WITH A REFERENCE TO THE SECTIONS OF THE CODE OF CIVIL PRO- 3; AND N. Y. CIVIL PROCEDURE VOLUME VIII. NEW YORK: S. S. PELOUBET, LAW PUBLISHER AND BOOKSELLER,, 80 NASSAU STREET. 1886. CONTENTS. 191, subd. 3 CASS v. HIGENBOTAM... 329 Appeal. Jurisdiction of court of appeals where Amended answer. Instance of, where original answer was general answer of infant by guardian Counter-claim. Instance of one properly set up in action against administrator. Amended pleading. Motion to strike out, on ground that it was interposed for delay, when denied. When right to move lost by obtaining extension of time to answer or demur. HOFFMAN MANUFACTURING Co. v. READ... The gravamen of an action to set aside a bond and mortgage frandulently procured is fraud, and an execution may be issued against the person of the defendant for costs, although an order of arrest |