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kinds of, 10.

criminal action defined, 10.
and suit,distinction between, abol-
ished, 70.

limitation of, time for commenc-
ing, 72.

cause of, when it accrues, 73.
continuance of, 113 e.

parties to, 70, 88, 88 b, c.

Admiralty causes, superior court claims
jurisdiction of, 34 b.

place of trial of, 117.

severance of, 265, 268 ƒ, 419, 420, | Admission of counsel and attorneys


regulated 693.

of service of summons, 132 a, 141,
142 d.

transfer of. See Transfer.
permission to bring, 71, 133, 154 b,
a, 350 i, 351 a, 325 g, 659 d.
pending, defense of, 217 d.
pending, demurrer for, 206 d.
submitting controversy without,

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Admeasurement of dower, in county
court, 29.
action for, 673 g.

proceeding for before surrogate,
678 f.

See Ejectment for dower.

Administrator, action on bond of, 42.
See Executor.

of genuineness of paper, when may
be required, &c, 601.

by assignor of thing in action, 96 g.
in answer, of part of plaintiff's
claim, 348, 353 i.

in pleading, 237 a, 239, 240 e,
216 d.

by demurring, 205 a.
by not answering or replying,
260 c, 261 c.

Admitting defendant to defend after
judgment, 135, 139 h.
Adultery, issues on question of, how
settled, 707.
proof of, 747 i.

Adverse claims to real estate, an action,
10 a.

proceedings on, 646.

complaint in action to determine,
166 a.
costs on, 499.

party, examination of, as a wit-
ness, 608.

possession, what is, 77, 78.
Advertisement, publication of, how
proved, 646 a, 142 c.

of sale on execution, 450 g, 451 f.
execution creditor not liable for

cost of, 451 g.

foreclosure by not affected, 681.
not an action, 10 b.
See Publication.

Advice of counsel, how sworn to, 374d,


Affidavit, title of, 637.

to be filed, 139 a, 697.

used on a motion to be filed, 560 d
copy to be served with orders en-
larging time, 636.

of merits, 374 d, 703.

See Merits.

of service of summons, 142, 701.
concerning venue, 121 c, 724.
of disbursements, 505 a.


on motion to vacate order of ar-
rest, 301.

for order for publication, 138 b.
for order of arrest, 290.
amendment of, 262 a.
using pleadings as, 325 k.
folios of, to be numbered and
marked, 702.

copy of, to include jurat and sig-
nature, 636 g.

proof of service, where party serv-
ing is dead or insane, 639 d.
made out of the State, 241 a,
335 a.


of publication of summons,
Affinity of judge, 27 c.
Affirmance, judgment of, 581 c, 528 g.
what is not, 541 e.
in part, 528 f.

in part costs on, 492.
in court of appeals, 18.

on equal division of court, 18,
19 b.

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of special damage, 165 b.

of acts valid at common law, 164 e.
of matter in aggravation, 165 a.
of consideration, 198 a, 163 a.
of negligence, 198 b.

of request or demand, 198 c.
of performance, 199 a.

of profert and oyer, 200 f.
of reasonable time, 200 g.
to what time they refer, 246 a.
Allowance, under 308th section, 499.
motion for, 721.

no motion necessary, 499 d.
in what cases granted, 499 e.
in what cases refused, 500 a.
under 309th section, 500, 501 a.
when has "a trial been had," 501 b.
what are difficult and extraordi-
nary cases, 501 c.

amount of, 501 d.

when, where, and to whom the
application for, should be made,
501 g.

costs on motion for, 502 g.
after trial before a referee, 502 h.
review of order for, 502 j.
of bail, 299.

Alternative, judgment in the, when
allowable, 427.

relief, cannot be demanded, 202.
Amended pleading, takes the place of
the pleading amended, 262 f.
Amendment of complaint, time to
answer after, 209.
copy to be served, 209.
Amendments, the provisions of the
revised statutes as to, are not
repealed, 262 b.

in actions against corporations,
262 c.

in actions against partners, 262 d.
of mistake of court or officer, 262 e.
of summons, 125 a. 266, 269 d.
of affidavits, 262 a, 270 a.


of attachments, 270 b.
of undertaking, 270 c.
of referee's report, 414 b.
of variances, 261.
See Variance.

of complaint, answer after, 209.
of course, 265.

of course, in what cases, 265 b.
within what time, 266 b.
extent of, 266 g.

judgment by default not to ex-
ceed, 424.

after decision on demurrer, 268 a.
right to amend of course is not a
stay of proceedings, 267.
unauthorized, 267 b.
striking out, 267 c.

complaint to agree with sum-
mons as to, 156 a.
Animals, injury by, 182 h, 200 d.

relate to commencement of action, Answer, the only pleading by defend-
262 f.
ant is a demurrer or answer, 202.
by order, 268.
statute of limitation must be set
up by, 74.

generally before trial, 268.

at the trial, 270 e

after the trial, 271 b.
conforming pleadings to proof,
270 h.

from tort to contract or the re-
verse, 268 g.

of the demand of relief in the
complaint, 268 g.

of verdict, 271 a, 388 e, 389 a.
of judgment, 271 j.
after judgment, 272 a.
on appeal, 272 b, 526 d.

to admit defense of usury, 269 a.
terms on which amendments are
ordered, 272 d.

by dividing one action into sev-
eral, 265.

by adding counter-claim 269 c.
of attachment, 270 b.

effect of, on order of reference,
407 a.

of judgment of affirmance, 581 h.
of affidavits, 270 a.

