time for, 622 g.

attendance at, how compelled,
622 h.

order to show cause why it should
not be had, 622 i.
proceedings on, 623 d.

punishment of witness for failing
to attend, 623 h.

deposition taken on, may be read
in evidence, 624 a.
deposition on, how excluded, 625 b.
effect of death of party to action
after, 625 f.

reading or producing documents
proved on, at the trial, 625 i.
Conditional order, what is, 723 d.

time for compliance with, 722, 723.
Condition precedent, performance of,
how pleaded, 251, 252 a.
Condonation, evidence of, 745.
Confessing and avoiding, in plead-
ing, 216 d.

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

to clergy, 613 g.

of judgment without action, judg-
ment may be confessed for debt
due or contingent liability, 591.
statement in writing and form
thereof, 592.

statements for, held sufficient, 592 h
insufficient, 594 i.

good in part, and bad in part, 595 h.
sufficient as to debtor, insufficient
as to creditor, 595 i.
amendment of, 595 j.
verification of, 595 k.
signature to, 596 a.

authority to enter judgment, 594 h.
time to enter judgment on, 728,
596 b.

construction of, 596 c.

Confession in pleading-continued.
at whose instance set aside, 596 d.
what confessions are not within
this provision, 591 a.
for future advances, 591 b.
by joint debtors, 591 c.
by public officer, 592 a.

by person of unsound mind, 592 e.
by married woman, 592 b.
by trustee, 592 c.

by partners, 592 d.

not a disposing of property, 592 ƒ.
to be filed and judgment entered
thereon, with $5 costs, 593.
judgment roll, how constituted,
597.
execution on such judgment, 597.
execution for installment of such
judgment, 597.

in justices' courts, 39, 43 d.
judgment, when perfected, 597 a.
setting aside judgment for irregu-
larity, 592 g.

compelling debtor to give a new
confession, 596 i.

Conflicting claims to real property, ac-
tions to determine, 664.

place of trial of, 117.

allowance in addition to costs in
proceedings to determine, 499.
may be by notice under the stat-
ute, 664 f.

See Adverse claims.

Consideration, when and how alleged,
198 a, 163 a.
Consolidating actions, 258 k.
Constable, actions against, within two
years, 81.

complaint against, 172 e.
bond, action on, 168 d.
Construction of will, &c., allowance in
action for, 608.

of pleadings, 61 f, 243.
of code, 678.

of order of reference, 408 c.
of statute, appeal, 16.
Constructive notice, when notice of
lis pendens is, 129.

Consul, when he must plead his privi-
lege, 210 d.

action against, 14 a.

Contempt, provisions of revised stat-

utes as to, not repealed, 681.
provisions of code do not apply
to service to bring into, 643.
review of proceedings for in court
of appeals, 532 ƒ.

in disobeying order in supplement-
ary proceedings generally, 477 a.
for not attending as a witness, 610.
provisions as to arrest and bail,

do not apply to proceedings
for, 278.

party in, may move to vacate in-
junction, 328 d.

referee can punish for, 410 g, 408.
judge at chambers may punish
for, 28.

in justice's court, 67 f.

attachment for, not an action, 10 b.
Contested motions, where to be heard,

713.

Copy-continued.

when court may give leave for
copy to be taken of documents
in possession of opposite party,
601.

clerk's fee for, 507.

of pleadings, &c., to be furnished to
court, 384

on jury trial, 384.

on enumerated motions, 714.
on argument on special verdict,
714.

on appeal to general term, 715.
from surrogate, 715.

when not required in mortgage
and partition cases, 714.
on case agreed on, 715.
on account, 242 d.

