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Concealed defendant, attachment Confession in pleading—continued.

against the property of, 329. at whose instance set aside, 596 d.
service of process on, by publica- what confessions are not within
tion, 135. See Attachment.

this provision, 591 a.
Conciliation, transfer of cases from, for future advances, 591 b.
courts of, 21 b.

by joint debtors, 591 c.
Conclusions of law, 157 2.

by public officer, 592 a.
Condition in order, vacating order of by person of unsound mind, 592 e.
arrest, 304 b.

by married woman, 592 b.
on reversing judgments, 581 f.

by trustee, 592 c.
Conditional damages, 388 d.

by partners, 592 d.
See Damages.

not a disposing of property, 592, f.
Conditional examination, of parties to be filed and judgment entered
and witnesses, 608.

thereon, with $5 costs, 593.
in what cases, 622 e.

judgment roll, how constituted,
at what stage of the action to be

applied for, 622 f.

execution on such judgment, 597.
time for, 622 g.

execution for installment of such
attendance at, how compelled, judgment, 597.
622 h.

in justices' courts, 39, 43 d.
order to show cause why it should judgment, when perfected, 597 a.
not be had, 622 i.

setting aside judgment for irregu-
proceedings on, 623 d.

larity, 592 g.
punishment of witness for failing compelling debtor to give a new
to attend, 623 h.

confession, 596 i.
deposition taken on, may be read Conflicting claims to real property, ac-
in evidence, 624 a.

tions to determine, 664.
deposition on, how excluded, 6258. place of trial of, 117.
effect of death of party to action allowance in addition to costs in
after, 625 f.

proceedings to determine, 499.
reading or producing documents

may be by notice under the stat-
proved on, at the trial, 625 i.

ute, 664 f.
Conditional order, what is, 723 d.

See Adverse claims.
time for compliance with, 722, 723. to personal property, when inter-
Condition precedent, performance of, pleader allowed on, 114, 115 b.

bow pleaded, 251, 252 a. Consent, examination of witness on
Condonation, evidence of, 745.

interrogatories by, 625 k.
Confessing and avoiding, in plead- judgment in action for divorce,
ing, 216 d.

cannot be taken by, 750.
Confession in pleading, 216 d, 237 a, to refer, 402 a.
239, 240 e.

See Agreement.
to clergy, 613 9.

Consideration, when and how alleged,
of judgment without action, judg- 198 a, 163 a.

ment may be confessed for debt Consolidating actions, 258 k.

due or contingent liability, 591. Constable, actions against, within two
statement in writing and form
thereof, 592.

complaint against, 172 e.

for, held sufficient, 592 h bond, action on, 168 d.
insufficient, 594 i.

Construction of will, &c., allowance in
good in part, and bad in part, 595 h. action for, 608.
sufficient as to debtor, insufficient of pleadings, 61 f, 243.
as to creditor, 595 i.

of code, 678.
amendment of, 595 j.

of order of reference, 408 c.
verification of, 595 k.

of statute, appeal, 16.
signature to, 596 a.

Constructive notice, when notice of
authority to enter judgment, 594 h. lis pendens is, 129.
time to enter judgment on, 728, Consul, when he must plead his privi-
596 b.

lege, 210 d.
construction of, 596 c.

action against, 14 a.

years, 81.

Contempt, provisions of revised stat- | Copy-continued.

utes as to, not repealed, 681. when court may give leave for
provisions of code do not apply copy to be taken of documents
to service to bring into, 643.

in possession of opposite party,
review of proceedings for in court 601.
of appeals, 532 f.

clerk's fee for, 507.
in disobeyingorder in supplement- of pleadings, &c., to be furnished to
ary proceedings generally, 477 a.

court, 384
for not attending as a witness, 610. on jury trial, 384.
provisions as to arrest and bail, on enumerated motions, 714.

do not apply to proceedings on argument on special verdict,
for, 278.

