Partner-continued.

complaint by and against, 191 d.
amending pleadings in actions
against, 262 d.

not liable to arrest for fraud of

copartner, 283 b.
confession
592 d.
offer of compromise by, 599 d.
voluntary appearance by, 141 a.
death of one of several, 111 d.
effect of omitting name of one,
140.

of judgment by,

action against partners, 140,
140 c, d.
Partnership, discontinuance of, ac-
tion for settlement of affairs of,
520 f.

property, attachment against,333 a
receiver to protect, 352 b.
reference in suits as to, 403 d.
actions by, silent partner to join,
106 e.

amending pleadings in actions
against, 262 d.
complaint, 192 a.

parties to actions by and against,
106 e.

complaint on note signed in name
of, 169 b.

confession of judgment for, 592 d.
offer of compromise by, 599 d.
See Joint-stock company, Limited
partnership.

Party, who is a party, 88 b, c.

to action of ejectment, 88, 667 d,
669 b.

attendance of, in supplementary
proceedings, 470.
may be a witness, 608.
attending as a witness entitled to
fees, 506 g, 608 e.
attendance as a witness, how com-
pelled, 610.

aggrieved, who is, 525 a.
appealing, who is, 530 c.

in interest, action to be in name of,
88.

who is party in interest, 89.
denial that plaintiff is, how made,
91 e, 219 d.
liable for costs, 516.

or attorney, these words do not in-
clude the clerk, 640 j.
See Parties to action.
Patent, for land, how proved, 647 d.
no jurisdiction as to, 14 a.
action to vacate, 653.
Pauper, See Poor persons.

Payment, presumption of, 80 d, 87 b.
answer of, 220 d.

allegation of in pleading, 220 d.
of part, effect of, on time of limit-
ation, 87.

into court, of deposit, in lieu of
bail, 299.

into court, 598 b.

into court, money at the risk of
the depositor, 300 b

of amount admitted due, 348,
353 i.

after action commenced, 517 g.
by one joint debtor not a revival
of the debt against the other,
87 b.

of judgment, does not prevent an
appeal to court of appeals,
528 f.

may be made to justice, 67 c.
pending an appeal, 582 f.
Payments, particulars of, will not be
ordered, 243 a.

Penal action, parties to, 99 b.
summons in, 125 g.

time of limitation in, 81, 82.
See Penalty.

Penal bond, judgment on, 428 g.
Penalty, justices of the peace have ju-
risdiction of action for certain,

38.

actions for, not affected by code,
680.

action for, within what time to be
commenced, 81, 82.

where to be tried, 117.
parties to action for, 99 b.
complaint in action for, 192 d.
arrest in action for, 281.
Pending action. See Action pending.
Pension, not assignable, 93 b.
People, The, actions against, 14 a.

when they will not sue for real
property, 75.

they or their grantees, when to sue,
75, 76.

time of limitation applies to ac-
tions by, 83.

when they cannot sue or be sued
in justices' courts, 38.
parties to actions on bonds taken
in the name of, 97 a.
injunction at instance of, to sus-
pend business of corporations,
775, 326.

service of summons on, 134 ƒ.
counter-claim against, 225 a.
costs in actions by, or in name of,
515, 516.

People-continued.

place of trial of actions by, 118 a.
residence of, extends to every
county of the State, 118 c.
actions in name of, 652.
action by, to annul a corporation,
651.

action to vacate a charter, 651.
actions for forfeiture of property
to, 657.

may appeal without giving secu-
rity, 523 c.

may move cause out of its order on
court of appeals' calendar, 687,
373 a.
Percentage, in addition to costs, 499,
500.

in court of appeals, 495.

See Allowance.

Perfected, when appeal is, 545 a.
Performance of conditions precedent,
how pleaded, 251, 252 a, 199 a,
221 a.

how alleged, 199 a.
excuse for, 199.
answer of, 221 a.

specific, county court may order, 30.
complaint for, 195 a.

answer in action for, 223 b.
may be enforced by execution, 437.
Perishable property, proceedings on
attachment of, 339.

may be sold, notwithstanding an
appeal, 547.

Permission to sue, when to be alleged,
154 b.

when necessary, 71, 133 a, 154 b,
350 i, 351 a, 325 g, 659 d.
Perpetuating testimony, proceedings
for, 608 d.

Person, name of, in pleading, 248 g.
injuries to, cause of action for,

may be joined with cause of
action for injury to property,
256 e.

crim. con. and seduction are, 285 d.
adultery is not, 285 d.
cruelty is, 285 d.

time for commencing actions for,

80.

of unsound mind, sale, mortgage,
or other disposition of real
estate of, 29.

care and custody of the person
and estate of, 29.
service of summons on, 133 a, 131.
when cannot be sued except by
leave of the court, 133 a.
confession of judgment by, 592 e.

Person-continued.

provisions of revised statutes as
to custody of person and estate
of, not affected by the code, 680.
execution against, 439.
Personal claim, notice that none is
made, when it may be served,
129.

what to contain, 129.

effect of defending after, 129 a.
fee for service of, 129 b.
certificate of service of, 129 b.
service of copy of complaint
after, 129.