Coroner, when to act in place of
sheriff, 643.

provisions relating to sheriffs to
apply to, 643.

when execution to issue to, 443.
action against, within three years.
81.
Corporation, individual suing, or
being sued as, 149 e, 274 d.
dissolution of does not abate the
action, 110 g.

president of, not required to pro-
duce books, 609 ₺.

may examine adverse party as a
witness, 614 a.

complaint in action by or against,
172 h.

complaint by or against stock-
holders of, 195 d.

service of process on, provisions
of the code applied to justices'
courts, 59.

service of summons on, 131, 132 a.
who is a managing agent of, 132 a,
174 a.

cannot set up defense of usury,
222 b.

may sue for libel, 185 c.
injunction to suspend business of,
15 b, 326, 775.

superior court, New York com-
mon pleas, mayors' courts of
cities, and recorders' courts of
cities, have jurisdiction of, 33.
provisions of revised statutes as
to, not affected by code, 681 a,
144 a.

time of limitation on bills, &c., of,
86.

actions against, in the name of
the attorney general, 651.

parties to actions by creditors of,
103 f.

parties to action to charge stock-
holders of, 105 b.

verification of pleadings by, 239,
241 b.

proceedings supplementary to ex-
ecution cannot be instituted
against, 462 a.

sequestration of property of, 4626.
books of, how proved, 609 b, c.
may be examined as to property
of a judgment debtor, 470 a.
how examined as to property of
a judgment debtor, 470 a.
proceedings to dissolve, superior
court has no jurisdiction of, 34 b.
action to annul, 651.
injunction against, 15 b.
receiver of, 656, 352 f.
actions against, when to have a

preference on calendar, 373 a.
See Attachment, Foreign corpora-
tions, Joint-stock companies, Mu-
nicipal corporation, Quo war-
ranto, Religious corporations,
Scire facias.

Costs, all statutes, rules, &c., as to
costs or fees of attorneys, 80-
licitors, or counsel, repealed,
478, 479 a.

amount of, to be regulated by
agreement between the parties,
478.

certain allowances to prevailing
party, called costs, 479.
in special proceedings, 480 c.
against municipal corporations,
15 a, 479 b.

in certain actions where damages
claimed do not exceed $500,
479 i.

in actions against the mayor of
New York, 15, 479, b.

in action against school district
officers, 479 c.

in street opening cases, 480 a.
in surrogates' courts, 479 d.

in federal courts, 479 e.

as between attorney and client,
479 f.

on substitution of attorney, 479 h.
staying proceedings till costs of
previous action paid, 482 b,
672 f.

Costs-continued.

in action by married woman, 482 j.
of closing up insolvent and dis-
solved insurance companies,
483 a.

the liability of guardian ad litem
for, 509.

the powers of referees as to, 412 c.
malicious trespass, 483 c.

in action for trespass on lands,
489 d.

where favors granted on pay-
ment of, 498 f.

new trial, on payment of, 499 c.
where verdict part for plaintiff

and part for defendant, 480 b.
on proceedings on forfeited recog-
nizances, 480 d.

on proceedings for forcible entry,
483 c.

agreement with attorney as to,
479 g.

double allowed, 482 f, i.
treble, allowed, 482 h.

where action dismissed for want of
jurisdiction, 483 b, 491 h.
security for, 483 d.
See Security for costs.
to plaintiff of course, 487.

in several actions on one instru-
ment, 488, 491 d.

in actions in which justices'
courts have not jurisdiction,
487, 490.

where recovery is less than $50,
487, 490.

to defendant, 491.

to either party in discretion of the
court, 492.

amount of, 494.

allowance in addition to, 499,
500.

Costs-continued.

after discontinuance in justice's
court by reason of answer of
title, 56, 489 e.

in an action by or against an ex-
ecutor, an administrator, or a
trustee of an express trust, or
a person expressly authorized
by statute to sue, 510, 511 e.
in proceedings against joint debt-
ors, heirs, devisees, &c. (§§
375-381), 495.

on claim against a deceased per-
son, referred pursuant to the
statute, 509, 513 e.

in action to recover dower, 495.
on sale of real property of infant,
727.

on confession of judgment with-
out action, 597.

on submitting controversy with
out action, 588.

on review of a decision of an in-
ferior court in a special pro-
ceeding, 515.

in partition, 500, 663 e.
in foreclosure, 500.

set-off of, 458 m, 421 i, 583.

after offer of defendant to com-
promise, or to liquidate dam-
ages, 583, 586 d.

after notice of no personal claim,
129.

on appeal, 491 e, 492.

from surrogate, 515.

in a special proceeding, 555 a.
against assignee, 96 f, 516.
attorney, when liable for, 483,
487 a.

party in interest liable for, 516.
lien of attorney for, 459 b, 480 e,
663 f.

on postponement of trial, 508.
on motion, 508.

of inspection, 606 ƒ.

of previous appeal must be paid
before second appeal, 524 d.
in supplementary proceedings,

476.

in justice's court, 66 i.

on motion for new trial, 393 0.
on appeal from order granting or
refusing a new trial, 394 d.
against corporation, how col-
lected, 656.

