehearing of, 582 a.
amendment of judgment of appel-
late court, 581 h.
judgment-roll, 582.

costs on, how awarded, 582.
on partial affirmance, 582, 582 b.
when court must award, 582 c.
of court below, 582 d.

on appeal in marine court, 586 g.
payment of judgment pending the
appeal, 582 f.

restitution may be awarded, 583 a.
set-off of costs and recovery, 583.
set-off of costs, 583.

offer by respondent to have judg-

ment corrected, 583, 585 c.
amount of costs on, 583, 586 a.
amount of costs on new trial in

county court, 584.

in discretion of court, 584.
amount of costs when appeal is
heard in the supreme court, 586.
when no costs allowed to either
party, 584.

fee to justice for his return, 585.
return of justice amendment of,
722.

from justices' courts in the city of
Buffalo, 562, b.

from marine court, New York, 561
a, 564, 586 g.

from judgment of justices' courts
in proceedings under mechanics'
lien law, 565 e.

from clerk's adjustment of costs,
506 h.

by municipal corporation, 15 a.
in summary proceedings to recov-
er possession of land, 31 a.
from surrogates' courts, not affect-
ed by the second part of the
code, 680.

rules regulating, 715.

court of, act relating to, 768.
Appealable order, 535.

default, 581 d.

reversing in part, 581 e.

when the court can only affirm the
judgment, 579.
amending judgment, 581 h.
rehearing of appeal, 582 a.

new trial, where defendant ap-
peared in the court below, 580 a.
where defendant did not appear
in the court below, and mani-
fest injustice has been done,
580 b.

Appearance-continued.

does not entitle defendant to no-
tice of application for provis-
ional remedy, 642 a.
by attorney binds client, 695 a.
voluntary, equivalent to personal
service of summons, 34 b, 143.
may a defendant not served ap-
pear, 143 c.

one of several parties may appear
voluntarily, 141 a.
Appellant, the party appealing is, 525.
Appointment of terms, &c., 25, 26.
Arbitration, proceedings on, not af
fected by the code, 681.

section 121 does not apply to, 110 c.
Argument. See Trial.

notice of, 712.

Arrest, no person to be arrested in a

civil action, except as pre-
scribed by the code, 278.
code not to affect the act to abolish
imprisonment for debt, &c., or
amendments thereto, 278, 279 b.
provisions of code as to, not to
apply to proceedings for con-
tempts, 278.

in what cases, 281.
persons privileged from, 278 a.
waiver of right to, 282 c.

election of remedy as to, 282 d.
of joint debtors, 283 c.

in action on contract, 283 d.
stay of proceedings does not pre-
vent, 284 c.

release of defendant, not a dis-
charge of order for, 293 a.
when defendant may be dis-
charged from arrest on the
ground of insanity or lunacy,
284 b.

on proceeding supplementary to
execution, 461.

in action by partner against his
copartner, 283 a.

sheriff may be arrested, 279 a.
defendant cannot be twice ar-

rested for the same cause, 283 f.
order staying proceedings does
not stay application for, 284 c.
in action for tort committed by a
married woman, 289 h.

of female, 282.

order for, by whom made, 289.
granting is discretionary, 283 e.
affidavit to obtain, 289, 290 a.
security on issuing of, 291.
when made, 292.

form of, 292, 292 b.