CONTENTS OF FIRST VOLUME.

PART I.

OF CIVIL ACTIONS AND PROCEEDINGS, IN THE STATE OF NEW YORK, IN COURTS

OF LAW; AND OF THE COURTS WHICH HAVE ORIGINAL AND APPELLATE

COGNIZANCE OF THEM.

SECTION 7.

Of mistake in the form of action, and of the elec-

tion and joinder of actions

SECTION 8. Of the time limited for the commencement of actions

CHAPTER II.

Of the Supreme Court, including the Circuit Courts of the State; of

Attornies and other Officers; and of the Prosecution and Defence of

Actions in Person or by Attorney.

SECTION 1. Of the supreme court

SECTION 2. Of attornies and counsellors

141

.

175

SECTION 3. Of the prosecution and defence of actions in person

SECTION 1.

SECTION 2.

Of the district courts of the United States

Of the circuit court of the United States for the

243

OF THE PRACTICE OF THE SUPREME COURT IN THE PRINCIPAL AND DIRECT

PROCEEDINGS TO JUDGMENT, IN PERSONAL ACTIONS BROUGHT FOR THE RE-

COVERY OF ANY DEBT, OR FOR DAMAGES ONLY.

CHAPTER I.

Of the modes of commencing Personal Actions.

SECTION 1. Of the original writ and process thereon

SECTION 2.

Of the commencement of actions by capias ad re-

spondendum

350

356

CHAPTER II.

Of the proceedings after the issuing of the capias until the defendants

appearance.

SECTION 1. Of the arrest and Service of the writ

369

SECTION 4.

Of the return of the writ by the sheriff, and his duty

thereon

389

CHAPTER III.

Of the Defendant's appearance.

SECTION 1. Of common appearances and notice of retainer

SECTION 2. Of special bail

CHAPTER IV.

Of the Declaration.

SECTION 1. Of the parts and requisites of the declaration

SECTION 2. Of the filing and service of the declaration

CHAPTER V.

Of Pleas and the subsequent Pleadings, and of Demurrers.

SECTION 2. Of notice of trial, and inquest, of countermanding the

same; and of preventing inquest, and of putting off

trial

451

457

SECTION 3. Of the venire for foreign jurors, and of jurors and the

mode in which they are drawn and summoned

SECTION 4. Of the evidence, the witnesses and the mode of com-

pelling their appearance.

468

SECTION 2. Of drawing the jury, of talesmen and of challenges

SECTION 3. Of proceedings before the jury; swearing and exam-

ining witnesses, demurrers to evidence, bills of ex-

ceptions, and nonsuit

SECTION 4. Of verdicts general, and special, and of the conduct

and duties of the jurors

SECTION 1.

Of the general rules awarding, regulating, and limit-

ing costs

SECTION 2. Of the taxation of costs

CHAPTER X.

Of Amendments.

. 508

511

521

543

553

555

CHAPTER XI.

Of Judgment by Confession.

SECTION 1. Of warrants of attorney and entering judgment thereon 604

SECTION 2. Of cognovits

615