423

SEC.

PAGE,

346

11 17
11 17
11 17

232 192
233 192

18 25
19 25
288 218
289 248
381 304
415 312
416 313

342
343

17 25

SPECIAL PROCEEDINGS IN RELATION TO MILLS,
SPECIAL TERMS OF SUPERIOR COURT,

Governor to call, and to appoint judge,
judge or commissioners to recommend,

jurisdiction of—to continue till business disposed of,
SPECIAL VERDICT,

definition of,

when jury may find,
STATE,

when it will not sue for real property,
claim of, to real property, when barred,
costs in civil actions by,
costs in action by, for private persons,
forfeiture of property to,
claims against,
claims against, how prosecuted,
decree for partition in another, when enforced,

law passed in another, how adjudged,
STATUTE,

of limitation, objection of, must be taken by answer,
person expressly authorized by, may sue in his own

name for another,
private, how pleaded,

inconsistent with Code repealed,
SUBJECT OF ACTION,

persons having interest in, to be plaintiffs,
demurrer, when court has no jurisdiction of,

transactions connected with,
SUBPCENAS,

to be issued by clerk, when,
how served,
need not be signed by clerk,

may be served by mail, when,
SUITS,

not transferred, to abate, when,

existing at adoption of Code,
SUMMONS,

action commenced, by issue of,
by whom issued,
form of,
under act suspending the Code,
what to contain,
return of,
how served,
service of, in suit against corporation,

57 42
123 109
392 306

60 45
95 81
126 112

0343 286
349 289
349 290
350 290

401 309
402 309

70 58
71 58
73 60
a73 61
74 61
75 62
82 65
82 65

SUMMONS,

against minor under fourteen years of age,
how served on one of unsound mind,
to be served on the defendant personally,
personal service, how made,
service upon corporations under act of 1868–'69,
service by publication,
service of, when complete,
when to be served, when warrant of attachment

issues,
against personal representative of judgment debtor,
against joint debtor not served before judgment,
to show cause why judgment should not be entered,
after judgment to issue on affidavit,
under act suspending Code,
application for year's support to be made by,
in application for writ of mandamus,

197 164
319 269
320 269
320 269
321 270

314
326
389

136 127

SUPPLEMENTAL PLEADINGS,
SUPPLEMENTAL PROCEEDINGS,

order for discovery of property in,
order for examination of judgment debtor,
examination of debtor,
witnesses may be summoned in,
party or witness compelled to attend,
receiver under,
judge may allow costs in,

264 225
264 266
266 229
267 230
268 230
270 231
273 233

10 11

SUPERIOR COURT,

regular terms of,
in term, has jurisdiction of special proceedings by

consent,
appeal may be taken to, when,
application for the sale of real estate to be made by

petition in the
report of commissioners to make partition,
actions heretofore begun in, (mills),

a90 74

325

337
344
350

SUPREME COURT,

judgment of, on appeal,
jurisdiction of,
to hear claims against the State,
rules of,
form of record for, (rule),

314 265
413 312
415 312

363
369

SURETIES,

of clerk to justify,
exception to,
in claim and delivery, to justify,
justification of defendants,
on undertaking of indemnity, to justify,

55

137 128
180 146
180 146
182 147
210 172

SEC.

PAGE.

SURPRISE
relief in case of,

133 123
SURVEYOR,
who authorized to employ, in partition,

335
TAXES,
homestead not exempt from,

a274 236
TENANT,
possession of, deemed that of landlord,

26 29
in common, some may be barred and others not,

52 38
for life may recover for improvements,

h263 223
TERMS OF THE SUPERIOR COURT,

appeals from, after term of, Supreme Court, of (rule), 365
special term of,

11 17
term of, prolonged to conclude trial for felony, 397 308
TESTIMONY,
of party may be rebutted,

336 276
of party, how rebutted,

338 276
of party, as to transactions with deceased,

343 279
by party, not responsive to inquiries,

338 276
TIME,

not counted to bar action when party is under disa-
bility,

27 29
of stay by injunction, not counted to bar action, 46 37
during controversy about probate of will not counted
to bar action,

47 37
of filing pleadings enlarged,

79 64
how computed,

348 289
for publication of notices, how computed,

359 293
allowed married women, infants non compos mentis, &c.,
in partition,

343
TITLE,
colorable, possession under,

18 26
colorable, possession under for seven years,

20 26
occupation, when deemed to be under,

25 28
persons claiming, may be made parties,

61 45
of private statute to be given in pleading,

123 109
TOWNSHIP,
trustees of, to re-assess homestead,

0274 239
TRANSCRIPT,
of record for Supreme Court, form of, (rule),

369
TRIAL,
place of,

SEC.

PAGE,

TRIAL,

mode of,
definition of,
of questions of fact,
of issues of fact,
when clerk may postpone,
when judge may postpone,

by jury,

when it may be separate,
by jury, how waived,
by the court,
by referees,
by referees, how conducted,
for felony in progress at close of term,

under act suspending Code,
TRUSTEE

of an express trust, who to be deemed,
of an express trust, may sue in his own name,
claims against, may be joined,
property held by,
of township to re-assess homestead,

costs in action, by or against,
UNDERTAKING,

plaintiff's, for costs, when,
defendant's, for costs and damages,
of bail, requisites of,
of bail, how accepted by plaintiff,
for re-delivery, copy of, to be served on defendant,
for re-delivery of personal property,
for damages, before injunction issues,
to obtain attachment,
to indemnify sheriff,
of defendant, to discharge attachment,
for costs on appeal,
to stay execution pending appeal,
new, on insolvency of sureties,
on appeal, copy to be served on adverse party,
of no effect unless sureties justify,
on appeal, when filed,

when to be filed,
VARIANCE,

when deemed material,
immaterial,

failure of proof not be deemed a,
VERDICT,

general and special, defined,
general, controlled by special finding,
entry of,
after allowing for improvements,
for defendant a lien on land, when,

71 58
a99 92
157 136
162 139
179 146
181 147
192 157
202 168
210 172
213 174
303 258
304 260
304 260
309 263
310 263
312 264
358 292

128 116
129 118
130 119

232 192
234 193
236 193
1263 223
9263 223

VERIFICATION,

of pleadings, when required,
how made, when a corporation is a party,
when it may be by agent or attorney,
of pleadings, form of,
when it may be omitted,
by one not a party must set forth reasons, &c.,
of answer and reply, when party is summoned after

judgment,
of complaint, in mandamus,

116 106
117 107
117 107
117 107
117 107
117 107

324 270

360

WIDOW,

proceedings by, to obtain year's support,
when entitled to year's support,
family of, defined,
administrator to assign to, when,
sum allowed to, to be credited to executor,
unprovided for, allowed to proceed, how,
to what dower entitled,
when barred of dower,
may dissent from will, when,
how to apply for dower,
to have homestead set apart, when,

323
323
324
324
325
329
329
331
332
332
353

WIFE,