Personal Property defined, 677.
action for fraud in sale of, 39.
action for injury to, 50.
action to recover, 51.
time for commencing action for
taking, detaining, or injuring,
or for recovery of possession
of, 80.

summons in action for converting,
127 c.

place of trial of actions relating
to, 117.
complaint for, 193 d.
no partition of, 658 b.
arrest in action to recover, 281,
285 e.

judgment in action to recover, 427.
costs in actions to recover the pos-
session of, 487, 489 f, et seq.
damages in action to recover,
427 c.
distrained, action for recovery
of, where to be tried, 117.
doing damage, answer, 255.
judgment, on failure to answer in
action to recover, or its value,
359 a.

verdict in action to recover, 385 a.
levy and sale of, on execution,

450 g.

appeal from judgment for deliv-
ery of, 543, 547 h.

See Claim and delivery of per-
sonal property.
Personal representatives, who are,
181 c.

Personal tax, commitment for non-
payment of, 35 c.
Personal service, 131, 133 c, d.

appearance equivalent to, 143.
Petition, motion for discovery of
books, &c., to be on, 604 ƒ.
for discovery, what to contain,
700.

orders granted on, to refer to, 722.

Petition-continued.
order or judgment on, may be
enrolled or docketed, 722.
on appeal from surrogate, 717 7.
for appointment of guardian, 726.
for admeasurement of dower, 680,
673 f.

how addressed, 604 f.
Physicians, jurisdiction of county
court as to, 30.

not to testify to certain matters,
613 h.
Pilots, of port of New York, action
by, 99 b.

Place, how alleged in pleadings, 248 c.
of residence, 641 ā.
See Residence.

of sale of lands, 736.
Place of trial of actions, to recover
real property, 117.

any estate or interest in real
property, 117.

to determine right or interest to
real property, 117.

for injuries to real property, 117.
for partition of real property, 117.
to foreclose a mortgage of real
property, 117.

to recover personal property dis-
trained for any cause, 117.
to recover a penalty or forfeiture
imposed by statute, 117.
against a public officer or his
deputy, 118.

in other actions where parties re-
side, 118.

in actions by the people, 118 a.
may be changed, 119.

in what cases it may be changed,

119.

Plaintiff continued.

der their verdict, 706.
judgment against one of several,
419.

in person must indorse name and
residence on papers and pro-
cess, 698.

when to furnish the court with
copy pleadings, &c., 384, 758.
may stipulate to proceed to trial,
704.

when he must give security for
costs, 483 d, 484 e.

costs of course to, 487.
when address of, to be furnished,
89 c.

when to give security before tak-
ing judgment, 356.

cannot serve summons, 131 b.
death of, pending the action. See
Death.

liable for wrongful levy, 450 f.
See Parties to Action, Separation.
Plank roads, proceedings to lay out,
is a special proceeding, 10 c.
Pleadings, in courts of record, forms
of, abolished, 144.

sufficiency of, to be determined
by the rules prescribed by the
code, 144.

by corporations regulated, 144*,
144 a.

rules as to, 144 a.

lost or withheld, place of, how
supplied, 645.

the complaint, 148.
See Complaint.
the demurrer, 204.
See Demurrer.
the answer, 211.
See Answer.
the reply, 235.

See Reply.

general rules of, 238.

mistakes and amendments, 261.

See Amendments.

to be subscribed, 238.

subscription of, 238 a.

to be legibly written, 702, 242 c.
to be verified, except demurrers,
238, 238 b.

how verified, 239.

when verification may be omitted,
239, 240 a.

when agent or attorney may make
the verification, 240 c.
verification by party in interest,
240 d.

verification as evidence, 240 e.

Pleadings in courts of record-cont.
verification by husband and wife,
242 b.

form of verification, 240 f, 241 a, b, c.
verification, before whom, 240 f.
omitting verification, 238 b, 240 a.
detective verification, 238 b.
verification by all parties, 242 a.
to be in English, 242 c.
writing, numbering, and indors-
ing, 242 c.

how an account is to be stated in,
242.

copy account to be furnished, 242.
further account may be ordered,
242.

bill of particulars, court may or-
der to be furnished, 242.
to be liberally construed, 243.
irrelevant or redundant matter to
be struck out of, 246.
indefinite or uncertain, pleading
may be ordered to be made
more definite and certain, 246.
judgments and determinations,
how pleaded, 251.

denial that judgment or deter-
mination was duly given, effect
of, 251.

allegations of time, place, quan-
tity, and value, 248.

to state names of persons, 248 g.
conditions precedent, how plead-
ed, 251.

in action or defense founded on
instrument for the payment of
money, 251.

private statutes or rights derived
therefrom, how pleaded, 253.
judgments, 251.

libel and slander, how stated in
complaint, 253.

answer in actions for libel and
slander, 253.

