to the circumstances of the respective parties. And the court may, in such an action, render a judgment, compelling the defendant to make the provision specified in this section, where, under the circumstances of the case, such a judgment is proper, without rendering a judgment of separation. From Id., §§ 54, 55. § 1767. Judgment for separation may be revoked. Upon the joint application of the parties, accompanied with satisfactory evidence of their reconciliation, a judgment for a separation, forever, or for a limited period, rendered as prescribed in this article, may be revoked, at any time, by the court which rendered it, subject to such regulations and restrictions as the court thinks fit to impose. 56. From Id., 488 ARTICLE FOURTH. Ree art 11 Cir Pire act P. 399+e Provisions applicable to two or more of the actions specified in this title. Sec. 1768. Married woman deemed a resident in certain cases. 1769. Alimony, expenses of action, and costs; how awarded. 1770. What is deemed a counterclaim. Sequestration, 1771. Custody and maintenance of children and support of plaintiff. § 1768. Married woman deemed a resident in certain cases. From 2 R. S. 147 (Part 2, c. 8, tit. 1), § 57. § 1769. Alimony, expenses of action, and costs; how awarded. Where an action is brought, as prescribed in either of the last two articles, the court may, in its discretion, during the pendency thereof, from time to time, make and modify an order or orders, requiring the husband to pay any sum or sums of money, necessary to enable the wife to carry on or defend the action, or to provide suitably for the education and maintenance of the children of the marriage, or for the support of the wife, having regard to the circumstances of the respective parties. The fina judgment in such an action may award costs, in favor of or against either party, and an execution may be issued for the collection thereof, as in an ordinary case; or the court may, in the judgment, or by an order made at any time, direct the costs to be paid out of any property sequestered, or otherwise in the power of the court. From Id., § 58. § 1770. [Am'd, 1881.] What is deemed a counterclaim. Where an action is brought by either husband or wife, as prescribed in either of the last two articles, a cause of action, against the plaintiff and in favor of the defendant, arising under either of the said articles, may be interposed, in connection with a denial of the material allegations of the complaint, as a counterclaim. New. Am'd by L. 1881, c. 703. § 1771. [Am'd, 1895, 1904, 1908.] Custody and maintenance of children, and support of plaintiff. Where an action is brought by either husband or wife, as prescribed in either of the last two articles, the court must, except as otherwise expressly prescribed in those articles, give, either in the final judgment, or by one or more orders, made from time to time, before final judgment, such directions as justice requires, between the parties, for the custody, care, education, and maintenance of any of the children of the marriage, and where the action is brought by the wife, for the support of the plaintiff. The court may, by order, upon the application of either party to the action after due notice to the other, to be given in such manner as the court shall prescribe, at any time after final judg ment, annul, vary or modify such directions, or in case no such direction or directions shall have been made, amend it by inserting such direction or directions as justice requires for the custody, care, education and maintenance of any such child or children in such final judgment or order or orders. But no such appli cation shall be made by a defendant unless leave to make the same shall have been previously granted by the court by order made upon or without notice as the court in its discretion may deem proper after presentation to the court of satisfactory proof that justice requires that such an application should be entertained. Where an action is brought by a wife, as prescribed in article second of this chapter, and a final judgment of divorce has been rendered in her favor, the court, upon the application of the defendant on notice, and on proof of the marriage of the plaintiff after such final judgment, must by order modify such final judgment and any orders made with respect thereto, by annulling the provisions of such final judgment or orders, or of both, directing payments of money for the support of the plaintiff. From 2 R. S. 147, § 59. Am'd by L. 1895, c. 891; L. 1904, c. 339; L. 1908, C. 297 (in effect Sept. 1, 1908). § 1772. [Am'd 1904,] Support, maintenance, etc., of wife and children. Sequestration. Where a judgment rendered, or an order made, as prescribed in this article, or in either of the last two articles, or a judgment for divorce or separation rendered in another state, upon the ground of adultery upon which an action has been brought in this state, and judgment rendered therein, requires a husband to provide for the education or maintenance of any of the children of a marriage, or for the support of his wife, the court may, in its discretion, also direct him to give reasonable security, in such a manner, and within such a time, as it thinks proper, for the payment, from time to time, of the sums of money required for that purpose. If he fails to give the security, or to make any payment required by the terms of such a judgment or order, whether he has or has not given security therefor; or to pay any sum of money which he is required to pay by an order, made as prescribed in section 1769 of this act; the court may cause his personal property, and the rente and profits of his real property, to be sequestered, and may appoint a receiver thereof. The rents and profits, and other property, so sequestered, may be, from time to time, applied, under the direction of the court, to the payment of any of the sums of money specified in this section, as justice requires. From 2 R. S. 147, § 60. Am'd by L. 1901, c. 318 (In effect Sept. 1, 1904), § 1773. [Am'd, 1909.] Id.; when enforced by punishment for contempt. Where the husband makes default in paying any sum of money specified in the last section, as required by the judgment or order directing the payment thereof; and it appears presumptively, to the satisfaction of the court, that payment cannot be enforced by means of the proceedings prescribed in the last section, or by resorting to the security, if any, given as therein prescribed, the court may, in its discretion, make an