order to annex case to, 429 c. on submission of controversy with- out action, 588.
on confession of judgment without action, 597.
on appeals to court of appeals, 18. on appeal to supreme court, 549. on appeal to general term, 553 i. on appeal to common pleas, 573, 582.
roll, appeal upon alone, 552 h. amendment of, 271 j. irregular, setting aside, 433 b, 592 g, 596 d, 532 d, 712, 713. standing as security, 434 c.
after appeal to court of appeals, 539, 527.
Judicial notice, matters judicially no- ticed need not be alleged, 161 e. Jurisdiction of courts, generally, 13, 13 b.
of court of appeals, 15. of supreme court, 20 a.
of circuit courts, 21 c.
of oyer and terminer, 20.
of county court, 28.
of superior court, 33. of N. Y. common pleas, 33. of justices' courts, 38.
of marine court, New York, 571 c. courts acquire, from time of service
of summons, or allowance of provisional remedy, 143, 331 c. of courts continued, 13. when and how it must be alleged, 251.
demurrer to complaint for not stating, 206 b.
costs where court has not, 483 b. 491 h.
Justice. See Courts of justice, Judge, Justice of the peace.
when, cannot act, 44 d. death of, 569, 572.
out of office, 572.
fees to, for return, 585, 570. examination of as a witness, 63 a. Justices' courts of New York city, 67. of Buffalo, appeals from, 562 b. of cities, jurisdiction of, 67 b. general provisions as to, 68. appeal to court of appeals, 15. transcript of judgment of, 68, 69. transfer from, to common pleas, 562 a.
appeals from, to common pleas, or county court, 562. when judgment of, deemed judg- ment of N.Y.common pleas,69. supplementary proceedings on judgment of, 464 ƒ.
Justices of the peace, courts of, existing provisions of law as to, abol- ished, 38.
jurisdiction of, 38, 42, 43. disability of, 44 d.
long summons, 44 e. form of summons, 45 b. short summons, 45 e. attachment, 45 h. warrant, 47 b.
service of summons, 47 c. return of service, 47 d. appearance, 48.
calling action, 49 a.
discontinuance of action by non-
appearance, 49 b.
defendant appearing pending the trial, 49 c.
infant defendant, 49 d.
adjournment, 49 e.
security on adjournment, 51 c. adjourning court, 51 d.
answer of title in, 51.
as to part, 56.
transfer to supreme court, 56. rules in, 57.
pleadings, 57.
complaint, 57, 59 a. demurrer, 57, 60 a. answer, 57, 60 c. construction, 61 ƒ.
Justices of the peace, courts of-cont'd. | Justification-continued.
offer to allow judgment, 59. provisions of code respecting forms of action, parties to actions, rules of evidence, times of commencing actions, and service of process upon corporation, apply to, 59. plaintiff required to prove his case in, 62 c. taking inquest, 62 d. venire, 62 g.
waiver of jury, 62 e.
justice required as witness, 63 a. objections to jury, 63 b. examination of witnesses, 63 f. nonsuit, 64 d. charging jury, 64 e. deliberation of jury, 64 ƒ. verdict, 64 h. damages, 65 a.
disagreement of jury, 65 b. judgment, 65 c. costs and fees, 66 i. execution, 67 a.
renewal of execution, 67 b. satisfaction of judgment, 67 c. compelling execution, 67 d. amending return to execution, 67 e.
of bail, when complete, 299 b. of sureties, 696, 546.
necessary in all cases, 696. See Sureties.
of sureties for costs, 486 f.
county first subdivision of section 30 of the code not to apply to, 30.
lis pendens in, 698 a. printing calendars, 698 a. See Second judicial district.
Knowledge, when to be alleged in pleading, 197 e. denial of, 212 e.
Landlord, defending ejectment a- gainst his tenant, is liable for the costs, 517 c.
and tenant, effect of relation of,
on time for commencing action to recover real property, 78. proceedings, not an action, 10 b. appeal from to county court, 31 a.
in district courts, New York, 67.
presumption that relation con- tinues, 78.
admitting to defend, 115 a. interpleader by, 116.
counter-claim in action between,
Land, trespass on, provisions of re- vised statutes retained, 680. summary proceedings to recover possession, 31 a.
patent for, how proved, 647 d. See Indian lands, State lands, Real property.
Laws of other States and govern- ments, how proved, 646. inconsistent with code repealed,
relating to court of appeals, and commission of appeals, 768. relating to supreme court and the election of a judge of the court of common pleas for the city and county of New York, 770. to regulate proceedings against corporations by injunction, and otherwise, 775.