party in, may move to vacate in- on appeal to general term, 715.
junction, 328 d.

from surrogate, 715.
referee can punish for, 410 g, 408. en not required in mortgage
judge at chambers may punish and partition cases, 714.
for, 28.

on case agreed on, 715.
in justice's court, 67 f.

on account, 242 d.
attachment for, not an action, 106. Coroner, when to act in place of
Contested motions, where to be heard, sheriff, 643.

provisions relating to sheriffs to
Contingent damages, 388 d. See

apply to, 643.

when execution to issue to, 443.
Continuance of action by assignee or action against, within three years.
representative, &c., 109.

order for, 113 e.

Corporation, individual suing, or
of trial, 383 g.

being sued as, 149 e, 274 d.
Contract, actions on, within what time dissolution of does not abate the
to be commenced, 80.

action, 110 g.
evidence of new, or continuing, president of, not required to pro-
must be in writing, 87.

duce books, 609 6.
judgment is, 223 e.

may examine adverse party as e
and tort, distinction between, still witness, 614 a.
exists, 144 b.

complaint in action by or against,
See Performance.

172 h.
Contradicting party called as a wit- complaint by or against stock-
ness, 610 g.

holders of, 195 d.
Controversy, court may determine, 114. service of process on, provisions
submitting without action, 587.

of the code applied to justices'
Convenience of witness, change of courts, 59.
place of trial for, 121 a.

service of summons on, 131, 132 a.
Conversion of property, assignment who is a managing agent of, 132a,

of right of action for, 92 i.
of property in foreign country, cannot set up defense of usury,
arrest for, 285 f.

222 b,
Conveyance, appeal from judgment may sue for libel, 185 c.
to execute, 544.

injunction to suspend business of,
Convict, cannot assign a thing in ac- 15 b, 326, 775.
tion, 91 f.

superior court, New York com-
service on, 132 e.

mon pleas, mayors' courts of
Convict labor, contract for, not assign- cities, and recorders' courts of
able, 93 j.

cities, have jurisdiction of, 33.
Coplaintiff, examination of, as a wit- provisions of revised statutes as

to, not affected by code, 681 a,
Copy of paper or pleading may be sub- 144 a.

stituted for a lost original, 645. time of limitation on bills, &c., of,
served, may be treated by the par. 86.

ty on whom served as a true actions against, in the name of
copy, 632 e.

the attorney general, 651.

174 a.

ness, 612.

479 g.

Corporation continued.

interest in, may be attached, 340.
judgment of forfeiture against,

parties to actions by creditors of,

103 f.
parties to action to charge stock-

holders of, 105 b.
verification of pleadings by, 239,

241 b.
proceedings supplementary to ex-

ecution cannot be instituted

against, 462 a.
sequestration of property of, 4626.
books of, how proved, 609 b, c.
may be examined as to property

of a judgment debtor, 470 a.
how examined as to property of

a judgment debtor, 470 a.
proceedings to dissolve, superior

court has no jurisdiction of, 34 b.
action to annul, 651.
injunction against, 15 b.
receiver of, 656, 352 f.
actions against, when to have a

preference on calendar, 373 a.
See Attachment, Foreign corpora-

tions, Joint-stock companies, Mu-
nicipal corporation, Quo war-
ranto, Religious corporations,

Scire facias.
Costs, all statutes, rules, &c., as to

costs or fees of attorneys, so-
licitors, or counsel, repealed,

478, 479 a.
amount of, to be regulated by

agreement between the parties,

certain allowances to prevailing

party, called costs, 479.
in special proceedings, 480 c.
against municipal corporations,

15 a, 479 b.
in certain actions where damages

claimed do not exceed $500,

479 i.
in actions against the mayor of

New York, 15, 479, b.
in action against school district

officers, 479 c.
in street opening cases, 480 a.
in surrogates' courts, 479 d.
in federal courts, 479 e.
as between attorney and client,

