THE PRACTICE AT LAW, IN EQUITY, AND IN SPECIAL PROCEEDINGS, IN ALL THE COURTS OF RECORD IN THE STATE OF WITH APPROPRIATE FORMS. BY WILLIAM WAIT, COUNSELOR AT LAW. VOLUME III. ALBANY: LAW BOOKSELLERS AND PUBLISHERS. 1874. Entered, according to act of Congress, in the year eighteen hundred and seventy-four, BY WILLIAM WAIT, In the office of the Librarian of Congress, at Washington. WEED, PARSONS AND COMPANY, PRINTERS AND STEREOTYPERS, ALBANY, N. Y. PREFATORY NOTE. THIS Volume continues the work down to the entry of judgment. The matters which remain to be discussed are the enforcement of judgments by execution or otherwise; the review by appeal; the practice in some incidental proceedings; the subject of special proceedings and actions, and surrogate's practice. A brief examination of the three volumes now published will show the great number and variety of points and principles which must be considered, and will also show how concisely this may be done. But it is to be remembered that an attempt is here made to give the entire practice at law, in equity and in special proceedings. No other single work professes to cover so wide a field; and yet, in presenting the various points, the utmost conciseness has been studied, so får as was practicable with the details of the practice, as distinguished from a mere outline or summary of the practice. In point of expense, or in the saving of labor in examination of questions, it will be well to notice that this work gives the principles that will usually be sought for in the following works: Tillinghast & Shearman, 2; Whittaker, 2; Tiffany & Smith, 3; Van Santvoord's Eq., 2; Burrill, 3; Barbour's Ch., 2; Hoffman's Ch., 3; Graham, 1; Thompson's Prov. Rem., 1; Hoffman's Prov. Rem., 1; Riddle's Supp. Prac., 1; Crary's Special Proc., 2; Abbott's Forms, 2; McCall's Forms, 1; Dayton's Surr., 1; Willard's Exrs., 1. This list does not include Annotated Codes, nor the Revised Statutes, nor the various English works on practice, nor those of the several States of the Union. The most important point to be mentioned is, that nearly all the works named are several years behind the authorities, while this work is made up from the late decisions so far as they relate to points of practice. All the other works have been examined, and some of them have been found useful, in the way of suggestion, |