New York common pleas to re-
mit, 35 d.
arrest in action for, 281.
See Forfeiture, penalty.
Fire company, action by, 103 ƒ.
Firm. See Partnership.
First judicial district, proceedings
commenced before one judge
in, may be continued before
another, 27.
motions in, 628, 629 h, 636 a.
mortgage or sale by religious cor-
poration, 755.
sale of lands in, 736.
See Superior court, Common pleas.
Fisheries, jurisdiction of county court
as to, 30.
Folios of case in court of appeals, to
be numbered and printed on
margin, 685.
the like in supreme court, 702.
of pleadings, &c., to be marked,
702.
Forcible entry, costs in proceedings,
483 c.
Foreclosure, of mechanic's lien, com-
plaint for, 178 d.
of lien on chattels, 15 d.
of mortgage, county court has
jurisdiction of, 29, 30 a.
parties to actions for, 105 g, 256.
publication of summons in, 135.
appointment of guardian for in-
fant defendant, 102.
place of trial of, 117 b.
complaint for, 178 c.
answer in, 730 g.
Foreclosure continued.
counter-claim in, 229 b, c.
discontinuance of action for, 520 g.
death of parties, 110 d,k.
when it does not abate, 110 d.
court may order payment of de-
ficiency, 256.
allowance in addition to costs in
actions for, 499.
notice of lis pendens in actions for,
129, 131 a, 730 e, 698 a.
reference in, 731 a.
decree in, 731 b.
referee's report of amount due
must be confirmed before
judgment can be entered, 728,
734.
staying sale on, 740.
by advertisement, not affected by
the code, 681.
See Mortgage cases.
Foreign consul. See Consul.
Foreign corporation, action against, in
what court and by whom it
may be brought, 34 b,
647.
is a proceeding against property
only, 648.
can only be brought where the
cause of action arose, or the
corporation has property, with-
in this State, 648ƒ.
receiver of, 34 b.
is a person out of the State, and
statute of limitation does not
run against, 84 d.
residence of, 118 d.
incorporation of, how proved,
647 6.
statute of limitations does not ap-
ply to actions against, 74 b.
appearance of in justice's court
confers jurisdiction, 43 a.
service of summons on, 131.
by publication, 134.
to appoint a person on whom ser-
vice to be made, 132 b.
who is a managing agent of, 132 a.
attachment against the property
of, 329, 330 c.
may sue another foreign corpora-
tion, 648.
must give security for costs, 485 c.
complaint in suit by, 172 h.
pleadings in actions by or against,
cannot have the benefit of the
statute of limitations, 74 b.
See Corporation.
Foreign judgment, how pleaded, 251 b. | Fraud-continued.
records, how proved, 647.
laws, how proved, 646.
how pleaded, 178 e.
Foreign factor, action against, 190 c.
See Factor.
Foreign government, parties to ac-
tions by or against, 99 g, f.
assignment of claim against, 92 a.
jurisdiction of actions by and
against, 13 b.
to give security for costs, 485 b.
railroad corporation, action
against, 13 b.
state, action by, 13 b, 14 a.
contracts, actions on, 13 b.
insurance company, 13 b.
Foreign laws, enforcing, 14 a.
how proved, 646.
Foreign receiver, action by, 99 e.
Forfeited recognizances, power
county court to remit, 30.
costs of proceeding on, in New
York city, 480 d.
power of New York common
pleas as to, 35 d, e.
code applied to, 11 b.
provisions of revised statutes not
repealed, 681 b.
See Recognizances.
Forfeiture, action for, within what
time to be commenced, 82.
provisions of revised statutes not
repealed, 681 b.
judgment of, against corporation,
656.
to people, actions for, 657.
Form of action, abolished, 70.
of pleading, abolished, 144.
of summons, 124, 126, 128 a.
of complaint, 148.
of answer, 211.
verification, 239.
order of arrest, 292.
execution, 443.
Forma pauperis. See Poor person.
Former practice, when it may be
adopted, 678, 751.
inconsistent with the code abro-
gated, 678.
time of limitation in actions for
relief on the ground of, pre-
scribed, 80, 81 g.
in service of process, 134 d.
how alleged in pleading, 179 a.
complaint to rescind contract on
ground of, 179 b.
defense of, 220 c.
arrest when defendant has been
guilty of, 288 d.
assignment of claim of damages
for, 92 h.
parties to action to set aside, 104 d.
Fraudulent representations, assign-
ment of right of action for,
92 g.
Freight, action for, 90 d.
Frivolous appeal, an appeal cannot
be heard out of its order, on
the ground that it is frivo-
lous, 552 f.
Frivolous demurrer, answer or reply,
party prejudiced by, may
move for judgment on, 362.
what is a frivolous pleading,
362 b.
answers adjudged to be frivolous,
362 c.
answers adjudged not to be friv-
olous, 363 a.
frivolous demurrer, 364 a.
motion for judgment on, 364 b.
costs on such motion, 365 e.
decision on, 365 c.
appeal from order for judgment
on frivolous pleading, 365 g,
551 a.
