ACTION- Continned.

for official misuse of public funds. See PUBLIC FUNDS.
to establish or impeach a will. See WILL.

Vol. Sec.

against next of kin, heirs, etc., of deceased debtor. See DECE-
DENT'S ESTATE.

affecting real property. See CLAIM TO REAL PROPERTY, ACTION
TO DETERMINE; DOWER; FORECLOSURE, ETC., ACTION FOR; NUI-
SANCE PARTITION, ETC.; REAL PROPERTY ACTIONS; REAL
PROPERTY, ACTION TO RECOVER; WASTE.

for a chattel. See CHATTEL, ACTION FOR A, ETC.

to foreclose a lien upon a chattel. See FORECLOSURE OF CHATTEL
LIEN.

on the bond of sheriff or other officer. See OFFICIAL BOND.
in a justice's court. See JUSTICE OF THE PEACE AND HIS COURT.
in particular local courts. See titles of those courts respectively.

ACTION FOR A CHATTEL IN COURT OF RECORD:

certain writs abolished......

when may be maintained.....
when cannot be maintained.

...II, 1688

.II, 1689

etc.

id., where several chattels are to be replevied.

requisites of plaintiff's undertaking for replevin.....
duty of sheriff in replevying chattel....
how chattel to be taken from building, in....

second, cannot be maintained after judgment against plaintiff,

when may be maintained by assignee

jurisdiction, etc., when replevin precedes summons.
when plaintiff in, may require sheriff to replevy.
requisites of affidavit for replevin, in.....

provision where part only of chattels is replevied.

.II, 1690

...II, 1701

penalty for wrong delivery by sheriff, in.....

replevied chattel, how kept; sheriff's fees, how taxed, etc......II, 1702
when defendant may except to sureties; proceedings thereon.II, 1703
when defendant may reclaim chattel; proceedings thereupon.11, 1704
sureties in undertaking, when and how to justify.
when and to whom sheriff must deliver chattel, in.

undertaking in, to whom to be delivered....

..II, 1707

claim of title by third person; proceedings thereupon...

when agent, attorney, etc., may make affidavit in...

II, 1711

replevin papers to form part of judgment-roll in.
action not affected by failure to replevy.

second and subsequent replevin; proceedings thereupon.
replevin in, when order of arrest granted........
return by sheriff after replevin, in...

....11, 1712

....II, 1713

...II, 1714

......IL, 1715, 1716

..II, 1717

when and how plaintiff may abandon his claim in part..

title how stated in pleading, in......

wrongful taking or detention, how stated in complaint..

answer that chattel was distrained doing damage.
defendant in, may demand judgment for return.
verdict, etc., in, what to state...

substitute in certain cases for finding of value in....

verdict, etc., for part of several chattels; judgment..
damages, how ascertained on default, in.
final judgment in; docketing, etc......

execution in; contents thereof, etc....

sheriff's power to take chattel on such execution.....
action on undertaking in, when maintainable...

sheriff's return is presumptive evidence in such action..........II, 1734

injnry, etc., no defence to such action, except, etc..
abatement and revival of..........

ACTION FOR A CHATTEL, ETC. - Continued.

Vol. Sec.

.......II, 3228

action for chattel forfeited by statute..
when plaintiff entitled to costs, of course, in......
when defendant entitled to costs, of course, in such action...II, 3229
when increased cost allowed to defendant.....
..................................II, 3258, 3259
costs allowed on settlement of such action.....
.........................II, 3260
application of provisions concerning, after July 1, 1879............II, 3347

ACTION FOR A CHATTEL IN COURTS OTHER THAN THOSE OF RECORD. See
JUSTICE'S COURT; N. Y. DISTRICT COURTS; TROY JUSTICES' COURTS;
RECORDERS' COURTS, ETC.

ACTION, CRIMINAL:

trial of, once commenced, may be continued beyond term.........I, 45
pleading in civil action cannot be used as evidence in...............I, 523
preferred to civil action, on calendar....

......I, 790
pending without the State, depositions in, how taken.........I, 914-920
defined.....

review of proceedings in, not affected by this act.

ADJOURNMENT:

of court of record, proceedings on...

in case of war, etc.....

.......II, 3336

......II, 3347

when judge fails to appear...

.......I, 35,
.......I,

not to produce abatement....

of term of court of appeals.,

of trial on submission of controversy to arbitration..

of proceedings on application of judgment debtor for discharge
from imprisonment on execution...