479 f.
on substitution of attorney, 479 h.
staying proceedings till costs of
previous action paid, 482 b,

672 f.


in action by married woman, 482 j.
of closing up insolvent and dis-

solved insurance companies,

483 a.
the liability of guardian ad litem

for, 509.
the powers of referees as to, 412 c.
malicious trespass, 483 c.
in action for trespass on lands,

489 d.
where favors granted on pay-

ment of, 498 f.
new trial, on payment of, 499 C.
where verdict part for plaintiff

and part for defendant, 480b.
on proceedings on forfeited recog-

nizances, 480 d.
on proceedings for forcible entry,

483 c.
agreement with attorney as to,
double allowed, 482 s, i.
treble, allowed, 482 h.
where action dismissed for want of

jurisdiction, 483 6, 491 h.
security for, 483 d.
See Security for costs.
to plaintiff of course, 487.
in several actions on one instru-

ment, 488, 491 d.
in actions in which justices'

courts have not jurisdiction,
487, 490.
where recovery is less than $50,

487, 490.
to defendant, 491.
to either party in discretion of the

court, 492.
amount of, 494.
allowance in addition to, 499,

See Allowance.
how inserted in judgment, 503.
dishursements, how stated, 503.
adjustment of, 503.
See, Adjustment.
in action in name of the people,

515, 516.
against an infant plaintiff, 508.
on a settlement, 517, 517 f.
where the defense is infancy, 4919,

521 f.
where defendants sever in their

defense, 492 6.
on a discontinuance, 517, 518.
See Discontinuance.
against an assignee of a cause of

action, 516.


Counsel- continued.
atter discontinuance in justice's to indorse papers on taking a de-

court by reason of answer of fault, 722.
title, 56, 489 e.

agreements as to compensation,
in an action by or against an ex- 479 9, 695 f.

ecutor, an administrator, or a right to address jury, 377 e.
trustee of an express trust, or only one on each side to be beard
a person expressly authorized in court of appeals, 687.

by statute to sue, 510, 511 e. in court of appeals limited to two
in proceedings against joint debt- hours, 689.

ors, heirs, devisees, &c. (88 admission and examination of, 693.
375–381), 495.

number of, on trial of issues of
on claim against a deceased per-

fact, 706.
son, referred pursuant to the on hearing at general or special
statute, 509, 513 e.

term, 722.
in action to recover dower, 495. advice of, how sworn to, 703,
on sale of real property of infant, 374 d.

to stand to examine witnesses, 706.
on confession of judgment with- witnesses not entitled to, 467 g.
out action, 597.

See Attorney.
on submitting controversy with Counsel fee. See Alimony, 745 k.
out action, 588.

Court of appeals, act relating to, 768.
on review of a decision of an in- Counter-claim, defendant may set up
ferior court in a special pro-

in answer, 223.
ceeding, 515.

what may be set up as, 148 d, 223.
in partition, 500, 663 e.

when allowed, 223 e.
in foreclosure, 500.

extent of, 224 6.
set-off of, 458 m, 421 i, 583.

is broader than set-off, 224 b.
after offer of defendant to com- when disallowed may be the sub-

promise, or to liquidate dam- ject of a new action, 224 C.
ages, 583, 586 d.

election between, and cross-action,
after notice of no personal claim, 225 b.

must exist in favor of defendant
on appeal, 491 e, 492.

against the plaintiff, 226 .
from surrogate, 515.

must be in favor of a defendant
in a special proceeding, 555 a. and against a plaintiff between
against assignee, 96 f, 516.

which plaintiff and defendant
attorney, when liable for, 483, & several judgment may be

had, 226 C.
party in interest liable for, 516. must exist in favor of defendant
lien of attorney for, 459 b, 480 e, at commencement of action,
663 f.

