of oyer and terminer, statutes as
to, repealed, 20.

of justices of the peace, 38.
See Payment into court.
Courts, enumeration of, 12.

of conciliation, transfer from,
21 b.

jurisdiction of, generally, 13.
Covenant parties to action on, 98 c,
106 b.

summons in action for breach of,
127 d.

answer in action on, 222 f.
complaint for breach of, 174 b.
Creditor's bill is an action, 10 a.
where a proper remedy before the
code, relief may now be had by
by action, 175 a.
defendants in, 104 e.
time of limitation, 81 f.
what complaint, in nature of,
should state, 175 a.
receiver in, 353 h.

supplementary proceedings sub-
stituted for, 462 c.

Criminal actim, defined, 10.

cases, have preference on calendar,
720 c, 687.

by reason of injunction, 324.
not to exceed amount claimed,
386 f.

assessment of, 358 c.

in justice's court, 65 a.

See Special damage, Unliquidated
damage.

Date of issue, 549 h, 714, 417 g.
of complaint, 156 b.

Death of party to action, effect of, 109,

110, 111, 112, 357 c, 651, 662, 669.
effect of, on time of limitation, 85,
after report of referee, 407 g.
pending a reference, 407 h.
pending supplementary proceed-
ings, 112 d.

pending an appeal, 109, 554 a,112e,
325 d, 554 a.

pending a motion, 635 c.
after verdict, 109.

after arrest on execution against
the person, 441 e.

after return filed in court of ap-
peals, 525 d.

of referee, 407 h.
of attorney, 694 g.

30 a.

of judgment debtor, execution after,
435 a.
enforcing judgment after,
proceedings after, 589.
creditor, execution after, 435 €.
of persons on whose life any par-
ticular estate depends, proceed-
ings to ascertain, not affected
by code, 680.

by wrongful act, parties to action
for, 97 h.

summons in actions for, 126 g.
complaint in action for, 181 c.
assignment of claim for, 92 c.
death of defendant in action
for, 111 j.

of justice, whose judgment is ap-
pealed, effect of, 5€9, 572.

or removal of sheriff, 447 g.
of client, authority of attorney
ceases, 694 f.

See Scire facias.

of plaintiff in foreclosure, 734
d, 110.

in replevin, 110 e.

in ejectment, 110, 669 f.

ination.

Debtor to judgment debtor, may pay
amount of his indebtedness to
sheriff in certain cases, 468.
to judgment debtor, examination
of in supplementary proceed-
ings, 468.

confined for crime, code does not
apply to attachments against,
680.

See Absent debtors, Concealed debt-
ors, Imprisoned debtors, Insolvent
debtors, Joint debtors.
Deceased person, cost on reference of
claim against, 509, 513 e.
judgment debtor, proceedings
against heirs and devisees of
588, 589.

judgment debtor, execution a-
gainst property of, 435 a.
judgment creditor, execution in
favor of, 435 e.

representative of, proceedings a-
gainst, 589.

specific performance by heirs of, 29.
Deceit, assignment of right of action
for, 92 g. See Fraud.

Decision, new trial for judge delaying,
397.

on trial by the court to be filed,
397, 397 d.

on trial by the court, how re-
viewed, 398, 398 d.

on motion to be within 20 days,628.
by referee, 409.
Decree, time for commencing action
on, 80.

of surrogate, appeals from, regu-
lated, 715.

See Judgment.

Deed, assignment of right of action to
set aside, 92 h.
See Fraudulent deed.
Default of answer, when judgment may
be taken for, 354, 703.
when plaintiff may be required
to give security before taking
judgment for, 704, 359 g.

in court of appeals, not allowed,

690.

Default-continued.

order or judgment by, for not ap-
pearing to oppose motion, 633 d.
counsel taking, to indorse paper
containing proof of service, 722.
in proceedings to obtain manda-
mus or prohibition, 721.

notice of retainer after, 699 d,
357 e.
judgment by, not allowed in ac-
tion for divorce, 712.
in partition, 661, d.

opening judgment by, 360 c, 554
e, 135, 139 h, 581 d, 580 c.
appeal from judgment by, 532 e.
review of order on motion to
open, 361f. See Inquest.
Defect of parties, demurrer for, 207 a.
in proof of service, supplied, 142 a.
in complaint cured by answer,
200 h.

in pleading cured by verdict, 201 a.
See Errors and defects, Mistake.
Defense, meaning of, 216 b.

occurring after commencement of
action, 219 b.

mitigating circumstances are not,
216 b.

complaint need not anticipate,
160 b.

after judgment, 356.

in bar and in abatement, 230 b.
sham and irrelevant, may be struck
out, 231.

each to be complete in itself, 229 h.
See Answer, Equitable defenses, Ir-
relevant defenses, Partial defenses,
Sham defenses, Several defenses.
Defendant, party adverse to plaintiff,
is, 70.

who to be, 105.
who is not a, 88 c.

nonresident, or who cannot be
found, how served, 134, 136.
transfer of interest of, 113 d.
death of, 111, 109, 357 c, 651 a,
662 i, 669 h. See Death.
pleadings on part of, 202.
character in which sued, to be al-
leged in complaint, 154 a.
appearance by, 143, 698.
See Appearance.

entitles to notice of all ordinary

proceedings in the action, 642.
does not entitle him to notice
of application for provisional
remedy, 642 a.

notice to, of application for judg-
ment, 357 e.