in actions to recover property dis-
trained doing damage, 255.
what causes of action may be
joined, 255.

allegations not denied, when
deemed true, 259.
allegations of, to what time they
relate, 246 a.

new matter in answer (not a coun-
ter-claim) is to be deemed con-
troverted as upon a direct de-
nial or avoidance, 259.

the like of new matter in a reply,
260.
cannot be used as evidence in

Pleadings in courts of record-cont.

criminal proceedings, 239.
to be legibly written, 242 c.
folios to be marked, 242 c.
each cause of action or defense to
be separately numbered, 701.
discovery to enable party to pre-
pare, 603 d.

party may be sued by a fictitious
name, 274.

errors and defects not affecting
substantial rights, to be disre-
garded, 274.

supplemental pleading, when al-
lowed, 275.

when amended, to be answered
anew, 209, 265.

court to be furnished with copy
of, 384, 758.
to be filed, 642.

objecting to on trial, 377 g.
copies of, not to be given out in
divorce cases, 750.
using as affidavit, 325 k.
admissions in, 287 a.
reading in evidence, 261 b.
motion for judgment on, 237.
defective, should be returned, and
not treated as nullities, 204 c,
238 b, 702.

appeal to court of appeals from
order striking out, 17.

defects in cured by verdict, 201 a.
in justices' courts, 57, 59, 60, 61, 62.
in actions against foreign corpo-
rations, 649 f.

See Amended pleading, Answer of
title, Answer, Complaint, De-
murrer, Reply, Supplemental

pleading.

Points, defined, 686 e.

to be printed, 715, 685, 720.
to be furnished, 715.

facts deemed established to be
stated on, 687.

Possession of lands, when presumed, 76. |
summary proceedings to recover
not affected by the code, 680.
summary proceedings to recov-
er, appeal from justice's de-
cision to county court, 31 a.
See Ejectment.

of personal property, action to re-
cover in justice's court, 39.
action for, arrest in, 287 h.
adverse, 77, 78.

See Claim and delivery.
Possibility, assignment of, 91 h.
Postage, to be paid on papers served
by mail, 640 h.

Postponement, costs on 508.
at circuit, 378 c.
See Adjournment.

Poundage, sheriff, when entitled to,
and amount, 447 h.

Practice, all inconsistent with the
code repealed, 678.

in cases not provided for, 678.
appeal on question of, 17.

Prayer for relief, 201 d.

See Relief.

Preference, motions to vacate or mod-
ify a provisional remedy to
have, 628.

appeals from orders allowing pro-
visional remedies to have, 628.
of appeals, 18.

of actions by attorney-general,
460 c.

of actions against corporations,
460 c, 687, 373 a.

in certiorari proceedings, 720.
in court of appeals, 689, 687.
in criminal cases, 687.

where executors, &c., conce rned,
687.

where the people are parties, 687.
Preliminary injunction. See Injunc-

tion.

Preliminary objection on motion,

632 g.
Premium note, complaint in action
upon, 171 f.

counter-claim against, 229 d.
President of corporation, not bound to
produce books, &c., of corpo-
ration, 609 b.
Presiding judge, 27 a.
Presumption of payment, 74 ƒ, 80 b.
of possession, 76.

of relation of landlord and ten-
ant, 78.
Priest not allowed to testify to cer-
tain matters, 613 g.

Principal, and surety, joined as defend-
ants, 107 e.

and agent, counter-claim between,
224 sa.

See Surety.

Printing papers, for the court, 715,
685.

Priority of execution, 447 a.
of jurisdiction, 13 a.

of attachment over execution, 46 d.
Prisoner. See Imprisoned convict, Im-
prisoned debtor.

Private roads, 31 c.

Private statutes, how pleaded, 253.
Privilege from arrest, 278 a, 295 c.
Proceeding. See Special proceeding.
Process, service of on mayor of New
York, 15.

out of justices' courts, provisions
of code as to service on cor-
porations applied to, 59.
execution to be deemed, 438.
attachment under the code, is it?
331 d.

indorsement on certain, 446 e, 698.
duty of sheriff and coroner as to,
643.

return of, how compelled, 697.
See Summons.

Production and discovery of books, pa-
pers, &c., 601.

referee cannot order, 412 d.

will be ordered on referee's cer-
tificate, 604 f.

of documents or chattels on the
trial, 381 d, e.

of books, &c., on subpoena, 608 f.
See Admission, Inspection and
Discovery.

Profert and oyer, in pleading, 200 f.
Prohibition not affected by the second
part of the code, 679.

on filing return to, rule to plead
may be entered, 721.
review of judgment in, 523 a.
Promise to pay debt of another, how
to be alleged, 164 e.
Promissory notes. See Bills and notes.
complaint on, 169 a.

answer in action on, 217 c.
Proof of service of summons, 141, 701.
of commencement of action, 83 b.
of motion, when counsel to in-
dorse his name on, 722.

of laws of other States, &c., 646.
of public records of other States,
647 b.

of plaintiff's demand, 358 c.
of no answer received, 356 c.