42

51

SEC. 54. No jurisdiction in certain cases..

55. Answer of title....

56. Undertaking.

57. Suit discontinued..

58. If undertaking not given..

59. The same.

60. New action.

61. Costs...

62. Answer of title as to one cause of action.

63. Docketing of judgments..

64. Rules.

53

54

54

54

55

56

56

56

67

67

68

68

TITLE VII.

OF JUSTICES' AND OTHER INFERIOR COURTS IN CITIES.

CHAP. I. MARINE COURT IN NEW YORK CITY.

II. JUSTICES COURTS IN NEW YORK CITY

III. JUSTICES COURTS IN CITIES.

IV. GENERAL PROVISIONS.

CHAPTER I.—The marine court of New York city.

Sec. 65. Abro gated by subsequent laws...

CHAPTER II.- Justices' courts in Nero York city.

Sec. 66. Landlord proceedings. Stenographer. Trial fee.

CHAPTER III. - The justices' courts of cities.

SEC. 67. Jurisdiction......

CHAPTER IV.-General provisions.

Sec. 68. Sections 55 and 64 applied...

67

67

68

68

PART II.

OF CIVIL ACTIONS.

TITLE I. THEIR FORM....

II. TIME OF COMMENCING THEM.

III. PARTIES.

IV. PLACE OF TRIAL.

V. MANNER OF COMMENCING THEM.

VI. PLEADINGS.

VII. PROVISIONAL REMEDIES.

VIII. TRIAL AND JUDGMENT....

IX. EXECUTION OF THE JUDGMENT

X. Costs..

XI. APPEALS.

XII. MISCELLANEOUS PROCEEDINGS.

XIII. ACTIONS IN PARTICULAR CASES..

XIV. PROVISIONS RELATING TO EXISTING SUITS.

XV. GENERAL PROVISIONS.

TITLE I.

OF THE FORM OF CIVIL ACTIONS.

SEC. 69. Distinction between actions and suits abolished....

70. Parties, how designated.....

71. Actions on judgments...

72. Feigned issues abolished

70

70

71

72

TITLE II.

OF THE TIME OF COMMENCING CIVIL ACTIONS.

CHAP. I. ACTIONS GENERALLY....

II. FOR THE RECOVERY OF REAL PROPERTY.

III. OTHER THAN FOR THE RECOVERY OF REAL PROPERTY

IV. GENERAL PROVISIONS..

72–75

75-79

79-83

83-87

77

78

CHAPTER I.—The time of commencing actions generally.

Sec. 73. Repeal of existing limitations...

72

74. Time for commencing actions, &c.

74

CHAPTER II. — The time of commencing action for the recovery of real property.

Sec. 75. When the people will not sue.

75

76. When action cannot be brought by grantee from the State.... 75

77. When actions by the people or their grantees, to be brought

within twenty years

76

78. Seisin within twenty years, when necessary.

76

79. Seisin within twenty years, when necessary in action or de-

fense, founded on title, &c....

76

80. Action after entry, or right of entry.

76

81. Possession, when presumed. Occupation, when deemed

under legal title

76

82. Occupation under written instrument, &c

83. Adverse possession under written instrument, &c

84. Premises actually occupied, held adversely..

78

85. Adverse possession under claim of title not written

86. Relation of landlord and tenant as affecting adverse possession 78

87. Descent cast, effect of ...

79

88. Persons under disability.

79

CHAPTER III.— The time of commencing actions other than for the

recovery of real property.

Sec. 89. Limitations prescribed...

79

90. Twenty years.

80

91. Six years..

80

92. Three years.

81

93. Two years

82

94. One year..

82

95. Action upon a current account

82

96. Actions for penalties.

82

97. Action for other relief .

83

98. Action by the people

83

CHAPTER IV.-General provisions as to the time of commencing actions.

Sec. 99. When action deemed commenced.

83

100. Exception, defendant out of State.

84

84

101. Exception, as to person under disabilities

85

Sec. 102. Death of person entitled before limitation expires....

103. Suits by aliens ...

104. Where judgment reversed

105. Stay of action by injunction, &c

106. Disability must exist where right accrued

107. Two or more disabilities ...

108. This title, when not to apply

109. The like

110. New promise must be in writing

85

85

86

86

86

86

86

87

TITLE III.

OF THE PARTIES TO CIVIL ACTIONS.

Sec. 111. Party in interest to sue. Grantee of land, &c.....

112. Assignment of thing in action

113. Actions by executor, trustee, &c.

114. Actions by and against married women

115. Infants

, actions by and against .

116. Guardians, how appointed

117. Who may be plaintiffs.

118. Who

may

be defendants.

119. One or more may sue or defend for all..

120. One action agaivst the different parties to bills and notes

121. Action, when not to abate. Death of appellant.

122. Court to decide controversy, &c. Interpleading

88

95

97

100

101

101

103

104

107

108

109

114

TITLE IV.

OP THE PLACE OF TRIAL OF CIVIL ACTIONS.

SEC. 123. Actions to be tried where subject matter situated.....

124. Actions to be tried where cause of action arose.

125. Actions to be tried where the parties reside..

126. Changing place of trial.....

117

117

118

119

TITLE V.