Defendant-continued.

may treat copy complaint served
as a true copy, 632 e.
rights of, where served by publi-
cation, 135.

when he may demur, 204.
cannot move for injunction, 314 c.
order on, to satisfy amount admit-
ted due, 353 i, 348.

affirmative relief to, 389, 419, 422 a.
judgment against one of several,
419, 420 a.

damages of, jury to assess, 389.
when papers need not be served
on, 642.

charging in execution, 442 h.
costs to, of course, 491, 491 f.
costs where several defendants,
492, 492 b.

offer of, to compromise, 597.
in person, to indorse residence,
&c, on papers, 698.

when to furnish copy pleadings to
court, 384.

judgment against one of several,
422 d.

execution against person of, 440 a.
See Absent defendant, Codefend-

ant, Parties, Several defendants,
Arrest, Offer, Confession of judg-

ment.

Deficiency, on mortgage, county court
has jurisdiction for collection
of, 29.

court may compel payment of, 256.
Definite. See Indefinite.
Definitions and divisions, 9.
Deliberation of jury, 64 f.

Delivery of personal property. See
Claim and delivery of personal
property.

of books, &c. See Books.

Demand that trial be had in proper
county, 119.

of copy complaint, when and how
made, 127, 128 d.

of relief, 201 d. See Relief.

of admission of documents, &c. 601.
of particulars, 242.

against ships and vessels, not affect-
ed by the code, 680.

against mayor, &c., of New York,
192 b.

when to be alleged, 198 c.
Demised premises, proceedings for re-
covery of, not affected by the
code, 680.

Demurrer, or answer, only pleading
on part of defendant, 202.

Demurrer-continued.

within what time to be served, 202.
differs from an answer, 204 b.
regularly served, cannot be treated
as a nullity, 204 c.
decision on, how appealed from,
558 d.

to complaint, in what cases, 204.
when proper, 204 e.
admission by, 205 a.

several causes of, 205 b.
appropriate cause of, to be
stated, 205 c.

bad in part bad altogether,
206 a.

may be to all complaint or to
any one alleged cause of ac-
tion, 208.

may assign several grounds
of, 205 8.

can only be for cause men-
tioned in the code, 204 e.
that court has no jurisdiction of
the person, 206 b.

that plaintiff has no legal ca-
pacity to sue, 206 c.
that another suit pending for
same cause, 206 d.

for defect of parties, 207 a.
for improper joinder of cause of
action, 207 e.

where cause of action barred by
statute of limitations, not al-
lowed, 74 h.

for not stating facts sufficient
to constitute a cause of ac-
tion, 208 a.

must specify the grounds of ob-
jection, 208, 208 d.
objections not appearing on
face of complaint to be
taken by answer, 209.
grounds for, when deemed
waived, 210.

and answer, 231.

for improper joinder of causes
of action, proceedings after,
265.

to answer, in what cases, 235, 236 b.
sufficiency of complaint may

be considered on, 236 e.
will be allowed after denial of
motion to strike out answer
as sham and irrelevant, 234 e.
to insufficient answer, omitting,
consequences of, 236 i.
to supplemental pleading, 276 d.
to counter-claim, 235.
to reply, 237.

frivolous, judgment on, 362. See
Frivolous demurrer.

judgment for want of an answer,
after overruling, 356 b.
costs on amendment after, 496 d,
498 f

to one of several defenses, judg-

ment on, 428 b.
appeals to general term from or-
der overruling, &c., 558 d, 554.
amendments after, 265, 268 a.
in justices' courts, 58, 61 g.
See Frivolous demurrer, Speaking
demurrer.

Denial, how made, 212 b.

of knowledge or information,
212 e.

what may be denied, 213 a.
what may be given in evidence
under, 214 d.

what cannot be given in evidence
under, 215 c.

See General denial.
Departure, what is, 237 d.
Deposit, in lieu of bail, defendant may
be discharged from arrest on,
293.

sheriff to give defendant certifi-
cate of, 299.

to be paid into court, 299,
substituting bail for, 299.
disposition of, 300.

of moneys, &c., in court, 740.
order for payment of, out of court,
741.

with Trust company of New
York, account of, how kept,
741.

in lieu of security, on appeal,
540, 542, 567 h.

Deposition to be used on motion, 628,
630 f.

