Acknowledgment of debt, when it
must be in writing, 104.
effect of, 75, 76.
Act (Code), division of, 19.

when to take effect, 837.
to what to relate, 19.
construction of, 832.

extended to suits on forfeited re-
cognizances, 20 a.

rules and practice consistent with,
retained, 833.

all statutes inconsistent with, re-
pealed, 832.

cases not provided for in, 832.
not to apply to certain statutory
proceedings, nor to manda-
mus, 834.

Action, defined, 18.

what is, and what is not, 18 a, b.
jurisdiction of courts, 22 n.
against Mayor, &c. of N. Y. 23 b.
by grantee of land in name of his
grantor, when allowed, 106.
authority to commence, when to
be produced, 106 c.
provisions of Revised Statutes ap-
plicable to proceedings in, not
repealed, 836.

abatement of, 133.

consolidating, 335 c.

discontinuing in justice's court, on
answer of title, 67.

after discontinuance, on answer of
title, 68.

Action-continued.

on judgment, 85, 86, 80 b, c, 96.
on judgment against joint-stock
companies, 86 f.

on undertaking, 242 k, 409 f, 419 i,
660 j, 673.

when deemed commenced, 100,
161, 153 c, 177 a, b.
how commenced, 153.

proof of commencement of, 100 a.
should not be commenced until
cause of action has accrued,
153, e.

title of, not changed on appeal, 639.|
for discovery abolished, 744.
form of, 85.

kinds of, 19.

criminal action defined, 19.

and suit, distinction between, abol-
ished, 85.

limitation of, time for commenc-
ing, 88.

cause of, when it accrues, 88, note,
89, note.

continuance of, 138 d.
dismissal of, 138 h.
parties to, 85, 105, 746 a.
place of trial of, 143.

severance of, 345, 462 b, 506, 509.
transfer of. See, Transfer.
permission to bring, 191 b.
pending defence of, 279 b, 813, f.
submitting controversy without,
717.

by attorney-general, 460 c.
confession of judgment without,

722.

See, Cause of action, Civil action,

Existing suits, Thing in action.
Actual determination, judgment by
consent is not, 649, c, d.
Additional allowance. See Allowance.
Additional time, how computed, 787.
See, Enlarging time.
Address of plaintiff, when it may be
required, 106, d

Adjoining towns, what are, 55.
Adjournment of court of appeals, 28.
general and special terms of su-

preme court, circuits, and oyer
and terminer, 35.

of hearing before referees, 497 d.
of examination in supplementary
proceedings, 562 c.

in justices' courts, 62.
of mortgage sale, 891
costs on, 619.

Adjustment of costs, by the clerk,

613.

notice of, 613, 614 a.

what a sufficient notice, 614 d.

Adjustment of costs-continued.
effect of omitting notice, 614 f.
power of clerk as to, 614 i.
disbursements, how stated and
verified, 615 d.

what are allowed as disburse-
ments, 615 f.
review of, 617 h.

in court of appeals, 660 a.
by judge at chambers, 618 c.
See, Interlocutory costs.
Admeasurement of dower, in county
court, 39.

complaint for, 827 g.

Revised Statutes as to, not re-
pealed, 835, 836, e.

See, Ejectment for dower.
Administrator, action on bond of, 55.
See Executor.

Admiralty causes, superior court
claims jurisdiction of, 45 a.
Admission of counsel and attorneys
regulated, 849, 911.

of service of summons, 175, 176 c.
of genuineness of paper, when may
be required, &c., 735.

by assignor of thing in action, 116 d.
by wife, 745 e, f, g.

in answer of part of plaintiff's
claim, 432, 439 k.

in pleading, 304 ƒ, 338 b.
by demurring, 257 d.

by not answering or replying,
338 a, 339 b.

Adultery, issues on question of, how
settled, 862.

Adverse claims to real estate, costs in
proceedings on, 608, 609 a.
actions to determine, 205 g, 817.
party, examination of, as a wit-
ness, 683 e, 746, 747.

examination of, to same matter,
when assignor of thing in
action is examined, 959.
possession, what is, 93, 94.
Advertisement, publication of, how
proved, 795 a, 175, 176 b.

of sale of real estate on execution,
540 m.

execution creditor not liable for
cost of, 540 n.

foreclosure by, not affected by the
Code, 836.

See, Publication.

Advice of counsel, how sworn to, 857,
461 e.

Affidavit, title of, 785.

to be filed, 783, 774 a, c, 851.
to be used on a motion, 774 c.
used on a motion to be filed, 687 c,

774 a.

Affidavit-continued.

copy to be served with orders en-
larging time, 783, 783 l.

of advice of counsel, 461 e, 857.
of merits, 461. See Merits.

of service of summons, 175, 176 b,
856.

concerning venue, 879, 149 b.

of disbursements, 613.

on motion to vacate order of ar-

rest, 386.

for order for publication, 171.
for order of arrest, 374.
amendment of, 339 d, 350 d.
using pleadings as, 409 i.

folios of, to be numbered and
marked, 857.

copy of, to include jurat and sig-
nature, 784 a.

proof of service, where party serv-

ing is dead or insane, 787 f.
made out of the State, 310 h.
Affirmance, judgment of, 644 g, 708.
what is not, 661 h.
in part, 644.

in court of appeals, 27.

on equal division of court, effect
of, 28 b.

by default in court of appeals, 844.
notice of, when to be given, 844.
meaning of, 660 j.

on appeal from justice's court,
700 d, 711, 708.

