distinction between action and suit abolished, 55. criminal, defined, 13. civil, defined, 13. how commenced, 96. when deemed commenced, 65, 111, n. when not to abate, 79, 80, n. when to be commenced. See, Limitation. where to be tried. See, Place of trial. parties to. See, Plaintiff, Defendant, Parties to action. pleadings in. See, Pleading, Complaint, Answer, Demurrer. by executor or administrator. See, Executor. where no personal claim on defendant, 100. for partition, 319. relating to real property, general provisions, 321. existing provisions relating to, 322, 323, 330. on charter or by-law of corporation, 52, 53. against bail, 190. time of limitation in. See, Limitation. title of, not altered by appeal, 264. in name of people of State. See, People of State. by Attorney General. See, Attorney General. on a judgment, when allowed, 51. review of special proceedings in superior court to be deemed. See, Foreign corporations. against foreign corporation, 312. in place of scire facias, quo warranto, &c., 313. to determine conflicting claims to real property, and for waste and nui- for discovery abolished, 292. costs in, 249. ADULTERY, divorce for, 352. when adultery of plaintiff may be set up, 353. ADMINISTRATOR. See, Executor. of service of summons, 110, n. ADVERSE POSSESSION, defined, 61. under written claim, 60. under claim not written, 61. in cases of landlord and tenant, 61. See, Descent cast, Occupation, Possession. ADVICE, of counsel, form of swearing to, 209, 345. copy to be served with order, when, 179, 304. AFFIDAVITS, to be used on motion, 346. to prevent inquest at the circuit, 341, 209. concerning change of place of trial, 347. of service of summons, &c., what to contain, 110, 358. when necessary, to enter default, 346. on motion to change place of trial, 346, 347. in divorce cases, 352. AFFIRMANCE, in court of appeals by default, 338. remitted, stayed after, 339. AGREEMENTS, to be in writing or entered, 346. terms of supreme court at, 23, of sessions at, 30. See, Percentage. AMENDMENT, of course, 149. on terms, 152. of variance, 148, 149. of notice of appeal, 155, n, 264. [264. to make proceedings conform to the requirements of the code, 155, ANSWER, when to be put in, 122. what it must contain, 127. number of defences in, 139. and demurrer, when allowed, 125, n., 132. not replied or demurred to, and containing new matter, 135. material allegations in, when deemed true, 147. and offer of compromise, 289, 290. of title in justice's court, 42. in action of libel and slander, 142, 143. to recover possession of property distrained doing damage, 143. further time to, 122, n., 303, 304, n. supplemental, when allowed, 156. amendment of, 149, 152. frivolous judgment on, 203. sham or irrelevant may be struck out, 132. sham, what is, 133, n. false, when it will be struck out, 133, n. of statute of limitations, 59. founded on written instrument, 142. APPEAL, in general, who may appeal, 264. parties, how designated on, 264. title of cause on, 264. APPEAL, in general, certified copy notice of appeal, &c., to be transmitted to ap- pellate court, 265. from a judgment, power of court, 265. from a judgment or order, power of court, 265. to Court of Appeals, in what cases, 16, 17 n, 37, 267. prerequisites of, 267. with stay of execution, 268, 269. effect of on court below, 269. undertakings and sureties on, 270, 271. effect of in certain cases, 271. to Supreme Court from Inferior Court, in what cases, 271. security on, 272. judgment on, 272. to Supreme Court, Superior Court, Court of Common Pleas, city of N. Y. how taken, 273. from order of single judge, 273. order made out of court, 276. From a single judge to the to Court of Common Pleas of the City and from an inferior court, 277. repeal of statutes relating to review of judgments in Jus- to Common Pleas, when, 278. County Court, when, 278. may be dismissed for want of prosecution, 281. hearing to be on original papers, 281. judgment, how given, 281. costs on, 283. from Surrogate's Court, not affected, 327. when an enumerated motion, 343. when non-enumerated, 344. who to furnish papers in, and what papers, 344. in Superior Court, regulated, 355. when heard, 359. from orders on non-enumerated motions, when heard and from order granting or refusing new trial, how to be brought costs on, 360. in Court of Appeals, what the return must contain, 337. APPEALS, COURT, jurisdiction of, 16, 17, n, 37, 267. power of an appeal, 19. jurisdiction of, when it ceases, 19. causes on calendar, 21. where may be held, 21. adjournment of, 21. See, Remittitur. APPELLANT, defined, 264. to cause the return to be filed in twenty days, 337. to make the case, 337. serve copies, 338. furnish copies for judges, &c, 338. APPEARANCE, notice of, its effect, 197. of infant to be by guardian, 76. notice of, or of retainer, when such, 340. ARGUMENT, cases reserved for, 340, 341, 342, 213. notice of eight days to adverse attorney, 338. to specify judicial district, 338. on questions of fact, 338. only one counsel on a side, except, &c., 338. ARREST, in what cases, 158, 159. of female, 159, 160 n. order for, of whom obtained, 160. when to be made, 160, 161 n. prerequisite of making order, 162. order for, when to be made, and what to contain, 162, 163 n. to be delivered to sheriff, 163. copy to be delivered to defendant, 163. how executed, 163. defendant how discharged from, 163. order for, motion to vacate, 168. See, Bail, Deposit, Irregularity, Sheriff. of judgment, motion for, 300, n. ASSAULT and Battery, action for, cannot be maintained in Justice's Court, 42. on board merchant vessels, actions for, in marine court, 51. costs in actions for, 251 n., 253 n. ASSIGNEE of thing in action, action by, 73. liable for costs, 262. ASSIGNMENT, of thing in action, allowed only in cases arising out of contract, 71. effect of, 73. ASSIGNOR, of thing in action, when may be a witness, 297. ASSISTANT JUSTICES' COURTS. See, Justices' Courts. ATTACHMENT, may be issued in certain cases, 186. from whom to be obtained, 188. how obtained, 188. before issuing, plaintiff must give undertaking, 190. to whom directed and what to require, 190. several may issue, 190. sheriff's duty thereon, 190. proceeding on, in case of perishable property or claim of third party or interest in a vessel, 191. on shares in stock of any association, 191. on property incapable of manual delivery, 191. defendant to furnish sheriff with schedule of property, 191. sheriff's duty, where judgment for plaintiff, 192. action authorized to be brought by sheriff, may be prosecuted by plaintiff, 193. sheriff's duty where judgment for defendant, 193. proceedings to discharge, 193, 194. sheriff to return, 194. fees to sheriff on, 194. ATTORNEY, and Guardian. In court below continued in court of appeals, 337. name and residence to be endorsed on process or papers to be serv- ed, 338, 340. to mark folios on papers, 138, 346. duty to act as guardian ad litem, 349. See, District Attorney. ATTORNEY-GENERAL, actions by, 65, 314, 315, 316, 317, 318. |