OF THE MANNER OF COMMENCING CIVIL ACTIONS.

SEC. 127. Actions, how commenced....

128. Summons, requisites of..

129. Notice to be inserted in summons

130. Complaint need not be served with summons.

131. Defendant unreasonably defending...::

132. Notice of lis pendens. Action deemed pending.

133. Summons, by whom served..

134. Service of summons.

135. Publication of summons.

Form...

136. Proceedings, part only of defendants served. Partners...

137. When service by publication complete...

138. Proof of service..

139. When jurisdiction acquired. Appearan

124

124

126

127

129

129

131

131

134

139

141

141

143

ance,

TITLE VI.
OF THE PLEADINGS IN CIVIL ACTIONS.

CHAP. I. THE COMPLAINT.

II. THE DEMURRER.

III. THE ANSWER

IV. THE REPLY....

V. GENERAL RULES FOR PLEADING

VI. MISTAKES AND AMENDMENTS.

144-202

202-211

211-234
..235-237

238-261
.261-276

144

148

148

202

204

208

209

209

210

211

223

231

231

CHAPTER I.— The complaint.

Sec. 140. Forms of pleading

141. Complaint...

142. Complaint, what to contain.

CHAPTER II.-The demurrer and answer.

Sec. 143. Defendant to demur or answer.

144. When the defendant

may

demur..

145. Demurrer, what to specify.

146. How to proceed if complaint be amended..

147. Objection not appearing on complaint.

148. Objection, when waived...

CHAPTER III.- The answer.

Sec. 149. Answer, what to contain ...

150. Counter-claim, several defenses.

151. Demurrer and answer, when allowed..

152. Sham and irrelevant defenses to be stricken out.

CHAPTER IV.— The reply.

SEC. 153. Reply, demurrer to answer....

154. Motion for judgment upon answer.

155. Demurrer to reply...

CHAPTER V.--General rules for pleading.

SEC. 156. Pleadings to be subscribed and verified...

157. Pleadings, how verified...

158. How to state an account in pleading ; particulars...

159. Pleadings to be liberally construed ...

160. Irrelevant or redundant matter to be stricken out, and in-

definite matter made more definite...

161. Judgments, how to be pleaded...

162. Conditions precedent, how to be pleaded..

163. Private statutes, how to be pleaded...

164. Libel and slander, how stated in complaint.

165. Answer in such cases.....

166. Answer in actions to recover property distrained for

damage...

167. What causes of action may be joined..

168. Allegation not denied, when to be deemed true.

CHAPTER VI.- Mistakes in pleading and amendments.

Sec. 169. Material variances, how provided for...

170. Immaterial variances, how provided for.

171. What not to be deemed a variance..

172. Amendments of course and after demurrer..

235

237

237

238

239

242

243

246

251

251

253

253

253

255

255

259

261

264

264

265

Sec. 173. Amendments by order...

174. Court may give relief in case of mistake..

175. Suing a party by a fictitious name.

176. No error or defect to be regarded unless it affect sub-

stantial rights....

177. Supplemental complaint, answer, and reply.

268

273

274

274

275

III. INJUNCTION..

IV. ATTACHMENT

TITLE VII.

OF THE PROVISIONAL REMEDIES IN CIVIL ACTIONS.

CHAP. I. ARREST AND BAIL.......

.277-305

II. CLAIM AND DELIVERY OF PERSONAL PROPERTY.

.305-312

.312-329

..329-347

V. PROVISIONAL REMEDIES..

...347-353

CHAPTER 1.- Arrest and bail.

Sec. 178. No person to be arrested in a civil action, except as pre-

scribed ..

278

179. Arrest in civil actions, in what cases.

281

180. Order for arrest, by whom to be made

289

181. Affidavit to obtain order for arrest. To what actions this

chapter applies ....

289

182. Security by plaintiff before obtaining order for arrest.. 291

183. Order for arrest, when it may be made, and its form ; time

to answer or to move to vacate

292

184. Original affidavit and order to be delivered to sheriff, and

292

copy to be delivered to defendant....

185. Arrest, how made.....

293

186. Defendant to be discharged on giving bail or making a

293

deposit...

187. Bail, how given..

293

188. Surrender of defendant.

294

189. The like

294

190. Bail, how proceeded against

295

191. Bail, how exonerated...

295

192. Delivery of undertaking of bail to plaintiff, and its ac-

297

ceptance or rejection by him.....

193. Notice of justification. New bail

297

194. Qualification of bail...

298

195. Justification of bail.

298

196, Allowance of bail...

299

197. Deposit in lieu of bail..

299

198. Payment of deposit into court.

299

199. Substituting bail for deposit...

299

200. Deposit, how disposed of after judgment in the action... 300

201. Sheriff, when liable as bail ...

300

202. Proceedings

301

203. Bail liable to sheriff...

on judgment against sheriff..

301

204. Vacating order of arrest or reducing bail.

301

205. Affidavits on motion to vacate order of arrest or reduce

bail......

301

CHAPTER II.- Claim and delivery of personal property.

Sec. 206. Claim and delivery of personal property..

305

207. Affidavit of its requisites....

307