Leasehold, sale of, on execution, 452 h.
Leave and license, defense of, 219 a, 526.
to sue, when to be alleged, 154 b.
Legacies, parties to actions to re- cover, 105 e.
Legal and equitable relief may be de- manded in the same action, 201 d, 257 b, 668 d, 425 a. Legal notices, time for publication of, how computed, 646. Legatees, proceedings by and against, not affected by the code, 680. See Joint debtors, &c. Legitimacy of children, how question- ed in actions for divorce, 749. Letters patent, action to vacate, 653. Letters private, injunction to restrain publication of, 318 i.
cannot be levied upon by attach- ment, 339 b.
Letters rogatory, 622 d. Levy. See Execution. Liability created by statute, within what time to be sued upon, 80. Libel, actions for, cannot be brought in justices' courts, 42.
must be brought within two years, 82.
parties to action for, 100 b, 103 ƒ. arrest in action for, 283 e. no injunction to restrain publica- tion of, 320 v.
complaint in action for, 183 e.
answer in action for, 253. justification on ground of truth, how pleaded, 254 a. what are mitigating circumstan- ces, 255 a.
pleading mitigating circumstan- ces, 254 f.
mitigating circumstances, no de- murrer to, 254 f. costs, 479 i, 487.
transfer of actions for to marine court, 561 c.
Liberties. See Jail liberties. License, answer of, 219 a, 52 b. Lien, effect of order in proceedings supplementary to execution as, 466 b.
of innkeepers, &c., 15 d.
by judgment on real estate, 56, 68, 69 b, 430, 431.
See Tenant for life, Curtesy, Dower.
Lights, for courts, supervisors to fur- nish, 28.
Limitations in causes of action, prior to July, 1848, 74 d,e.
when the court will restrain the defendant from interposing the defense of, 360 c, 269 a.
defense of, must be set up in an- swer, 74, 221 c, 204 c. revival of debt barred by, 87. statute of, of other States, 74 c. of defense of counter-claim, 227 c. of actions, repeal of existing limi- tations, 72.
when action deemed commenc-
by execution on personal proper-Loan ty, 448 f.
by attachment, 331 a.
by referee for his fees, 414 d.
by attorney for his fees, 459 b, 480 e, 663 f.
costs in actions to enforce, 491 a.
what to contain, 129.
in foreclosure suits, 129, 131 a. when constructive notice, 129. court may order it to be removed from the files, 129.
to be recorded, 130 b.
commissioners, complaint by, 153 b.
Lockport and Niagara Falls Railroad, jurisdiction of county court as to 31 a. Long account, what is a, 403 a. Long summons,44 e.
action against, 98 b.
judicially declared such, cannot be sued except by leave of the court, 133 a.
service of summons on, 133 a. discharge of, from arrest, 284 b. custody and disposition of estate of, provision of revised statutes as to, not affected by the code, 680.
committee of, payment of costs by, 743.
actions by and against, 98 b. confession of judgment by, 592 e. See Commission of Lunacy.
Mail, service of papers by, 640, 641 time of service by, 641. party to whom paper sent takes the risk of the failure of the, 640ƒ. giving notice by, what is, 641 h. sheriff may return process by, 545 e Malicious prosecution, complaint for, 186 c.
action for, cannot be brought in justices' courts, 42
costs in actions for, 479 i, 487. Managing agent of a corporation, who
service of summons on, 132 a. Mandamus, an action, 10 a.
proceedings on, not affected by
the second part of the code, 679. on return to, rule to plead may be entered, 721.
appeal from judgment on, 532 b. verdict on, 386 b.
sections 169 to 177 of code relating to amendments applied to, 679. no limitation of time, within which to issue, 73 ƒ, 721 b.
costs in, 721. Manifest injustice, new trial in jus- tice's court to prevent, 580 c.
Manufacturing companies,
against, parties to, 98 a.
Marine court, of New York city, trans- fer of actions to, 561 c. action on judgment of, 71 a. judgment of, may be reviewed in New York common pleas, 564, 561 a, b.
may issue commission, 614 h. execution against the person on judgment of, 441 c.
supplementary proceedings on re- turn of execution out of, 463 g. jurisdiction of, 561 c.
costs on appeal in, 586 g. regularity of judgment of, will not be reviewed by New York common pleas on motion, 561 a appeal to court of appeals in ac tion commenced in, 16.
supreme court rules apply to, 693 d.