..1, 197

.....II, 2209

....II, 2960

...II, 2965
id.; justice may impose conditions upon adjournment..........II, 2966
id.; adjournment when attachment against absent witness is
issued.......

id.; adjournment not to exceed ninety days....................
id.; when commission is issued.......

.....II, 2967

.II, 2968

See, also, titles to the various courts.

of trial of certain marine causes, in N. Y. marine court..........II, 3186

...II, 2983

in action before Justice of the peace; when justice may adjourn.II, 2959
id.; adjournment on application of plaintiff.......
id.; adjournment on application of defendant.....II, 2961-2964
id.; subsequent adjournments.....

...II, 2368

ADMEASUREMENT OF DOWER. See DOWER.

ADMINISTRATOR. See EXECUTOR AND ADMINISTRATOR; SURROGATE
AND HIS COURT.

ADMINISTRATOR, TEMPORARY. See SURROGATE AND HIS COURT.

ADMISSION:

to practice, of attorneys and counsellors...

of service of summons, etc......

of genuineness of paper, may be required...

AD QUOD DAMNUM:

writ of, changed to writ of assessment of damages........................................II, 2103
See ASSESSMENT OF DAMAGES.

ADULTERY. See MATRIMONIAL ACTIONS.

ADVERSE POSSESSION. See LIMITATION OF ACTION.

AFFIDAVIT:

answer has effect of, on motion to vacate, etc., injunction......I, 630
want of, or defect in, title of, does not impair............................I, 728

AFFIDAVIT - Continued.

of party or sureties to undertaking.

when used in justice's court to be filed............
before whom may be taken......

Vol. Sec.

.....I, 812

.............................II, 3143

I, 842-844
.......I, 923
........I. 980

to prevent notary's certificate from being evidence
of merits, when not necessary to prevent inquest.
when presumptive evidence, etc. See DocUMENTARY EVIDENCE.
ex parte, when evidence on trial in justice's court..
...II, 3004
when, may be received on appeal from justice's judgment......11, 3036

See, also, JUSTICE OF THE PEACE AND HIS Court.
definition of.........

AFFIRMATION. See OATHS AND AFFIRMATIONS.

AFFIRMATIVE JUDGMENT:

demand of, in answer, when required........

AGENT:

3057

limitation of certain actions by principal, against .....................I, 407

ALBANY :

county, jail liberties for...

wards of, considered towns as regards jury lists..........

.........I,

2

ALBANY, JUSTICE'S COURT OF:

is a court of record...

summary proceedings to recover land before justice of............II, 2234
service of copy of complaint with summons; proceedings there-

upon......

proof of....

action to be commenced by summons..

provisional remedies, etc., in

proceedings when title to real property is in question...

...II, 3207
...II, 3208
.II, 3209

....II, 3210, 3211

..II, 3212
......II, 3213
.II, 3214

.......II, 3223, 3224

.......II, 3225
...II, 3268-3270

..I, 404

............I, 1190

additional to costs to plaintiff in foreclosure, etc.............IL 3262, 3253

to either party in difficult, etc., cases

limitation of, under last two provisions..
how computed on taxation of costs.

See SURROGATE, AND HIS COURT.

of bail. See BAIL.

.II, 3254

..II, 3262

by surrogate, on settlement of account of executor, trustee, etc.

MENDMENT:

of proceedings, etc., by inserting defendant's true name...........I, 451
by bringing in parties...

........I, 452

etc., where errors are immaterial...............................................................................I, 722-724

..........I, 725

of return of officer or subordinate court
of process, pleading, etc., when not allowed without order......, 727

Compulsory, 1, 885.

AMENDMENT - Continued.

of bond or undertaking....

of pleading. See PLEADING.

in special proceedings instituted by State writ.
on appeal from surrogate's court

from judgment of justice..

Vol. Sec.

.II, 1997

...........................................I, 1303, 1, 2575
..............II, 3049

in Justice's court. See JUSTICE OF THE PEACE, ETC.

ANCILLARY LETTERS. See SURROGATE AND HIS COURT, II, 2695, et seq.
ANIMAL:

found straying, etc., action or special proceeding relating to. See
JUSTICE OF THE PEACE, AND STRAYS.

ANNULMENT:

of warrant of attachment defined.............................

