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387 c.

Variance, continued.

Verification of pleadingscontinued.
in justices' courts, 62 b, 58.

by the attorney or agent, 240 c.
See Amendment, Mistake.

by the party, 240 d.
Vendor and rendee, joinder of, 107 c. copy of, must be served with
and purchaser, counter-claim be- pleading, 240 f, 239 a.
tween, 229 6.

out of State, 241 a.
Venire, in justices' court, 62 g.

form of, by party to action, 240 f.
Venue. See Place of trial.

attorney or agent, 241 c.
of affidavit, 637 h, 724.

effect of omitting, or of defect in,
affidavits to change, 724.

238 b.
Verdict, general and special, defined, by all the defendants, when re-

quired, 242 a.
separate, 384 f.

when corporation is a party, 241 b.
what verdict jury may render, 385. as evidence, 240 e.
in actions to recover personal prop- in justice's court, 61 e.
erty, 385 a.

Vessels, proceedings for collection of
part for plaintiff and part for de. demands against, not affected by
fendant, 386 e.

the code, 680.
for damages exceeding amount sale of, on attachment, 339, 339 f.
claimed, 386 f.

action for hire of, 103 i.
for interest, 386 g.

See Freight, Oroner.
for compound interest, 387 b. Void order, 632 a, 465 f.
for double and treble damages, Voluntary appearance, 34 b, 143.

by one of several partners, 141 a.
severance of damages on, 387 d. See Appearanee.
contingent damages on, 388 d.
altering, 388 e, 389 a, 271 a. Wager, right of action on, not assign-
sealed, 383 e.

able, 92 f.
polling jury, as to, 383 f.

parties, 103 f.
amnending, 271 a.

See Stakeholder.
special, controls general, 388. Wages of domestics, exemption law
assessing defendant's damages, does not apply to judgment for,

457 d.
subject to the opinion of the court, Waiver of irregularity in service of
390, 394 k.

notice, 640 k, 143 b.
entry of, 389.

of irregularity in service of sum-
entry of judgment on, 389.

mons or other paper, 640 k.
special, how settled, 708.

or irregularity in appointment of
wbat to state, 384 d.

referee, 408 6.
calling plaintiff, before delivery of, of exemption law, 457 h.

of security on appeal, 540.
in ejectment, 671 j.

of motion, 713 a.
interest on, when allowed, 502. of tort, and suing on contract,
county judge cannot order stay of 144 .
proceedings after, 628.

of appeal, 557 c, 683.
may be amended, 271 a, 386 e. of right to security for costs,
judge may entertain motion to set 486 i.
aside, 389.

of right to amend of course, 206 f.
death of party after, 109.

of defect in process, 143 b.
cures defects in pleading, 201 a. of defense, 210.
in justice's court, 64 h.

of defect in verification of a
on writ of inquiry, 359 f.

pleading, 238 1.
report of referee is not, 629 .

as to time to appeal, 529 g.
stay of proceedings after, 628.

of objection to a complaint, 203 a.

of pleadings, when neces- of objection to arrest, 301 d, e.
sary, 238, 238 6.

of objection that folios not num-
how to be made, 239.

bered, 702.
when it may be omitted, 239, of preliminary objection on mo-
240 a.

tion, 632 g.

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cases, 613 h.


of trial by jury, 396, 62 e.

attachment against for nonattend-
of jury, 62 e.

ance, 67 g.
of objection to jury, 377 b.

change of place of trial for con-
of inquest, 376 6.

venience of, 117, 121 a.
of commission, 616 a.

before referee, 411 a.
of case, 710.

referee cannot be, in a reference
of exceptions, 711, 417 j.

before him, 411 c.
of provisional remedy of arrest, parties to action may be, 608.
282 c.

interest not to disqualify, 612.
by public officer, as to place of service of summons on, 133 f.
trial, 118 a.

juror may be, 380 f.
Warrant, under act abolishing im- examined on commission may also

prisonment for debt may pow be examined the trial,
issue in all cases prescribed by 621 d.
that act, 279 b.

coplaintiff or codefendant may
of attorney, given before July, be examined as, 612.
1848, judgment on, 645.

examination of on commission,
of attachment. See Attachment.

for arrest of judgment debtor, conditionally, 622.

by consent, 625.
Warranty. See False warranty.

on motion, 628, 630 f.
Waste, action of, abolished, and ac- in supplementary proceedings,

tion under the code substituted, 470.

on trial, 706, 378 e.
provisions of revised statutes to

attorney not to be as to certain
apply to actions for, 665.

matters, 613 i.
judgment in actions for, 665.

physician cannot be, in certain
who may bring action for, 99 f.
restraining, 672 e.

clergy cannot be, as to confession,
Whereby, meaning of, 158 ee.
Widow, cannot assign debts due her

metropolitan police, when cannot
late husband, 91 f.

be subpænaed as, 614 b.
Wife. See Husband and wife, Married husband and wife as,

613 a.

in divorce cases, 748.
action for enticing away, 42 b, privilege from arrest, 278 a,
490 6.

295 c.
domicile of, 118 e.

service of summons on, 133 f.
Will, action for construction of, al- contradicting witness, 610 g.

lowance in addition to costs, punishing for refusing to testify,

of real estate, validity of, may be examination of justice as, 63 e.
determined in supreme court, See Attesting witness, Perpetuating

testimony, Account-books.
See Surrogate.

Work and services, complaint for,
Withhold papers, how supplied, 645.

196 b.
Withdrawing answer and demurring, Workman, lien of, 15 d.

Wrecks, jurisdiction of county court
Witness, horo compelled to attend, on as to, 30.
trial, 610, 410 c.

Writ of ne ereat, when it may issue,
on supplementary proceedings,

of injunction, abolished, 312.
not entitled to counsel, 467 g. of nuisance, abolished, 665.
fees of, for attendance, 505 d.

of assistance, 733 0.
fees to a party to the action, 608 e, of error, abolished, in actions, 522,

punishment of, for disobedience when proper, 523 a.

to orders of judge or referee, of inquiry of damages. See As-

8888ment of damages.

613 g.


269 c.

280 C.

506 g.

Writings. See Admission, Discovery | Wrong, court not to be made instru-
or Inspection of, 601.

ment of, 21.
Written admission.

death after verdict, in action for,
See Admission.

Written instrument, pleadings in ac- Wrongful act. See Death by.
tion on, 58, 162 d.

parties to action for, 97 h.
costs in action for construction of, Wrongful dismissal, action for, 197 d.

levy. action for, 450 f.

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