Affirmative relief, to defendant, 476,
506, 509 d.

on motion, 774 d.

answer need not contain a prayer
for, 278 c.

Agent, acts of, how alleged, 201 d.
when he may sue in his own
name, 107 i, 108, 119 b.
complaint by, 190 d.

when liable to arrest, 363, 368 c.
when he may verify a pleading,309e.
form of verification by, 311 c.
accounting as, 745 a.

See Managing agent.

Aggravation, matter in, how pleaded,
204 e.

Agreements, as to proceedings in a
cause, to be in writing or en-
tered on minutes, 854.

Albany, general terms at, 33 a.

penitentiary, action against super-
intendent of, 144 b.

Alien, naturalization of in county
court, 40 b.

may claim by adverse possession,
94 b.

Alien enemy, time of limitation does
not run against, 102.

amount of, 864 c, f.

Allegations in pleading, when deemed
true, 337.

material, what are, 337 c.
how to be made, 201.

when deemed to be controverted,
337.

Allowance, under 308th section, 607.
no motion necessary, 608 a.
in what cases granted, 608 b.
in what cases refused, 608 c.
under 309 th section, 609.

when has " a trial been had,"
610 a.

what are difficult and extraordi-
nary cases, 610 d.
when, where, and to whom the
application for, should be
made, 611 a, 877.

costs on motion for, 612 d.
after trial before a referee, 612 e.
review of order for, 612 g, 680 o,
681 i, 683 l.

of bail, 383.
Alternative, judgment in the, when
allowable, 514.

relief, cannot be demanded, 253.
Amended pleading, what is, 345 h.

takes the place of the pleading
amended, 340 d.

Amendment of complaint, time to
answer after, 263.

Amendments, the provisions of the
revised statutes as to, are not
repealed, 339 6.

the whole matter of, is in the dis-
cretion of the court, 355 f.

of summons, 155 a, 350 c.
of affidavits, 350 d.

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.
within what time, 347 b.
extent of, 348 g.

after decision on demurrer, 348 b.
right to amend of course is not a
stay of proceedings, 345 b.

by order, 349.

what court may order, 349 b.
generally before trial, 349 c.
on motion, 351 c, 392 b.

at the trial, 351 e.

after the trial, 352 d.

Amendments-by order-continued.
from tort to contract .or the
reverse, 349 c, 352 h.

of the demand of relief in the
complaint, 349 c.
of verdict, 352 e, f.
of judgment, 353 c.
judgment roll, 353 g. h.
after judgment, 353 i.

on appeal, 354 b, 640, 641 a.

to admit defence of usury, 350 b.
terms on which amendments are

ordered, 354 f.

by dividing one action into sev-
eral, 345.

by adding counter-claim, 293 e.
unauthorized, 351 d.

of attachment, 420 b.

effect of, on order of reference,
355 a, b, c, d, e.

of judgment of affirmance, 712 a.
motion for, when to be on notice,
772 b, 791 a.

is a waiver of a default previously
taken, 340 c.

of affidavits, 339 d.

on application for judgment on
the ground of the frivolousness
of the answer, 452 c.

on payment of costs, 606 d.
of motion papers, 774 g.

on a motion, of a proceeding ob-
jected to, 351 c.

after notice of appeal of any omis-
sion in perfecting appeal or
staying proceedings, 640,
641 a.

in justice's court, 74 l.
appeal from order granting or de-
nying, 355f, 681 j, k, 682 g, c, w.
in action for partition, 816 c.
in cases of mandanius, 834.
referee may allow, 498 i.
Amount admitted to be due by an-
swer, when order for payment
of, will be made, 432, 439 k.
order for payment of, how enforced,
440 f.

order for payment of, is appealable
to the general term, 440 h.
Amount claimed, may be increased
by amendment, 352 j.
judgment by default not to exceed,
512.

relief not to exceed, 512.

complaint to agree with summons
as to, 193 c.
Animals, injury by, 224 h.
Answer, the only pleading by defend-
ant is a demurrer or answer,
255.

|Answer-continued.

statute of limitation must be set

up by, 90.

time to answer, 255.

cannot be treated as a nullity, 256 f.
by married women, 257 a, 123 a,
281 h.

extending time to answer, 255.
defects in complaint, when waived
by obtaining extension of time
to answer, 255 b.

service of, after time to answer has
expired, 256 c.

and demurrer, 256 e, 298.
separate answers, 256 d.
where to be served, 256 b.
what to contain, 266, 267.
need not be entitled, 267 a.
requirement of, 266.

need not be a defence to all com-
plaint, 267 b.

general denial, 268 a.

denial of any knowledge or infor-
mation, &c., when allowed,
268 d.

form of, 269 c.

denial on information and belief,
270 a.

should be in the disjunctive,
270 c.

.should not be in the alternative,

270 e.

of part of a cause of action,
271 a.

of one of several causes of ac-
tion, 271 a.

what may be denied, 271 b.
what may be given in evidence
under a general denial, 273 b.
what may not be given in evidence
under a general denial, 274 d.
new matter, definition of, 275 d.
must be pleaded, 276 b.

in confession and avoidance,
276 c.
partial defence, 277 e.

mitigating circumstances, 278 b.
prayer for relief in, 278 c.
denying notice of non-acceptance
or non-payment of bill or
note, 278 e.

of action pending, 279 a.
of discharge under insolvent or
bankrupt act, 280 h.

of leave and license, 281 f.

of justification under justice's war-
rant, 281, e.

of matter occurring pending the
action, 281 g.

of non-joinder of party defendant,
282 a.