ANSWER:

defence of limitation must be taken by...
service of copy of, is an appearance.

must be subscribed by attorney...........................

when to be served.....

............I1, 3343

or demurrer, is the only pleading on part of defendant.
and demurrer, to different causes of action.....
demurrer to, when allowed.....

objections to complaint may be taken by, when....

not taken by, or by demurrer, when deemed waived..

what to contain....

containing counterclaim. See COUNTERCLAIM,
several defences or counterclaims....
partial defence...

demand of affirmative judgment..

alternative judgment in....

alternative judgment and demurrer to...

reply to, when court may require..

when copy to be served on co-defendant.
new matter in, when deemed true..
verification of (see VERIFICATION.)...

frivolous, application for judgment on.........

.....I, 494, 495

498

sham, stricken out, on motion..

to amended pleading, effect of failure to make..

ARREST.

copy of, may be served within twenty days after arrest. See

..I, 543

verified, effect of, on motion for injunction, etc.....

when issue of fact raised by.

may be stricken out, for disobedience to order for discovery,
etc.....

.I, 630

..I, 808

In particular actions:

........I, 964

ant..

in partition, may controvert title of plaintiff or co-defend-

in action to determine claim to real property.......................II, 1640, 1641
to compel determination of claim for dower....
for chattel, title how stated in....

.II,

1543

...II, 1648

..II, 1720

putting plaintiff's title in issue.

for divorce...

separation.

tion.....

misnomer.

that chattel was distrained doing damage..

by or against corporation, to require proof of incorpora-

on note, etc., extension of time.

HI, 1776
....11, 1777
.II, 1778

by or against executor, etc.; regulations affecting., 1817, 1824
to charge judgment upon property of joint debtor.......II, 1939
in summary proceedings to recover possession of land......II, 2244, 2245
in justice's court. See JUSTICE OF THE PEACE AND HIS COURT.
See, also, DEFENCE; PLEADING.

APPEAL:

Vol. Sec.

to court of sessions, in certain cases, who not to sit on............I, 48
from order removing action, from superior city court..............I, 271
by party prosecuting, etc., as poor person..

....1, 466

does not lie, from order refusing judgment on pleading as frivo-
lous

extension of time for..

when a case not necessary on......

from order for new trial on judge's minutes...
lien of judgment, time of stay on appeal, not part of
how and when suspended on.....

how restored on affirmance, or on dismissal of..

appeal by party.....

parties, how designated; title of action.

I, 537

.....I, 784, 7$5

.....I, 998
.....I, .999
limitation.1, 1255
.....I, 1256-1258

appeal by person entitled to become party; dismissal of..
death of adverse party, how taken after.

pending appeal, proceedings for revival or dismissal...
substitution on, how made..

how appeal taken; notice of, etc....

notice, to review interlocutorv judgment...

...I, 1259

I, 1294

....I, 1295

I, 1296
..1, 1297

.......1, 1298

....I, 1299

...I, 1300
.......I, 1301
, 1302
.T, 1303

compelled..1, 1304

how served in case of death, etc., of attorney.
omission to do any act necessary to perfect, how cured.....
cannot be taken from order till entered; how entry
undertaking on, may be waived by consent..
deposit in lieu of, how made, etc......
must be filed with clerk......

new, to be given when sureties become insolvent, etc...

action on, when not to be brought....

when court may limit amount..

not required on appeal by the people.
by domestic municipal corporation..

when proceedings stayed by; effect of...

levy, wh superseded by.

certai.. papers to be transmitted to appellate court..

.I, 1305
.....I, 1306

...I, 1307

.I, 1315

from final judgment, interlocutory judgment or order may be
reviewed on.....

.......I, 1316
court may affirm, reverse, or modify judgment, or order on......I, 1317
when does not lie from judgment of reversal...
enforcement of judgment affirmed on......

order affirmed on, in special proceedings..

....I, 1318

............I, 1319

......I, 1320

mode of cancelling or correcting docket of judgment reversed

on......

restitution, when awarded on reversal...

.....I, 1321, 1322

.I, 1323

when right to sell not affected by, in action for specific perform-

id., on judgment directing conveyance.................................... I, 1330

construction of last five sections

1, 1332

I, 1333

I, 1334

1, 1334

1, 1335

. I, 1335

I, 1336

I, 1336
I, 1336