Fuel, for courts, supervisors to furnish,
Fulton and Hamilton, when consider-
ed one county, 25.
Further account may be ordered, 242.
Former recovery when not a bar, Further time. See Enlarging time.
Future advances, confession for, 591.
Future debt, assignment of, 92 b.
Gaming, assignment of right of action
arising from, 92 f.
complaint for money lost by,
191 c.
and special term, number of coun-
sel on hearing at, 722.
distinction between powers of
court at, 25 a.
term, appeal to, 550.
ordering exceptions to be heard
at, 384 b.
finding of facts at, 401 d, 399.
judgment at, 399, 401 c.
terms of supreme court, number of,
annually, 24.
judgment, how given at, 24.
extraordinary, 25.
existing provisions of law as to,
repealed, 20.
in superior court, 756.
inability of judge to sit at, 27.
exceptions heard at, in first in-
stance, 390, 394 g.
of the superior court. See Supe-
rior court.
of New York common pleas. See
Common pleas.
verdict, 384. See Verdict.
see act relating to supreme court,
Goods sold, summons in action for,
126 d.
complaint to recover price of, 179
c, d.
counter-claim in action for, 229 e.
answer in action for, 218 f.
limitation of action for taking,
&c., 80.
See Personal Property.
Governor to appoint terms, 26, 770.
Grand trunk. See Great Western.
Grantee of the people, limitation of
action by, 75.
of real estate, action by where
grant void, 88.
Great Western railroad of Canada,
proceedings against, 649 h.
Grounds of action or defense, charging
on trial, 381 f.
Guardian ad litem, for infant, when
necessary, 101.
who appointed, 102 a.
Guardiau—continued.
rights and duties of, 102 a.
complaint by, 152 b.
appointment of, 100.
of married woman, not necessary,
100.
in partition suits, 103 c, 660.
attorney may subscribe pleadings
for, 238 a.
may verify pleadings, 240 c.
to continue in court of appeals,
684.
accountability of, 644.
not to receive the property of an
infant until he has given secu-
rity to account, 644, 724.
officers of the courts to act as, 724.
not a party to the action, 88 b.
for lunatic, idiot, &c., 101 c.
liable for costs, 509.
duties and compensation of, 724.
who not to be appointed, 724.
may be surety, on claim and de-
livery, 308 b.
to give security for costs, 483 d.
on appeal, 101 e.
See General guardian, Special
guardian.
Guarantee, assignment of claim on,
92 f.
Habeas corpus, proceedings on, not
affected by code, 680.
discharge from arrest on, 442 c.
discharge of persons detained by
United States, 14 a.
to remove proceedings, 35 g.
power of judge on, 28.
Habitual drunkard, county court has
jurisdiction of, and of the es-
tate of, 29, 31 e.
other powers of county court as
to, 30.
parties to actions by and against,
98 b.
when he may sue without a next
friend, 98 b.
service of summons on, 131, 133 a.
when cannot be sued unless by
leave of the court, 98 b.
complaint against committee of,
154 a.
provisions of revised statutes as to,
not affected by the code, 680.
Hamilton and Fulton, when consid-
ered one county, 25.
publication of notices in, 415 f.
Harbor masters, action by, for an ac-
count, 103 g.
Hearing on appeal from order, 559 ƒ.
See Trial.
Heirs, suits by and against not affected
by code, 680.
of deceased judgment debtor, pro-
ceedings against, 588.
are not joint debtors, 140 b.
parties to actions against, 104 ƒ.
complaint against, 181 b.
See Joint debtors, &c.
See Commissioners of
Highways, Railroads, Turn-
pike roads.
Holder and owner, allegation of being,
163 f.
Homestead, exemption of from execu-
tion, 456 e.
Householder, who is, 294 b, 458 a.
Husband and wife, when they should
join or be joined as parties,
100.
waiver of improper joinder of,
210 b.
service of summons on, 134 e.
security for costs in actions by,
when wife is an infant, 485 a.
order of arrest in action against,
289 h.
judgment in action against, 189a,
360 g, 420 a, 421 a.
execution against, 436 e.
as witness for or against each
other, 613 a.
actions by wife against, 100 b.
See Divorce, Married woman, Wife,
Widow.
Idiot, action by, and against, 101 c,
98 b.
custody and disposition of estate
of, provisions of revised stat-
utes concerning, not affected by
the code, 680.
service of summons on, 133 a.
Immaterial variance, 263 a, 264.
See Irrelevant, Variance.
Imprisoned debtors-continued.
proceedings against, 89 a.
provisions of revised statutes as
to, not affected, 680.
