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security for, 338 n. See Security for costs.

to plaintiff, of course, in action—

for recovery of real property, 340.

where title to real property comes in question, 340.

of which justices of the peace have no jurisdiction, 340.

for recovery of money, where more than $50 recovered, 340.

to plaintiff-

when not to exceed amount of damages, 340.

in several actions on one bond, recognizance, promissory note, bil!
of exchange or other instrument in writing, 340.

in suits by city authorities to enforce assessment laws, 341 n.

in foreclosure suits, 341 n.

distinction between, and disbursements, 341 n.

to defendant, when allowed, 341.

to either party-

when in the discretion of the court, 341.

amount of, when allowed, 342, 343 n.

per-centage in addition to—

in what cases allowed, 346.
how computed, 349.

See Per-centage.

how inserted in judgment, 350,
on postponement of trial, 352.
on a motion, 353.

against an infant plaintiff, 355.

in action by or against an executor, or administrator, trustee of an express
trust, or a person expressly authorized by statute to sue, 355.

en claim against a deceased person, referred pursuant to the provisions of
the revised statutes, 355.

on review of the decision of an inferior court, in a special proceeding, 357.
on appeal from a surrogate's decree, 357 n.

in actions in name of people-

by an officer duly authorized for that purpose, 357.

when private party joined in, 357.

to establish a right or claim for the benefit of any county, city, town,
village, corporation or person, 357.

against assignee of cause of action, after action brought, 358.

against assignee of cause of action generally, 358 n.

on a settlement, 358.

ou a discontinuance, 358 n, 359 n.

attorney when liable for, 339 n.

interest in addition to, 349, 28 n.

power of referee to decide as to, 285 n.

interlocutory, payment of, how enforced, 354 n.

on discontinuance of action before justice, where there is an answer of
title, 54.

in action after such discontinuance, 56.

judgment in justice's court must be with, 60 n.

in marine court, 61 n.

next friend liable for, 91.

after notice of no personal claim, 121.

against corporation, how collected, 433.

when payment of is a condition precedent to right to amend, 197 n.

on proceedings supplementary to execution-

may be allowed to either party or witness, 335.

application for, when to be made, 335 n.

when they will be allowed, 335 n.

on sale of real property of infant, 477.

on confession of judgment without action, 390.


on submitting a controversy without action, 387.
on appeals in the superior court, 493.


when liable to arrest, 202.

cannot be bail, 210 n.

to endorse papers on taking a default, 466.

fees of, statutes regulating, repealed, 337 n.

agreements as to compensation, 337 n.

only one on each side to be heard on appeals to court of appeals, 457.
admission and examination of, 459.

number of, on trial of issues of fact, 463.

66 on hearing at general term, 463.


defendant may set up in answer, 158, 163 n.
what it must be, 166.

defendant may not set forth as many as he has, 166.
reply to, 169.

demurrer to, 169.

COUNTIES are corporations, 51 n.


sheriff's expenses for providing rooms, &c., for court of appeals
to be, 29.

the like, supreme court, &c., 35.


existing provisions of law as to, repealed, 36.

pending suits not affected by repeal of existing law, 36.
jurisdiction of, 36,

how composed before the code, 36 n.

equity jurisdiction of, 36 n.

no original civil jurisdiction, except in cases prescribed, 36.

exclusive power to review justices' judgments on appeal, 37.
how composed in the city of New York, 36 n.

of Albany, 39 n.

provisions conferring jurisdiction on, are constitutional, 38 n.
judgment of, when void, 38 n.

proceedings in, should show jurisdiction on their face, 38 n.
when open, 38.

terms of, 38.

jurors in, 39.

general terms of, and courts of sessions may be held together, 39.
action may be brought in after action discontinued in justice's
court, by reason of title coming in question, 53.

issues of fact in, joined before July, 1848, how tried, 440.

general and special terms of, may be adjourned by an entry on the
minutes, 34.

causes may be noticed for trial at adjourned county court, 34.
juries may be drawn for adjourned county court, 34.


powers of, independently of the code, 416 n.

must perform his official duties within his county, 416 n.

can he make an order staying proceedings in an action triable out of

his county? 416 n.

may enlarge time for proceedings in the action, 417.

cannot stay proceedings after verdict, 412.

has the power of a judge at chambers in actions in the supreme
court, 416.

order made by, may be reviewed in same manner as an order made
by a supreme court judge, 416.

powers of, not enlarged by the code, 416 n.

power of, in proceedings supplementary to the execution, 324, 328 n.

COUNTY JUDGE-continued.

may extend time for respondent to serve affidavit on appeal from
justice's court, 417 n.

power of, to grant order for arrest, 205.

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for injunction, 227.

COURT and chamber business, distinction between, retained, 35 n.