227 a.
on postponement of trial, 508. by stockholders in building so-
on motion, 508.

ciety, 228 C.
of inspection, 606 f.

in an action on contract, 227 b.
of previous appeal must be paid in an action of tort, 223 e.

before second appeal, 524 d. in action by assignee, 228 a.
in supplementary proceedings, for dower, 673 e.

between landlord and tenant,
in justice's court, 66 i.

228 d.
on motion for new trial, 393 0. in foreclosure, 229 b.
on appeal from order granting or in action on premium note, 229 d.
refusing a new trial,
394 d.

between principal and agent,
against corporation, how col-

224 a.
lected, 656.

between trustee, 224 a.
See Interlocutory costs, Disburse- vender and purchaser, 229 b.

sufficiency of answer setting up
Counsel, when liable to arrest, 287 b. a counter-claim, how deter-
cannot be bail, 293 c.

mined, 225 d.

487 a.

31 a.

up, 225 6.


County courts-continued.
answer setting up matter as a appellate jurisdiction of judgment

counter-claim should state ex- under mechanics' lien law,
pressly it is intended as a
counter-claim, 225 d.

power of on appeal, 31 d.
when the statute of limitations is a appeal from, to supreme court,
bar to, 227 c.

31 J, 548.
judgment on, 227 d.

County judge, has power of a judge
judgment for excess over, 355.

at chambers, 635.
amendment by adding, 269 C.

power of, 628, 629 6, 635, 636.
several may be set up, 226 a.

fees of, 29 a.
defendant is not obliged to set it orders of, how reviewed, 635.

may enlarge time for taking pro-
counter-claim in the reply, 236 a. ceedings in the action, 636.
reply or demurrer to, 235.

appeal from, 548, 549 e.
in reply, 236 a.

See, Special county judge.
allowance of, on the trial, 375 h, County treasurer, moneys to be paid
377 h.

to, 740.
discontinuance after, 520 c.

accounts of, how to be kept, 741.
recovery on in justices' courts, 57. to make an annual report, 741.
cannot be struck out as sham, reference to examine his accounts.
232 a.

Countermand of notice of motion, Court, meaning of the term the court,
634 a.

729 b.
County, form of summons in action and chamber business, distinction
against, 125 f.

between, retained, 27 b.
parties to action by or against, name of in complaint, 149 a.
97 b.

below, what is, on appeal, 547 e.
See Place of trial.

attorneys and guardians in, to
County courts, existing provisions of

be deemed such in court of
law as to, repealed, 28.

appeals, 684.
pending suits not affected by re- verdict subject to opinion of, 390,
peal of existing law, 28.

394 k.
jurisdiction of, 20, 30 á, and Laws moneys brought into, 740.
of 1870.

order for paying moneys out of,
power as to jail liberties, 30.

exclusive power to review jus- delay of, not to prejudice, 262 e.
tice's judgment on an appeal,

trial by, 368, 396. See Trial by

the Court.
when open, 31.

of appeals, jurisdiction of, 15.
terms of, 31.

additional jurisdiction of, 17 a.
jurors in, 32.

act relating to, 768.
costs in, 29, Laws 1870.

appeals to, 15.
supreme court rules apply to, 678. appeals to from justices' courts,
new trial in, of cases arising in

16, 17.
justice's court, 562, 563 a.

second appeal to, 524 d.
costs on, 586 d.

papers on, 536 g.
of Kings and Erie counties, excep- either party may bring on
tion as to, 30.

cause for argument, 691.
suits pending in mayors' and re- cases where appeal lies to, 532.
corders' courts may be trans-

power of, 17.
ferred to, 33.

after remittitur court has no
suits in, may be transferred to su-

jurisdiction, 538 h.
preme court, in case judge in- terms of, 18.
terested, &c., 30.

additional terms of, 18.
have jurisdiction of appeals in preference of causes, 18.

summary proceedings to re- judgment of, how pronounced,
cover possession of land, 31 a.

sheriff to provide rooms for, 19.

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