Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

Reference.

appointment of time and place for
hearing, 403

cannot enforce production of books, 403
but should certify to court that pro-
duction is necessary, 403
effect of their certificate, 403
motion to court thereon, 403
plaintiff may submit to a nonsuit, 405
course in event of plaintiff's neglect
to proceed, 405
report of referees, 406

reference of " cause," embraces all
issues therein, 407

form of report prescribed, 407
may be amended, 408

effect of, on whole issue, same as that
of verdict, 408

entry of judgment on, (see Judgment,)

408

interlocutory report of facts, must be
confirmed before action taken, 408
proceedings for confirmation, 409
effect of interlocutory report, that of
special verdict, 409
how reviewable, 409

in superior court, special report of
facts to be obtained, in order to re-
view, 410

course on order to review when grant-
ed, 410

to report facts, in real estate and equity
cases, 434

consequential reference after judg
ment, 476

where long account involved, 476
in foreclosure, 476

in divorce, 477

in partition, 478

under proceedings supplementary to
execution, 522

course of proceeding on, 522

[blocks in formation]
[blocks in formation]

of property, 672

discontinuance by plaintiff, on what
terms allowed, 672

course of defendant, when entitled to
move for dismissal, 672

Reply.
generally considered, 287
semble, only necessary where counter-
claim pleaded, 287

not necessary under former Code,
where new matter not alleged, 291
must make complete traverse of de-
fendant's case, 293
demurrer to, 294

consequence of omission to traverse
defence, defendant may move for
judgment, 295

entry of judgment thereon, 461
defendant may amend his answer on
receipt of, 296

issue joined on service of, but subject
to defendant's right to amend, 297
to answer of joint debtor on subsequent
proceedings, 494

Report.

of referees, (see Referees.)
Respondent. (See Appeals.)
Retrospective effect of Code.
embraces all future proceedings in
prior cases, under last amendments,

724

otherwise under Codes of 1848 & 1849,
728

supplemental act in relation to, 728
analysis of, and of cases decided under
it, 728 to 737

Return.

of defective pleading, (see Pleading.)

[blocks in formation]

of summons, 100

of summons by publication, 102

entry of judgment, grounded on, 459
of summons, proof of, 108
of notices, 119

various forms of, 120
on Sunday, irregular, 121
by mail, 122

irregularities in, cured, if paper re-
tained, 124

of notice of appeal from justices'
courts, 586

substituted, where justice dead or
absent, 537

of notice of appeal from courts of
higher jurisdiction, 546

of copy undertaking, 552

of case on appeal, 563

if neglected, respondent may move to
dismiss, 563

Set-off. (See Answer.)

entry of judgment upon, when exceed-
ing plaintiff's demand, 469

Sheriff.

duties of, generally defined, 7
liabilities of, 8

service of summons by, 108
mode of levy by, 503
payment to, 504
responsibility of, 511
how enforced, 511

death of escaped debtor does not dis-
charge, 511

cannot avail himself of irregularities
in process, 512

fees of, 512, 628

[blocks in formation]

powers in relation to seizure, 669
duties of, under attachment, 697
course of, after recovery of judgment
in attachment cases, 701

return of warrant by, 703
fees thereon, 703
Sheriff's Jury.

assessment by, 479, 458

Slander, (see Complaint-Answer.)

Special Proceedings.

reservation of, in certain
classification of, 711

cases, 710

list of, as saved as above, 712 to 717
in relation to real property, adoptable
at defendant's election, 717
former law in relation to, saved, 717
in partition cases, 719

for admeasurement of dower, 722
to compel determination of claims as
to real property, 722

for summary recovery of possession of
land, 723

for foreclosure by advertisement, 723
Special Term.

jurisdiction defined, 20
Special Verdict.

definition of, 392

nature and effect of, 392

controls general verdict, 393
preparation of, 427, 432′
hearing, 433

decision and course thereon, 433
Statement.

upon confession of judgment, 90
Statute.

of limitations, (see Limitations.)
Stay of Proceedings.

generally considered, 135

where several suits against one de-
fendant, 236

on motion for new trial, 412

on filing bill of exceptions, 428
Stipulation.

verbal one, on which judgment entered,
will be enforced, 475
Subpoena. (see Trial.)
Subscription.

of pleading, (see Pleading.)

payment to, by third party, indebted Summons.

to judgment debtor, 529

course of, on arrest under order, 653
duties and responsibilities thereon,

653

proceedings of, on bail put in, 659
on receipt of plaintiff's notice of ex-
ception, 659

liability of, if sureties fail to justify,

660

deposit with by defendant, in lieu of
bail given, 663

nature, form, and requisites of 98
subscription of, 95

for money demand, 96
for relief, 96
amendment of, 97
service of, 99
by sheriff, 100

by other person, 100
by publication, 102

summons to joint debtor to show
cause, &c., 493

Summons.

summons to heirs, devisees, &c., of
deceased judgment debtor, 493
affidavit to accompany same, 493
proof of service. (v. Service.)
Superior Court.

jurisdiction of, defined, 32

power of supreme court to remove
causes from, 33

temporary power of, for hearing
causes before supreme court, 36
course in, on motion to review refe-
rees' report, 410

course of procedure in, on motion for
new trial on case, 423

practice in relation to security on in-
junction, 683

Supplemental.

pleading, (see Pleading.)
proceedings, (see Execution.)
act, (see Retrospective Effect.)
Supreme Court.

jurisdiction of, generally defined, 19
appointment of terms of, 23
list of terms appointed, 738 •
rules of, noticed, 24

power to remove causes from New
York tribunals, 33

appeals to, from inferior court, 575
Sureties. (see undertaking.)
Surrogate's Court.

appeals from noticed, 576

[blocks in formation]

Trial.

preparations for, 344

enforcement of attendance of wit-

nesses on, 344

by habeas corpus ad testificandum,
345

by subpoena, 345

production of documents upon, by
means of subpoena duces tecum, 345
by notice to produce, 345
preparation of papers for court, 345
postponement of, 346, 347
costs payable on, 616
general definition of, 375
different modes of, 376
separate, 377

of issue of law, (see Issue of Law.)
of cause by default, (see Default.)
of cause on inquest, (see Inquest.)
by jury, when and how may be waiv
ed, 396

former law as to jurors &c., substitut-
ing, 385

so also as to general conduct of trial,

386

amendments upon trial, 387

when and how far allowed, or the re-
verse, 388

power of court to direct reference on,

391

nonsuit, former practice unaltered, 391
provisions of code as to verdict, 392
(see Verdict.)

assessment of defendant's damages for
excess, 393

of value of property in replevin, 395
by court, proper form in equitable
causes, 396

on failure to appear, 381, 383, 396
by written consent, 396

by oral consent 396
course of proceedings on, 397
decision on, 397
effect of, 398

by referees, (see Reference.)
postponement of, 406
new, (see New Trial.)

Undertaking.

on discontinuance of suit in justice's
court, on ground of title in ques
tion, 40

general requisites to their validity,

127

on appeal from justice's court, 537
different undertakings required on ap
peals to courts of higher jurisdiction,
547, 550

may be in one instrument or several,
551

affidavit of sureties upon, 551
disposal of, 551

must be acknowledged as deeds, 552

[blocks in formation]
« ΠροηγούμενηΣυνέχεια »