ADOPTED, March 29, 20 For the purpose of regulating the review of questions of practice decided by a single judge, the court adopt the following rule Upon the decisions of motions made before a single judge a manbers or at special term, in cases in which no appeal a allowed og sen tion 349 of the code, the Judge may, if he deem the era of sun importance and doubt as to render a review by the general term propen give a certificate thereof, and the party desiring renew mill within six days after the decision of such motion, procure such semicate and serve a copy thereof, with a notice of Learn i ne general term for which the same can be noticed, and therespon ma motion shall be brought on and submitted for review to be shown to the opposite counsel, and then handed to the sout Such certificate shall not operate as a stay of presstings nee such stay of proceedings be expressly ordered. criminal, defined, 13. civil, defined, 13 how commenced, 96. when deemed commenced. ft. 1 when not to abate, 75, 56. a. when to be commenced See. Lenciction. where to be tried. See. Place of tru parties to. See, Pontif. Defender: Pora i tun where no personal cam on defendang, DDL for partition, 319. relating to real property, genere POTE 222 existing provisions relating . 222 222 231 on charter or by-law of corporatum, 22, 23. against bail, 190. time of limitation in. See, Lemitation title of, not altered by appeal, 264 in name of people of State, Sex, Persie of Siste by Attorney General. See. Attorney Gener on a judgment, when allowed, 51. review of special proceedings in esperar opt to be femei See, Foreign corporativas. against foreign corporation, 3.2. in place of scire facias, quo warranto, &e, 3:3 to determine conflicting claims to real property, and for waste anĆ 210sance, 320. for discovery abolished, 292. costs in, 249. ADULTERY, divorce for, 352. when adultery of plaintiff may be set up, 353. ADMINISTRATOR. See, Executor. ADMISSION, of debt. See, New promise. of writing, 290. of service of summons, 110, n. ADVERSE POSSESSION, defined, 61. under written claim, 60. under claim not written, 61. in cases of landlord and tenant, 61. See, Descent cast, Occupation, Possession. ADVICE, of counsel, form of swearing to, 209, 345. copy to be served with order, when, 179, 304. AFFIDAVITS, to be used on motion, 346. to prevent inquest at the circuit, 341, 209. concerning change of place of trial, 347. of service of summons, &c., what to contain, 110, 358. when necessary, to enter default, 346. on motion to change place of trial, 346, 347. in divorce cases, 352. AFFIRMANCE, in court of appeals by default, 338. remitted, stayed after, 339. AGREEMENTS, to be in writing or entered, 346. terms of supreme court at, 23, of sessions at, 30. ALIEN ENEMY, time of limitation in action by or against, 67. ALLOWANCE, for costs, 247, 254. See, Percentage. AMENDMENT, of course, 149. on terms, 152. of variance, 148, 149. of notice of appeal, 155, n, 264. [264. to make proceedings conform to the requirements of the code, 155, of pleading, copy to be served after, 125, 150. ANSWER, when to be put in, 122. what it must contain, 127. number of defences in, 139. and demurrer, when allowed, 125, n., 132. not replied or demurred to, and containing new matter, 135. and offer of compromise, 289, 290. of title in justice's court, 42. in action of libel and slander, 142, 143. to recover possession of property distrained doing damage, 143. further time to, 122, n., 303, 304, n. supplemental, when allowed, 156. amendment of, 149, 152. frivolous judgment on, 203. sham or irrelevant may be struck out, 132. sham, what is, 133, n. false, when it will be struck out, 133, n. founded on written instrument, 142. APPEAL, in general, who may appeal, 264. parties, how designated on, 264. title of cause on, 264. costs on, 253, 254, n, 261, 264, n, 282, 283. from order made out of court, 264. how made, 264. notice of, may be amended, 155, n, 264. APPEAL, in general, certified copy notice of appeal, &c., to be transmitted to appellate court, 265. from a judgment, power of court, 265. from a judgment or order, power of court, 265. to Court of Appeals, in what cases, 16, 17 n, 37, 267. prerequisites of, 267. with stay of execution, 268, 269. effect of on court below, 269. undertakings and sureties on, 270, 271. effect of in certain cases, 271. to Supreme Court from Inferior Court, in what cases, 271. security on, 272. judgment on, 272. to Supreme Court, Superior Court, Court of Common Pleas, city of N. Y. how taken, 273. from order of single judge, 273. order made out of court, 276. to Court of Common Pleas of the City and County of N. Y., or to a County Court, repeal of statutes relating to review of judgments in Justices' Courts, 277. to Common Pleas, when, 278. County Court, when, 278. may be dismissed for want of prosecution, 281. hearing to be on original papers, 281. judgment, how given, 281. costs on, 283. from Surrogate's Court, not affected, 327. when an enumerated motion, 343. when non-enumerated, 344. who to furnish papers in, and what papers, 344. in Superior Court, regulated, 355. when heard, 359. from orders on non-enumerated motions, when heard and how to be noticed, 360. from order granting or refusing new trial, how to be brought on, 360. costs on, 360. in Court of Appeals, what the return must contain, 337. dismissal of, 337, 338. APPEALS, COURT, jurisdiction of, 16, 17, n, 37, 267. power of an appeal, 19. jurisdiction of, when it ceases, 19. causes on calendar, 21. where may be held, 21. adjournment of, 21. See, Remittitur. APPELLANT, defined, 264. to cause the return to be filed in twenty days, 337. to make the case, 337. serve copies, 338. furnish copies for judges, &c, 338. |