See Commission, Conditional ex-

amination

Descent cast, effect of, 79, 78 d.
Destroyed note, complaint in action
upon, 171 g.

Determination, complete, ordering par-
ties to be brought in to effect,
114.

of ultimate right of the parties,
power of the court to make, 419.
of conflicting claims to real prop-
erty, 664.

to personal property, 305.j
by interpleading, 114.

Determination-continued.

of action, what is, 503 ƒ.

See Actual determination, Final
determination, Judgment.
Devise, contesting validity of, in ac-
tion for partition, 661 f.
jurisdiction of supreme court as
to, 21, note.

Devisees, proceedings by and against,
not affected by the code, 680.
of deceased judgment debtor, pro-
ceedings against, 588.

See Joint debtors, &c.

Director of moneyed corporations, pro-
visions as to limitations of ac-
tions, not to apply to actions
against, 86.

of judge, &c., 636 b, 44 d.
of justice of the peace, 44 d.
See Inability.
Disagreement of jury, 65 b.
Disbursement. See Adjustment of
Costs.

Discharge, under bankrupt or insol-
vent act, defense of, 218 e.
execution after, 435 h.

from arrest on execution, effect of,
441 f, 435 h.

from arrest, 293 a, 279 f.

See Bankrupt, Bunkruptcy, Sat-
isfaction.

Discontinuance of action, of course, on
payment of costs, 517 i.

before notice of retainer, 518 e.
without costs, 518 f.

not a bar to a new action, 519 k.
is a step in the cause, 520 a.
effect of, 520 b.

after counter-claim, interposed,
520 c.

in action to dissolve partnership,
520 f.

in foreclosure, 520 g.

after answer of action pending,
521 e.

after defense of infancy, 521 ƒ.
action on promise to enter, 42 b.
in justice's court, by nonappear-
ance, 49 b.

Discontinuance of action—continued.
after order for new trial, 520 h.
of action for installment on
bond, 520 i.

a

after defense of forgery, 521 a.
of proceedings against insurance
companies, 521 b.

after supplemental complaint,
521 j.

without notice to attorney, 521 k.
of appeal, 521 7.

of actions by overseers, 521 g.
of action to recover personal prop-
erty, 306 c.

as to one defendant at the trial,
521 i.

is a final determination, 354 a.
in justice's court, by reason of title
coming in question, 54.
election as to, 521 m.
setting aside, 522 a.
Discovery, action for, abolished, 607.
of property, order for, 460.

of death of tenants for life, 680.
of books, papers, &c.
code not a substitute for provis-
ions of revised statutes, 602 a.
superior court, court of common
pleas, and mayors' and record-
ers' courts may order, 35 b.
at what stage of the action the
order may be made, 604 c.
who may make an order for,
604 d.

when the order will be granted,

602 a.

to prepare pleading, 603 d.
order for, 606 e, 700.

to operate as a stay, 701.
further, when ordered, 606 g.
motion for, how made, 604 e, 606 b,
700.

opposing motion for, 606 c.
costs of inspection, 606 f.
inspection, 607 b.

appeal from order for, 607 d.
order for, how enforced, 699.
proceedings for, is not an action,
10 b.

under subpana duces, 613 i.
motion for, is not an action, 10 b.
Discretion as to costs in what cases,
492, 492 a, 508 d.

what orders involve, 534 d.
Dishonoring note, complaint against
banker for, 171 h.
Dismissal of appeal, for want of prose-
cution, in the court of appeals,
109, 110, 683.

Dismissal of appeal-continued.

on appeals from justice's court,
572, 566 a.

to general term, 552 g.
wrongful, complaint for, 197 d.
of complaint, for not serving copy,
419, 422 g.

a substitute for judgment, as in
case of nonsuit, 381 a.
referee may order, 410 g.

for not filing security for costs,
496 h, 723 c.

for not proceeding in action, 110 Z
423 e, 704.

is a judgment, 424 b.

at circuit without putting cause
on calendar, irregular, 372 b.
effect of on injunction, 315 e.
See Nonsuit.

Disposing of property, confessing judg-
ment is not, 592 ƒ.

arrest for, 289 a.

Dispossessing proceedings, appeals
from, 31 a.

in district courts N. Y. 67, 68.
Disputing service of summons, 142 b.
Dissolved companies, receiver of, 352 ƒ.

actions against shareholders, &c.,
in, 98 a.
Dissolution of corporation, does not
abate the action, 110 g.
Distrained property, answer in action
to recover, 255.

place of trial of action for, 117.
cattle, &c., doing damage, proceed-
ings as to, not affected by the
code, 681.

District, the word defined, 677.

courts, in the city of New York,
appeals from, 36, 564.
transfer of actions from, 562 a.
may issue commission, 614 h.
supreme court rules apply to,
693 d.

proceedings in to dispossess ten-
ants, 67, 68.
stenographers in, 67.
trial fee in, 67, 68.
Division, of act, 11.