THE name of the Court should always be correctly given.-V. p. 94. The following are correct denominations:-Court of Appeals; Supreme Court, city and county of New York; do. county of Superior Court of the City of New York; New York Common Pleas; X County Court; City Court, D. ; Mayor's Court of S.: Recorder's Court of Y., &c.

Where a party sues or is sued as survivor of another, describe him as follows:-A. B., survivor of C. D. Where as Executor, thus:E. F., Executor of the last Will and Testament of C. G., deceased. Where as Administrator, thus :-O. P., Administrator of the Estate and Effects of R. S., deceased.

The full description, as above, should be inserted in every actual pleading. For papers of minor importance, the words Survivor, &c., Executor, &c., Administrator, &c., are sufficient. It is an usual practice, where there are several plaintiffs or defendants, to state the title as follows:--A. B., et. al., against C. D., et. al. Though not strictly correct, this form of title may usually be sufficient.

An inverse form of title is often used, as follows:-

As to which, the same observation may be made.

When the case is heard on appeal, the words "appellant" and

respondent," as the case may be, should be substituted for "plaintif" and "defendant," the title of the action remaining otherwise unchanged.-V. Code, s. 326.

N. B. The above may perhaps appear to be minutiæ, scarcely deserving any lengthened notice; but still, even in minutis, it is better to be correct than incorrect; an erroneous title too, may possibly constitute a fatal defect.-V. page 545.

The proper title of the cause should be prefixed to every paper or proceeding in it from first to last, without omission or exception.

II.

SUMMONS.

SUMMONS FOR MONEY DEMANDED.

Title, &c., as in last.

Complaint served.

To the defendant (or, to the defendants A. B. and C. D., as the case may be).

You are hereby summoned and required to answer the complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your answer to the said complaint, on the subscriber at his office, Number.

Street, in the city of

within twenty days after the service hereof, exclusive of the day of such service; and if fail to answer the you said complaint within the time afores:id, (the plaintiff in this action will take judgment against you for the sum of with interest from the hundred and

day

of

dollars one thousand eight

besides the costs of this action.)

Dated

185

X. Y. Z.

Plaintiff's Att'y.

N. B. The residence of the attorney or party subscribing, must be exactly and specifically given.-V. page 95.

If the plaintiff sue in person, he should substitute the words, "plaintiff in person," for plaintiff's attorney, after his signature. N. B. If several sums, bearing interest from different dates, be included in the same summons, state each separately as under, "for the with interest from the day of and also for the sum of

further sum of

with interest from the

day of ," and

so on, as may be necessary, taking care that the whole of the sums and dates are correctly specified.

SUMMONS FOR RELIEF.

Complaint Served.

Same as foregoing, but substitute for the words between brackets. the following: "the plaintiff will apply to the Court for the relief demanded in the complaint."

SUMMONS

Complaint not Served.

Same as foregoing, but substitute for the words, " of which a copy is herewith served on you," in 2d line, the following, "which will be filed in the office of the clerk of the county of the said county."

N. B. In New York as follows, in the office of the city and county of New York, at the city hall in the York.

at

in

clerk of the

city of New

SUMMONS

Where service by publication is necessary, or in Real Estate Cases, &c.

the

Substitute for foregoing, "which was filed in the office &c., on

Or in real estate cases as follows, (V. p. 218,) " which has been filed &c." The former is, however, the better form.

SUMMONS

Title, &c.

Against Joint Debtor not Served.

To the defendant, A. B.

V. page 493.

You are hereby summoned and required to show cause why you should not be bound by the judgment entered in this action on the day of in the office of the clerk of &c., against all the above-named defendants for the sum of dollars, debt, damages, and costs, and likewise to answer to the complaint in such action on file in the office of the said clerk, and to serve a copy of your answer to such complaint on &c., within twenty days after the service hereof, exclusive of the day of such service, and if you fail to show such cause, and to answer the said complaint within the time aforesaid the plaintiff, &c., as in foregoing.

Where this summons is issued under sec. 376, alter the title as

Alter summons itself as under, "to show cause why the judgment entered &c., against the said G. H., a judgment debtor, deceased, for &c., should not be enforced, against the estate of the said G. H. in your hands respectively, and likewise, &c.

AFFIDAVIT

To accompany summons in the two last cases. V. Code, sec. 378. Title, &c.

A: B. (Attorney, or party subscribing the summons,) being duly sworn, deposes and says, that the judgment entered in this action on the in the office of the clerk of the county of

at

sum of

day of

in the said county against the above-named defendants for the dollars, debt, damages and costs, has not been satisfied, to his this deponent's knowledge, or information and belief, and that dollars is now due thereon. [Or, if the same have

the sum of

been partially satisfied, state facts, and balance due.]

N. B. For directions as to service of Summons, of whatever nature, V. page 100.

As to proof of such service, V. page 108.

The object of the above action, in which a summons is herewith served upon you, is to foreclose a mortgage executed by E. F. to

C. D. on the

day of

for the sum of

dollars, with

interest from

upon the following described premises: [copy description in full from mortgage,] and no personal claim is made

The object &c., is to make partition in due form of law between the parties entitled thereto, of the following described premises. [rest as above.]

IN EJECTMENT.

The object &c., is to recover the possession of the following described premises, &c., &c.

In other cases, the notice must be drawn in general accordance with the above, containing a concise and clear statement of the precise object of the suit; but always concluding with the words, " and no personal claim is made against you."

Title, &c.

IV.

NOTICE

OF LIS PENDENS.

V. page 219.

Notice is hereby given, that an action has been commenced, and is pending in this court, upon a complaint of the above-named plaintiff against the above-named defendant, *for the foreclosure of a mortgage, bearing date the one thousand eight hun

dred and

of the

day of

t

thousand eight hundred and

in the office of the

day of o'clock, in the

one

noon; and that the mortgaged premises in the last-mentioned county affected by the said foreclosure, were, at the time of the commencement of this action, and, at the time of filing this notice, are situated in the in the last-mentioned county, and are described in the said mortgage as follows, to wit: [Copy in description from mortgage.]

[state situation,]

Dated,

185

L. M.

Plaintiff's Attorney.