INDEX. [The reference is to the page. The letters following the figures refer to Acknowledgment of debt, when it when to take effect, 837. extended to suits on forfeited re- rules and practice consistent with, all statutes inconsistent with, re- cases not provided for in, 832. Action, defined, 18. what is, and what is not, 18 a, b. abatement of, 133. consolidating, 335 c. discontinuing in justice's court, on after discontinuance, on answer of Action-continued. on judgment, 85, 86, 80 b, c, 96. on undertaking, 242 k, 409 f, 419 i, when deemed commenced, 100, proof of commencement of, 100 a. title of, not changed on appeal, 639.| kinds of, 19. criminal action defined, 19. and suit, distinction between, abol- limitation of, time for commenc- cause of, when it accrues, 88, note, continuance of, 138 d. severance of, 345, 462 b, 506, 509. by attorney-general, 460 c. 722. See, Cause of action, Civil action, Existing suits, Thing in action. Adjoining towns, what are, 55. preme court, circuits, and oyer of hearing before referees, 497 d. in justices' courts, 62. Adjustment of costs, by the clerk, 613. notice of, 613, 614 a. what a sufficient notice, 614 d. Adjustment of costs-continued. what are allowed as disburse- in court of appeals, 660 a. complaint for, 827 g. Revised Statutes as to, not re- See, Ejectment for dower. Admiralty causes, superior court of service of summons, 175, 176 c. by assignor of thing in action, 116 d. in answer of part of plaintiff's in pleading, 304 ƒ, 338 b. by not answering or replying, Adultery, issues on question of, how Adverse claims to real estate, costs in examination of, to same matter, of sale of real estate on execution, execution creditor not liable for foreclosure by, not affected by the See, Publication. Advice of counsel, how sworn to, 857, Affidavit, title of, 785. to be filed, 783, 774 a, c, 851. 774 a. Affidavit-continued. copy to be served with orders en- of advice of counsel, 461 e, 857. of service of summons, 175, 176 b, concerning venue, 879, 149 b. of disbursements, 613. on motion to vacate order of ar- rest, 386. for order for publication, 171. folios of, to be numbered and copy of, to include jurat and sig- proof of service, where party serv- ing is dead or insane, 787 f. in court of appeals, 27. on equal division of court, effect by default in court of appeals, 844. on appeal from justice's court, Affirmative relief, to defendant, 476, on motion, 774 d. answer need not contain a prayer Agent, acts of, how alleged, 201 d. when liable to arrest, 363, 368 c. See Managing agent. Aggravation, matter in, how pleaded, Agreements, as to proceedings in a Albany, general terms at, 33 a. penitentiary, action against super- Alien, naturalization of in county may claim by adverse possession, Alien enemy, time of limitation does amount of, 864 c, f. Allegations in pleading, when deemed material, what are, 337 c. when deemed to be controverted, Allowance, under 308th section, 607. when has " a trial been had," what are difficult and extraordi- costs on motion for, 612 d. of bail, 383. relief, cannot be demanded, 253. takes the place of the pleading Amendment of complaint, time to Amendments, the provisions of the the whole matter of, is in the dis- of summons, 155 a, 350 c. of attachments, 350 e. of undertaking, 351 a. of referee's report, 500 f of variances, 340. See Variance. of complaint, 263. of course, 344. in what cases, 344, 346 a. after decision on demurrer, 348 b. by order, 349. what court may order, 349 b. at the trial, 351 e. after the trial, 352 d. Amendments-by order-continued. of the demand of relief in the on appeal, 354 b, 640, 641 a. to admit defence of usury, 350 b. ordered, 354 f. by dividing one action into sev- by adding counter-claim, 293 e. of attachment, 420 b. effect of, on order of reference, of judgment of affirmance, 712 a. is a waiver of a default previously of affidavits, 339 d. on application for judgment on on payment of costs, 606 d. on a motion, of a proceeding ob- after notice of appeal of any omis- in justice's court, 74 l. order for payment of, is appealable relief not to exceed, 512. complaint to agree with summons |Answer-continued. statute of limitation must be set up by, 90. time to answer, 255. cannot be treated as a nullity, 256 f. extending time to answer, 255. service of, after time to answer has and demurrer, 256 e, 298. need not be a defence to all com- general denial, 268 a. denial of any knowledge or infor- form of, 269 c. denial on information and belief, should be in the disjunctive, .should not be in the alternative, 270 e. of part of a cause of action, of one of several causes of ac- what may be denied, 271 b. in confession and avoidance, mitigating circumstances, 278 b. of action pending, 279 a. of leave and license, 281 f. of justification under justice's war- of matter occurring pending the of non-joinder of party defendant, |