Imprisonment for debt, act as to, not
affected by the code, 278.
warrant under act relating to,
may issue in all cases pre-
scribed thereby, 279 b.
when it stays the statute of limit-
ations, 79, 85.
Improper joinder of causes of action,
demurrer for, 207 e.
Inability of judge, 27, 25 b.
of mayor or recorder's court, 33.
of justice, 44 d.
of county judge to try case, 30,
31 f.
of county court to hear appeal, 722.
See Disability.
Inconsistent statutory provisions re-
pealed, 678.
rules and practice abrogated, 678.
defenses, 230 b.
Indefinite and uncertain pleading, may
be made more definite and
certain by amendment, 246.
what is uncertainty, 247 f
uncertainty is to be remedied by
motion, 250 b.
motion for amendment, 250 f.
Index to case in court of appeals,
when necessary, 685.
of records, clerk to keep, 697.
Indian, no jurisdiction of action
against, 14 a.
Indian annuities not assignable, 93 g.
Indian lands, railroads through, coun-
ty court has jurisdiction of,
30.
nation, party to action by, 99 d.
complaint by, 194 d.
Indorsement on papers, of name and
residence, 698.
of title of cause, &c., 702.
Indorser may recover costs incurred
by him, 510 a.
Impartial trial, change of place of Infancy, costs after defense of, 491 g.
trial to obtain, 119, 123 b.
See Changing place of trial.
Impeaching, witness or deponent, 379k,
Implied matter, need not be alleged,
160 a.
Imprisoned convict, cannot assign debt,
91 f.
Imprisoned debtors, jurisdiction of
county court as to, 30.
discontinuance after a defense of,
521 f, 491 g.
disability of, 79, 85.
Infant, in suits by, defendant is enti-
tled to security for costs, 483 d.
when a party to a contract sued
on must be joined as defendant,
106 a.
plaintiff, costs against, 509.
service of summons on, 131.
Infant-continued.
discontinuance of action against,
491 g, 521 f.
guardian of, liable for costs, 509.
of, may verify the pleadings,
240 c.
attorney may subscribe the plead-
ings as attorney for the guard-
ian, 238 a.
an infant married woman suing
jointly with her husband need
not have a guardian, 101 a.
when an infant defendant may
petition for appointment of a
guardian, 101, 103 a.
sale, mortgage, or other disposi-
tion of real estate of, 29.
specific performance by, 29.
to appear by guardian, 101, 101 a.
guardian for, how appointed, 101.
for, on appeal, 101 e.
judgment against, without ap-
pointment of a guardian, ir-
regular, 101 a.
complaint by, 152 b.
guardian must be appointed be-
fore commencing a suit for the
infant, 101 a.
admission in pleading of, 259,260.
action for partition by, 659 d.
infant feme covert defendant,
660b.
proceeds of sale of real estate of,
to be brought into court, 727.
costs on reference as to sale of
real property of, 727, 728.
guardian of, to give security to
account, 644, 724.
guardian ad litem of, not a party
to the action, 88 b.
statute of limitations does not run
against, 79.
guardian ad litem for, his rights
and duties, 102 a.
proof under answer of, 261 e.
See Infancy.
Inferior court, costs on review of a
decision of, in a special proceed-
ing, 515.
record of, how proved, 647 e.
appeal to supreme court from, 548.
appeal to county court or New
York common pleas from, 561.
Information in nature of quo warranto
abolished, and action substi-
tuted, 650.
denial of any, &c., 212 e.
Informer, parties to action by,
Injunction, motion for not an action,
10 b.
order under section 297 is not,475e.
writ of, abolished, and order sub-
stituted, 312.
may be by the court, or a judge,
or a county judge, 312.
may be at general term, 313 e.
order will not be modified ex
parte, 524 e.
against board of health, 313 b.
against State officers, 317 c.
against municipal corporations,
317 d, 319 g.
to stay proceedings in another
action, 317 e.
to suspend business of corpora-
tion, 15 b, 326.
effect on, of removal of action into
United States courts, or dis-
missal of complaint, 315 e.
in what case granted, 313, 316,
318 e.
grounds for, 314 a.
is not retroactive, 313 c.
continuance of, 317 a.
can only go against party to ac-
tion, 313 b.
to restrain summary proceedings
to recover possession of real
property, 321 ƒ.
to restrain a nuisance, 318 k,
319 b.
to restrain the imposition of a
tax, 320 q.
to restrain use of trade-mark,
317 b.
to restrain transfer of stock,
318 e.
to restrain the exercise of a trade,
319 b.
to restrain a party from giving his
services to another, 321 o.
to restrain publication of private
letters, 318 i.
cases in which it has been refused,
319 r.
by defendant, 314 c.
how served, 314 d.
copy of affidavit to be served
with, 321.
must be obeyed, 315 a.
may be granted at any stage of
the action before judgment,
322 a.
granting of, rests in discretion of
the court, 325 k.
|