INDEX.

[The reference is to the page; and the letter n, following the numbers, signifies that the refer-
ence is to a note on the page indicated.]

ABATE, when action not to, 96.

A.

ABSCONDING DEFENDANT, when justice's courts to have jurisdiction of, 51 n.
attachment against property of, 242.
See Attachment.

ABSENCE FROM STATE, time of absence from State not part of period of

limitations 76, 77 n.

of plaintiff, entitles defendant to security for costs,
339 n.

See Temporary Absence.

ABSENT DEBTORS, jurisdiction of county courts as to, 37.

ABSENT DEFENDANTS. See Non-residents.

ABSENTEES, how summoned, 126.

service on, when complete, 133.
proof of service on, 133.

may defend after judgment, 127.

ACCOUNT, how to be stated in a pleading, 174.
copy of, to be delivered on demand, 174.

66 account to be verified, 174.

further account may be ordered, 175.

in justice's courts either party may be ordered to exhibit to the
other, 59.

See Bill of Particulars.

ACCOUNTABILITY, of guardian for infant, 424.

ACKNOWLEDGMENT, to take case out of limitation must be in writing and

ACT (Code), division of, 19.

signed, 79.

may be made to a third party, 80 n.
See Admission.

first part, what it relates to, 19.

second part,

66

when to take effect, 445.

supplementary, 447.

19.

parts of, applied to existing suits, 439-447.

not to affect certain proceedings, 443.

applied to justice's courts, 59.

how designated, 447.

ACTION, definition of, 18.

suit for partition is, 18 n, 19 n.

creditor's suit is, 19 n.

proceedings to obtain a discovery is not, 19 n.
division of, 19.

civil, 19.

criminal, 19.

distinctions between actions and suits abolished, 65.
the principles of, are retained, 66 n.

for legal and equitable relief, 66 n.

parties to, how designated, 67.

who to be parties to, 81.

on judgments, regulated, 67,

time for commencing-

in general, 68.

for recovery of real property, 69.

other than for the recovery of real property, 73.
general provisions as to, 75.

to be commenced by service of summons, 114.
revivor of, 96.

may be continued by survivor or assignee, 96.

not to abate by death or marriage, &c., of party to, 96.

place of trial of, 102.

by receiver, 254 n.

purchaser from receiver, 255 n.

on bond for security for costs, 339 n.

attorney general against corporations to annul charter of incorporation, 429
in place of scire facias, 428.

66 of quo warranto, 428.

to vacate letters patent, 431.

for usurping office, 431.

against persons claiming an office or franchise, 431.

for forfeiture of property to the people, 434.

for partition of real property, 434.

in supreme court, when ordered to be argued in an adjoining county, 34 n.
commenced after previous action for same cause, discontinued by reason
of title coming in question, proceedings in, 55, 55 n.

when deemed commenced, 75.

to determine conflicting claims to real property, 435.

for nuisance or waste, 435.

concerning real property, general provisions, as to, 435.

present rules and practice in, abrogated, 442.

examination of parties, 395; and witnesses, 402.

enlarging time for proceedings in, 417.

See Existing Suits.

ACTUAL DETERMINATION, a judgment taken by consent is not, 23 n.

See Determination.

ADDITIONAL ALLOWANCE for costs,

See Per-centage.

ADDITIONAL TERMS of court of appeals, how appointed, 28.

ADDITIONAL TIME, how computed, 419 n.

See Enlarging Time.

ADJOURNMENT of court of appeals, 30.

of general and special terms of supreme courts, 34.

of circuit courts, 34.

of courts of oyer and terminer, 34, n.

of county courts, 34.

of hearing on a reference, referees may order, 285, 290 n, 291 n.
of examination in proceedings supplementary to the execution,
county judge, cannot order, 328 n.

ADJUSTMENT OF COSTS, to be by the clerk, 350.

notice of, when necessary, 350 n.
what is a sufficient notice of, 350 n.

effect of omitting to give notice of, 350 n.

power of clerk as to, 351 n.

review of, how obtained, 351 n.

ADMEASUREMENT OF DOWER, county court has jurisdiction of proceedings

ADMINISTRATOR. See Executor.

for, 37.

ག།

costs in actions for, 343.

proceedings for, how affected by the code,
444 n.

See Dower.

ADMIRALTY CAUSES, jurisdiction of superior court of, 42 n.
ADMIRALTY JURISDICTION, marine court not to exercise, 61.
ADMISSION of attorneys and counsel regulated, 459.

ADULTERY.

of service of summons—

must be in writing and signed by defendant, 133.
must state the time and place of service, 133.
must refer to the cause, 134 n.

must be verified and identified, 134 n.

or inspection of and copy of papers, &c.

See Divorce.

ADVERSE PARTY--

either party may exhibit paper to another, and request an ad-
mission of its genuineness, 393.

effect of failure to give admission, 393.

court may order an inspection and copy of books, papers,
and documents, 393.

order for inspection, how enforced, 393.

See Discovery of Books, &c.

may be examined as a witness, 396.

ADVERSE POSSESSION-

what deemed, 71.

where premises actually occupied, 71.
under claim not written, 72.

ADVERTISEMENT-

publication of, how proved, 425.

of sale of real estate, execution creditor not liable to printer for, 316 n.
foreclosure of mortgage by, not affected by the code, 444 n.

entitled, refers to naming the parties, 418 n.

entitled supreme court instead of court of appeal, held in-
sufficient, 418 n.

entitled "county court," instead of "

held sufficient, 418 n.

supreme court,"

may be entitled, even if sworn before action commenc-
ed, 418 n.

made in foreign states or countries, how authenticated,418 n.
it is irregular to serve copy of, before affidavit is sworn,418 n.
copy served need not, but should, contain a copy of the
jurat, 418 n.

copy of to be served with order for time, 417.

concerning venue, what to state, 471, 110.

the word affidavit in section 226 does not mean answer, 240.