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from surrogates' courts, 484.

need not be furnished with papers in mortgage and partition cases,


what is, on appeals, 369.

return from, appellate to procure, 455.

return by, clerk of, 455, 456.

attorneys and guardians in, to be deemed such in court of appeals, 456.



jurisdiction of, 22.

additional jurisdiction of, 23 n.

appeals to, when governed by the code, 23 n.
cases where no appeal lies to, 25 n.


an appeal lies to, 26 n.

power of the court, 27.

when it will not reverse a judgment, 27 n.

when it may remit proceedings to court below, 27 n.

after remittitur court has no jurisdiction, 27 n.

does not lose jurisdiction until remittitur is actually filed,

28 n.

interest by way of penalty on dismissal of appeal to, 28 n.
terms of, 28.

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jurors in, how drawn and summoned, 39.

may sit at same time with general term of county courts, 39 n.
in Albany city and county, 39 n.

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is an action, 19 n.

where a proper remedy before the code, relief may now be had by
action, 149 n.

what complaint, in nature of, should state, 149 n.

after execution issued, 149 n.

supplementary proceedings substituted for, 323 n.
See Supplementary proceedings.

CRIER, to be appointed for superior court and common pleas in New York city, 44.
salary of, 45.

CRIMINAL ACTION, defined, 19.

CRIMINAL CASES, have preference on court of appeals calendar, 29 n, 458.
notice of argument of, in court of appeals, 457.

motions in supreme court may be heard any day in term, 469.

CRIMINAL CONVERSATION, actions for, cannot be brought in justice's

court, 51.

to be brought within six years, 74

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CRIMINAL PROCEEDING, pleading not to be evidence in, 172.

CURRENT ACCOUNT, time of limitation in actions to recover balance of, 74.
CURTESY, tenant by, interest of, how calculated, 482.

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not to abate the action, 96.

action may be continued in name of representatives by a supplemental
pleading, 96.

leave to serve such supplemental pleading must be obtained, 97 n.

on motion for such leave the moving party must distinctly point out the
party entitled to continue the suit, 97 n.

DEATH of persons on whose life any particular estate depends, proceeding to ascer-
tain, not affected by code, 444 n.

DEATH BY WRONGFUL ACT, parties to action for, 83 n.

DEATH of justice, whose judgment is appealed, effect of, 381.

to judgment debtor may pay amount of his indebtedness to sheriff in certain
cases, 328, 329 n.

See Absent Debtors, Concealed Debtors, Imprisoned Debtors, Insolvent
Debtors, Joint Debtors.

DECEASED PERSON, costs on reference of claim against, 355.


time for commencing action on, 73.

of surrogate, action on, must be within six years, 74 n.

of surrogate, appeals from, regulated, 483.

included in the word judgment, 448.

enrollment of, the words judgment roll includes, 448.

DEFAULT, judgment by, cannot be taken in actions for divorce, 466, 480.
rules taken by, to be endorsed with name of counsel, 466.

judgment of affirmance or reversal by, in court of appeals notice of, to be
given, 458.

when plaintiff may be required to give security before taking, 257.

amendment is a waiver of, 197 n.

in proceedings to obtain a mandamus, 471.

for not appearing to oppose a motion, 466.
what order cannot be taken by, 415 n.
need not be entered, 261 n.

See Inquest. Judgment for want of answer.

DEFECT of parties-

demurrer for, 153.

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DEFECTS. See Errors and Defects.

DEFENDANT, the party adverse to the plaintiff is, 67.

who to be, 92.

appearance of, when may be entered, 461.

persons improperly made defendants entitled to costs, 92 n.

assignee of mortgage may be made defendant in action to foreclose
mortgage, 92 n.

all parties to a tort need not be joined as, 92 n.

by not answering, does not admit answer of his co-defendant, 187 n.

in what cases liable to arrest, 202, 431.

female, when not liable to arrest, 202, 203 n, 205 n.

cannot move for injunction, 231 n.

may be ordered to pay part of the claim admitted due by his an-
swer, 253, 253 n.

may offer to compromise, 391.

may offer to liquidate damages, 391.

in suit to set aside assignment for benefit of creditors, creditors need not
be made defendants, 93 n.

an infant who is a party to a contract need not be joined, 93 n.

in foreclosure suits every party interested should be made defend-
ant, 93 n.

the wife or widow of a mortgagee must be made a defendant to the fore-
closure, to bar her dower, 93 n.

in actions of ejectment the parties in possession and the party claiming
ownership, should be joined as defendants, 93 n.

when he may come in and defend after service of summons by publica-
tion, 127.

may be arrested in actions for usurping office, 431.

when entitled to notice of the settlement of the judgment, 303 n.

death of, after judgment, effect of, 321 n.

in person, must endorse name and residence on papers, 461.

may require security for costs, 338 n.

may move to consolidate, 186 n.

See Absent defendant, Co-defendant, Dismissal of complaint, Parties

to action.

DEFENCES, any number may be interposed, 166.

must they be consistent? 166 n.

to be separately stated and numbered, 487.

after judgment, 257.

in proceeding against joint debtors, 388.
arising after answer, or issue, 199, 200.
See Answer.

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