Amendments-by order-continued.
takes the place of original, 262 ƒ.
refers to commencement of the
action, 262 ƒ.

Amount admitted to be due by answer,
when order for payment of, will
be made, 348, 353 i.

on application for judgment on
the ground of the frivolousness
of the answer,
365 a.
of motion papers, 633 b.
on a motion, of a proceeding ob-
jected to, 633 b.

after notice of appeal of any omis-
sion in perfecting appeal or
staying proceedings, 525.
in justice's court, 61 g, 58.
appeal from order granting or de-
nying, 272 f.

in action for partition, 663 b.
referee may allow, 412 b.
appeal from order granting or de-
nying, 272 f.

order for payment of, is appeal-
able to the general term, 353j,
Amount claimed, may be increased by
amendment, 268 g.

time to answer, 202, 202 a, 292.
cannot be treated as a nullity, 204 c.
by married women, 204 d.
extending time to answer,
202 a.
defects in complaint, when waived
by obtaining extension of time
to answer, 203 a.

service of, after time to answer has
expired, 203 f.
and demurrer, 204 b.
separate answers, 204 a.
after complaint amended, 209.
withdrawing answer and inter-

posing demurrer, 269 c.
where to be served, 203 e.
what to contain, 211.
need not be entitled, 211 b.
need not be a defense to all com-
plaint, 211 b.

of several defendants, 212 a.
general denial, 212 b.
denial of any knowledge or in-
formation, &c., when allowed,
212 e.

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of action pending, 217 d.
of discharge under insolvent or
bankrupt act, 218 e.

of leave and license, 219 a.
of matter occurring pending the
action, 219 b.

of nonjoinder of party defendant,
219 c.

of judgment recovered, 218 g.
that plaintiff not the real party in
interest, 219 d.

in action for a divorce, 748.
foreclosure, 730.

an escape, 219 e.
an assault, 218 c.
on a judgment, 220 b.
goods sold, 218 f.

for libel or slander, 253.
to recover property distrained,
doing damage, 255.

on judgment, 220 b.

on covenant, 222 f.
on undertaking, 222 d.

for specific performance, 223 b.
eviction, 219 f.

equitable defense, 219 g.
of fraud, 220 c.

of payment, 220 d.

of performance, 221 a.

of a statutable defense, 221 b.
of statute of limitations, 221 c, 74.
of tender, 221 d.

of usury, 221 g.

by carrier, 222 e.

in action for rent, 223 a.

that instrument unstamped, 223 c.
demand of subrogation in, 223 d.
and demurrer, 231.
constituting a counter-claim, 225 d.
of several defenses, 223.
in abatement and in bar, 230 b.
sham and irrelevant may be strick-
en out, 231.

sham defined, 231 c.

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objections to complaint not appear-
ing on the face thereof, are to
be taken by answer, 209.
objection not taken by answer or
demurrer, when waived, 210.
time to answer if complaint be
amended, 209.

order for extending time to an-
swer, how obtained, 703.
time to answer where summons
served without any copy of the
complaint, 128, 128 f.

time to answer after order of ar-
rest, 292.

cannot be put in before service of
complaint, 202 a.

time to answer after service by
publication, 141, 141, b, c.
after order for discovery of
books, &c, 701.

not extended by order for bill
of particulars, 242 d.
copy of, need not be served on a
codefendant, 204 a.

of one defendant not evidence
against his codefendant, 204 a.
admitting part of claim, 348, 353 i.
on demurrer to, sufficiency of com-
plaint may be considered, 236 e.
amended, what is not, 267 c.

once, of course, 265.

of course, in what cases, 265 b.
of several defenses, to be separately
stated, 223, 230 a.

to be numbered, 701.
of counter-claim, 223.

to part, and demurrer to residue
of complaint, 231, 204 b.
sham and irrelevant, may be
stricken out, 231.

appeal from order striking out,

when it may be replied or demur-
red to, 235.

motion for judgment on, 237.
to supplemental complaint, 276 e.
supplemental, when proper, 276 c.
of married woman, 204 d.
of infant, 101.

frivolous, motion for judgment
on discovery of documents to
enable defendant to prepare,
603 d.

after discontinuance of action in
justice's court by reason of title
coming in question, 55 a.
in justices' courts, 57.

of title in justice's court, 51.

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