order requiring the husband to show cause before it, at a time and place therein specified, why he should not be punished for his failure to make the payment; and thereupon proceedings must be taken to punish him, as prescribed in article 19 of the Judiciary Law for the punishment of a contempt of court, other than a criminal contempt. Such an order = to show cause may also be made, without any previous sequestration, or direction to give security, where the court is satisfied that they would be ineffectual. New. Am'd by L. 1909, c. 65 (in effect Feb. 17, 1909). { 1774. [Am'd, 1902, 1903, 1905.] Regulations respecting judgment. In an action brought as prescribed in this title, a final judgment shall not be rendered in favor of the plaintiff upon the defend 1 ant's default in appearing or pleading, unless either the summons and a copy of the complaint were personally served upon the defendant; or the copy of the summons delivered to the defendant, upon personal service of the summons, or delivered to him without the state, or published, pursuant to an order for that purpose, obtained as prescribed in chapter fifth of this act, contains the following words, or words to the same effect, legibly written or printed upon the face thereof, to wit: "Action to annul a marriage; "Action for a divorce; or "Action for a separation; according to the article of this title, under which the action is brought. Where the summons is personally served, but a copy of the complaint is not served therewith; or where a copy of the summons and copy of the complaint are delivered to the defendant without the state, the certificate or affidavit proving service must affirmatively state, in the body thereof, that such an inscription, setting forth a copy thereof, was so written or printed upon the face of the copy of the summons delivered to the defendant. No final judgment annulling a marriage, or divorcing the parties and dissolving a marriage, shall be entered, in an action brought under either article first or article second of this title, until after the expiration of three months after the filing of the decision of the court or report of the referee. Such decision or report must be filed and interlocutory judgment thereon must be entered within fifteen days after the party becomes entitled to file or enter the same, and can not be filed or entered after the expiration of said period of fifteen days unless by order of the court upon application and sufficient cause being shown for the delay. Within thirty days after the expiration of said period of three months final judg ment shall be entered as of course upon said decision or report, unless for sufficient cause the court in the meantime shall have otherwise ordered. Upon filing the decision of the court or report of the referee, a judgment annulling a marriage or divorcing the parties and dissolving a marriage, shall be interlocutory only and shall provide for the entry of final judgment granting such relief three months after entry of interlocutory judgment unless other wise ordered by the court. The final judgment must be entered within thirty days after the expiration of said period of three months and can not be entered after the expiration of such period of thirty days except by order of the court on application and sufficient cause being shown for the delay. The interlocutory judgment may, in the discretion of the court, provide for the payment of alimony until the entry of final judgment; it may include a Judgment for costs, when costs are awarded, in which case said judgment for costs shall be docketed by the clerk, and thereupon shall have the same force and effect as if docketed upon the entry of final judgment therein, except that it shall not be enforceable by execution or punishment until the entry of final judgment in said action. New, Am'd by L. 1902, c. 864; L. 1903, c. 488; L. 1905, c. 887 (in effect Sept. 1, 1905). TITLE II. Actions relating to a corporation. Article 1. Action by a corporation, and action against a corporation, to re- 2. Judicial supervision of a corporation, and of the officers and mem. 3. Actions to procure the dissolution of a corporation, and actions to 4. Action by the people to annul a corporation. 5. Provisions applicable to two or more of the actions specified in this ARTICLE FIRST. Action by a corporation, and action against a corporation, to recover damages or property. Sec. 1775. Complaint in actions by or against corporations. 1776. When proof of corporate existence unnecessary. 1777. Misnomer, when waived. и 1778. Action against a corporation, upon a note, etc. 1780. When foreign corporation may be sued. 1775. Complaint in actions by or against corporations. In an action brought by or against a corporation, the complaint must aver that the plaintiff, or the defendant, as the case may be, is a corporation; must state whether it is a domestic corporation or a foreign corporation; and, if the latter, the state, country, or government, by or under whose laws it was created. But the plaintiff need not set forth, or specially refer to, any act or proceeding, by or under which the corporation was created. From 2 R. S. 459 (Part 3, c. 8, tit. 4), § 13. 1776. When proof of corporate existence unnecessary. In an action, brought by or against a corporation, the plaintiff need not prove, upon the trial, the existence of the corporation, unless the answer is verified, and contains an affirmative allegation that the plaintiff, or the defendant, as the case may be, is not a corporation. From Id., § 3; L. 1864, c. 422; L. 1875, c. 508. 1777. Misnomer, when waived. In an action or special proceeding, brought by or against a corporation, the defendant is deemed to have waived any mistake in the statement of the corporate name, unless the misnomer is pleaded in the answer, or other pleading in the defendant's behalf. From 2 R. S. 459, § 14. 1778. Action against a corporation upon a note, etc. In an action against a foreign or domestic corporation, to recover damages for the non-payment of a promissory note, or other evidence of debt, for the absolute payment of money, upon demand, or at a particular time, an order, extending the time to answer or demur, shall not be granted, except by the court, upon notice to the plaintiff's attorney. In such an action, unless the defendant serves, with a copy of his answer or demurrer, a copy of an order of a judge, directing that the issues presented by the pleadings be tried, the plaintiff may take judgment, as in case of (2 |