See Interlocutory costs, Disburse-
ments.

Counsel, when liable to arrest, 287 b.
cannot be bail, 293 c.

Counsel continued.

to indorse papers on taking a de-
fault, 722.
agreements as to compensation,
479 g, 695 f.

right to address jury, 377 e.
only one on each side to be heard
in court of appeals, 687.
in court of appeals limited to two
hours, 689.

admission and examination of, 693.
number of, on trial of issues of
fact, 706.

on hearing at general or special
term, 722.

advice of, how sworn to, 703,
374 d.

to stand to examine witnesses, 706.
witnesses not entitled to, 467 g.

See Attorney.

Counsel fee. See Alimony, 745 k.
Court of appeals, act relating to, 768.
Counter-claim, defendant may set up
in answer, 223.

what may be set up as, 148 d, 223.
when allowed, 223 e.
extent of, 224 b.

is broader than set-off, 224 b.
when disallowed may be the sub-
ject of a new action, 224 c.
election between, and cross-action,
225 b.

must exist in favor of defendant

against the plaintiff, 226 d.
must be in favor of a defendant
and against a plaintiff between
which plaintiff and defendant

a

several judgment may be
had, 226 c.

must exist in favor of defendant
at commencement of action,
227 a.

by stockholders in building so-
ciety, 228 c.

in an action on contract, 227 b.
in an action of tort, 223 e.
in action by assignee, 228 a.
for dower, 673 e.

between landlord and tenant,
228 d.

in foreclosure, 229 b.

in action on premium note, 229 d.
between principal and agent,
224 a.

between trustee, 224 a.
vender and purchaser, 229 b.
sufficiency of answer setting up
a counter-claim, how deter-
mined, 225 d.

Counter-claim-continued.

answer setting up matter as a
counter-claim should state ex-
pressly it is intended as a
counter-claim, 225 d.
when the statute of limitations is a
bar to, 227 c.
judgment on, 227 d.

judgment for excess over, 355.
amendment by adding, 269 c.
several may be set up, 226 a.
defendant is not obliged to set it
up, 225 b.

counter-claim in the reply, 236 a.
reply or demurrer to, 235.
in reply, 236 a.

County courts-continued.
appellate jurisdiction of judgment
under mechanics' lien law,
31 a.

power of on appeal, 31 d.

appeal from, to supreme court,
31 f, 548.

County judge, has power of a judge
at chambers, 635.

power of, 628, 629 b, 635, 636.
fees of, 29 a.

orders of, how reviewed, 635.
may enlarge time for taking pro-
ceedings in the action, 636.
appeal from, 548, 549 e.
See, Special county judge.

29-562.

when open, 31.
terms of, 31.

jurors in, 32.

costs in, 29, Laws 1870.
supreme court rules apply to, 678.
new trial in, of cases arising in
justice's court, 562, 563 a.
costs on, 586 d.

of Kings and Erie counties, excep-
tion as to, 30.

suits pending in mayors' and re-
corders' courts may be trans-
ferred to, 33.

suits in, may be transferred to su-
preme court, in case judge in-
terested, &c., 30.
have jurisdiction of appeals in
summary proceedings to re-
cover possession of land, 31 a.

to, 740.

of appeals, jurisdiction of, 15.
additional jurisdiction of, 17 a.
act relating to, 768.
appeals to, 15.

appeals to from justices' courts,
16, 17 b.

second appeal to, 524 d.
papers on, 536 g.

either party may bring on

cause for argument, 691.
cases where appeal lies to, 532.
power of, 17.

after remittitur court has no
jurisdiction, 538 h.
terms of, 18.

additional terms of, 18.
preference of causes, 18.
judgment of, how pronounced,

18.

sheriff to provide rooms for, 19.