Marriage, breach of promise of, form of summons in action for, 127 h. complaint for, 187 a, 201 c. female cannot be arrested in action for breach of promise of, 289 h. not to abate action, 109.
action to declare void, 743. See Divorce.
Married woman, parties to action by and against, 100. costs against, 482 j.
need not prosecute or defend by guardian or next friend, 114. complaint to charge separate es- tate of, 187 d. domicil of, 118 e. complaint by, 189 e. answer by, 204 d.
confession of judgment by, 592 b. may be a witness for or against her husband, 613 a.
action to charge separate estate of, 43 e, 424 d, 119.
statute of limitation runs against, 85 a. assignment by, 91 c.
judgment against, 419, 424 d. execution against, 438, 439 c.
the person of, 440 d.
levy on property of, for debt of husband, 449 b, 448 j. supplementary proceedings gainst, 463 b, 472 c.
when liable for necessaries, 100 c.
trustees of, time of limitation, in Marshal, supplementary proceedings
action to charge, 81 i.
in Herkimer county, 194 g.
Marine, service of process on, 136 b.
on return of execution by, 463 g.
Material allegation, what is, 260 a. if not denied, deemed admitted, 259.
Material variance, what is, 261, 262 g. | Mistake, the court may at any time
Mayor, &c., of New York, appeal by,
from marine court or justices' judgment, 565 a. actions against, 14 b.
allegations in complaint against, 192 b.
judgment against, 362 a. execution against, 434 d. costs against, 15, 479 b.
See Municipal corporation, City authorities.
Mayor's court, proceedings in, may be transferred to county court, 33. jurisdiction of, 33.
appeal from, to supreme court,
Mechanics' lien law.
See Lien Law. lien, complaint to foreclose, 178 d. appeal from justices' judgment in proceedings on, 31 a.
lien on chattels, 15 d. Mercantile factor, trustee of express trust, 98 d.
Merger of right to prosecute criminal- ly, civil action is not, 11. Merits, affidavit of, when necessary, 373 c, 724.
requisites of, 374 d.
service and filing of, 375 a, b. order involving, what is, 535 a, 558 e.
Mesne profits. See Ejectment. Metropolitan police act, when parties holding office under, cannot be arrested, 278 a.
when parties holding office under,
cannot be subpœnaed, 614 b. Mexico, republic of, actions by, 99 ƒ. Mileage to witnesses, 505 d.
Minister of the gospel, not allowed to testify to certain matters, 613 g.
Minor, service of summons on, 131. See Infant.
Minutes, special verdict or finding to
be entered on, 385.
verdict to be entered on, 389. motion for new trial founded on, 389.
entry on, of filing mortgage with the clerk, 737.
Misjoinder of parties, remedy for, 207 a. Misnomer, in summons, 125 b. in complaint, 149 e.
See Fictitious name. Misrepresentation. See False.
Missionary societies, sale or lease of real property of, 21.
order an amendment by correct. ing a mistake in the name of a party, or a mistake in any other respect, 273.
court may relieve a party from a judgment order, or other pro. ceeding taken against him through his mistake, inadvert- ence, surprise, or excusable neg- lect, 273, 580 c.
of officer of the court, party, when not to suffer by, 262 e. See Amendment, Variance. Mitigating circumstances, pleading in action for libel, &c., 254 ƒ. in other cases, 216 b. what are, 255 a.
cannot be demurred to, 254 ƒ. Moneyed corporations, time of limita- tion not applicable to actions against, 86.
injunction to restrain misapplica- tion of funds by, 318 j. proceedings to dissolve, 10 a. Money paid, action for, 109 a. Money, order for payment of, 741. ordered to be repaid, interest on, 503 b.
of infants, when to be paid to guardian, 728. levy on, 449 a.
brought into court, to whom paid, 740.
is at the risk of depositor, 300 b. account of, how kept, 741. of unknown owners, proceedings on claim of, 753. had and received, complaint for, 189 f.
lent, complaint for, 191 a. paid, complaint for, 109 a, 191 b. lost by gaming, 191 c.
See Surplus moneys.
Mortgage cases, court need not be fur- nished with copy pleadings in, when plaintiff's right not con- tested, 714.
answer, 730 g.
counter-claim in, 229 b. receiver in, 351 k.
reference to report amount due in,
absent defendants and infants in, 729.
application for judgment in, to be at special term, 729. referee's report to be confirmed before judgment entered on, 729.
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