ACTION- Continued.

Vol. Sec.

when deemed commenced within provisions as to limitations 1, 398-400
how commenced, in court of record......

severance of, against defendants severally liable...
to recover attached property, etc.....

416

I. 456

....I, 655, 677-680

1, 1420

when served after judgment against some of the defendants..... 1205
to recover property levied upon. after inquisition..
purchase-price of real property sold under execution, for
failure of title

...I, 1479, 1480

against guardian, trustee, etc.. holding over, etc.; damages
therein...

for real property, when infant may maintain in his own name,11, 166
for damages for suing, etc., in name of another...
for causing death by negligence

for slander of a woman by imputing unchasity.
for libel against editor, etc.....

upon judgment of court of record..

of a justice of the peace......

ancillary, for discovery abolished
upon a penal bond.....

by surety of trustee, to recover costs.
upon lost negotiable paper

II, 1900

II. 192

IL, 1906

11, 1907-1908

11. 1913

.....II, 3154, 31.55

II. 1914

U 1915

...IL, 1916

II. 1917, 1918

II. 1925

by tax payer, against a public officer.
by and against certain county, town and municipal officers 11, 1926-1581
to charge judgment upon property of joint debtors not sumi-
moned
II, 1937-1944
against persons engaged in transporting passengers, etc...II, 1945
partner, not joined as defendant.

by person dispossessed in summary proceedings to recover land.

11. 2363
by proceedings for discovery of death of life tenant.......II, 208
parties may stipulate to try cause elsewhere than at court house L, S
trial commenced may be continued beyond term
parties to, may appear in person or by attorney
right of, for seizing exempt property.

to compel conveyance of real property of lunatic, infant, etc..

55

11. 2343-2347

against party revoking, to recover costs, etc, of arbitration II, 2384, 2383
on undertaking on appeal..
...1, 1309, II, 2575

bond of executor, etc

II, 2506-2610

temporary administrator, how far may maintain or defend...II, 2675
for reimbursement, after sale, etc, of real property, to pay dece
dent's debts..

distinction between actions at law and suits in equity abol-

II, 3338

11, 3339

ished

for contribution, between owners of real property sold under ex-
ecution. See CONTRIBUTION.

upon bond for jail liberties. See BOND FOR JAIL LIBERTIES,
periods of limitation of. See LIMITATION OF ACTION.

mode and place of trial of; and proceedings upon the trial. See
TRIAL; TRIAL BY, ETC.

consolidation of. See CONSOLIDATION.

continuance of, after transfer. See ASSIGNMENT: CONTINUANCE.
by or against unincorporated association. See ASSOCIATION,
corporation. See CORPORATION.

by transfer of claim. See ASSIGNMENT.

for divorce or separation, or to annul marriage. See MATRIMON
IAL ACTIONS.

pendency of. See NOTICE OF PENDENCY 9P ACTION.

In behalf of the people. See ATTORNEY-GENERAL; PEOPLE OF
THE STATE.

ACTION-Continued.

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

753

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;
PROPERTY, ACTION TO RECOVER; WASTE.
REAL'

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..

...II, 1688

.II, 1689

..II, 1690

..II, 1691

...11, 1705

.11, 1706

.11, 1707

.II, 1708

..II, 1709

...II, 1710

11, 1711
..II, 1712

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

.II, 1692

II, 1693

.II, 1694

1695, 1696

.11, 1697

.11, 1698

.II, 1699

..II, 1700

...II, 1701

....11, 1713
..II, 1714

.II, 1715, 1716

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

...II, 1735

...II, 1736

48.

ACTION FOR A CHATTEL, ETC. - Continued.

action for chattel forfeited by statute..

Vol. Rec.

11, 1833

when plaintiff entitled to costs, of course, in.
when defendant entitled to costs, of course, in such action...JI, 29
when increased cost allowed to defendant..
costs allowed on settlement of such action..
application of provisions concerning, after July 1, 1879-11, 26
ACTION FOR A CHATTEL IN COURTS OTHER THAN THOSE OF RECORD.
JUSTICE'S COURT; N. Y. DISTRICT COURTS; TROY JUSTICES' COURTS,
RECORDERS' COURTS, ETC.

ACTION, CRIMINAL:

triar of, once commenced, may be continued beyond term........L
pleading in civil action cannot be used as evidence in...
preferred to civil action, on calendar..

See

43

pending without the State, depositions in, how taken.......I, 9.4-909
defined..

review of proceedings in, not affected by this act..................l, 34
ADJOURNMENT:

of court of record, proceedings on...

when judge fails to appear.

in case of war, etc......

not to produce abatement.

of term of court of appeals..

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

33

36

44

1 197

id.; justice may inipose conditions upon adjournment.......11. 2906
id,; adjournment when attachment against absent witness is
issued

in action before justice of the peace; when justice may adjourn 11, 20
id.; adjournment on application of plaintiff..
id.; adjournment on application of defendant..................11, 201-24
id.; subsequent adjournments...

of trial of certain marine causes, in N. Y. marine court....II, 31%
See, also, titles to the various courts.

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...

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........
want of, or defect in, title of, does not impair....

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

.....T, 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.
when, may be received on appeal from justice's judgment......1, 3026

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:

ALBANY :

....II, 3004

3057

.....II, 3343

limitation of certain actions by principal, against

...I, 407

county, Jail liberties for..

wards of, considered towns as regards jury lists........
ALBANY, JUSTICE'S COURT OF:

....I, 145
I, 1041

is a court of record......

summary proceedings to recover land before Justice of
service of copy of complaint with summons; proceedings

upon....

proof of....

action to be commenced by summons..

provisional remedies, etc., in

proceedings when title to real property is in question..

in action for divorce or separation.....

See MATRIMONIAL ACTIONS.

ALLOWANCE:

..........II, 1769

additional to costs to plaintiff in foreclosure, etc..............II, 3252, 3253

to either party in difficult, etc., cases

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

.....II, 3253

by surrogate, on settlement of account of executor, trustee, etc.
See SURROGATE, AND HIS COURT.

...11, 3254
....II, 3262

of bail. See BAIL.

AMENDMENT:

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

etc., where errors are immaterial...

of return of officer or subordinate court

451

.......I, 452

I, 722-724
....I, 725

of process, pleading, etc., when not allowed without order......, 727

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....

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.

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 walved..

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......

sham, stricken out, on motion...

to amended pleading, effect of failure to make..

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

ARREST.

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

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

when issue of fact raised by.

In particular actions:

in partition, may controvert title of plaintiff or
ant....

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

putting plaintiff's title in issue...

that chattel was distrained doing damage..

for divorce

633

1 808
L. 964

by or against corporation, to require proof of incorpora-

separation.

tion.........

misnomer..

on note, etc., extension of time.

11, 1776
...IL, 1777
п. 1778

by or against executor, etc.; regulations affecting.11, 1817, 183
to charge judgment upon property of joint debtor....1, 1999
In summary proceedings to recover possession of land....II, 2244, 243
in Justice's court. See JUSTICE OF THE PEACE AND HIS COURT.
See, also, DEFENCE; PLEADING.