Divorce continued.

summons in action for, may be

served by publication, 135.
complaint for, 743, 749.
answer in action for, 748.
pleadings in action for, 744 c.
alimony, 745.

counsel fee for wife, 745 k.

proof of marriage and residence
in, 747 g.

proof of adultery, 747 i.

cruel and inhuman treatment,
what amounts to, 747 j.
judgment by default or consent
cannot be taken in, 712.
place of trial of, 118 e.

when issues need not be framed,
707, 708.

trial of issues in actions for, 707.
proceedings in, not to be pub-
lished, 749.

reference to take proof of material
facts stated in the complaint,
748, 745 g.

order for reference, 708 d.
objections to legitimacy of children

to be stated in complaint, 749.
manner of settling the issues in,
707.

examination of parties in, as wit-
nesses, 748.

judgment in, 747 k, l, 750.
vacating judgment of, 748 b.
questioning legitimacy of child-
ren, 749.

wife's costs, 747 f.

See Alimony.

Docket of justice's judgment, 56, 69,
66 h.

Docket of judgment, entry on, of the
words, "secured on appeal," 431,
432 n.

on petition, in what cases, 722.
Docketing judgment, on filing judg
ment-roll, 430.

of justice's court, 56, 69.
during office hours, 697.
Documents, appeal from judgment for
delivery, of, 543.

production of, on trial, 381 d.

See Admission, Discovery, Produc-
tion.

Dog, action for injury by, 182 h.

Domestic, no exemption on judgment

for work by, 457 d.

Domicile. See Residence.

Dormant execution, 431 d, 447 d.

Dormant partner, to join as plaintiff,

103 e.

Double costs, 482 ƒ, i.
damages, 387 c.

See Damages.
time, 641.

Dower, sale of real estate to pay,
673 h.

tenant in, interest of, how cal-
culated, 742.

action for admeasurement of,
673 g.

defense in action for, 673 e.
proceedings before surrogate for
admeasurement of, 673 ƒ.
costs in action for, 495.
admeasurement of, 29, 673 f.
inchoate right of, 663 a.
when not barred, 734 e.
in surplus money, 736 c.
ejectment for, 672 i.

limitation of action for, 74 d.
not assignable, 93 i.
Drunkard. See Habitual drunkard.
Due, answer admitting part of claim
to be, 348, 353 i.

Duly, meaning and effect of, 159 b.
Duplicity, not a ground for demurrer,
204 e.

section 150 a prohibition of, 229 g.
Duty, allegation of, 159 a.

Education. See Board of Education.
Ejectment, statutes relating to, 666 ở.
when it lies, 666 b.
no arrest in, 289 5.

for nonpayment of rent, 667 b.
parties plaintiff, 667 d.

attorney for plaintiff to produce
his authority, 667 c.

by husband and wife, 667 f, 100%.
complaint, 668 a.
defendants, 669 b.

defense by landlord, 669 e.
death of plaintiff, 669, 109.
death of sole defendant, 669 h,
109.

change of occupancy of premises
pending suit, 669 i.

termination of plaintiff's title
pending the suit, 670.
answer in, 670 b.
defenses, 670 c.
plaintiff's proof, 670 e.
new trial, 671 a.
restitution, 671 c.
mesne profits, 671 d.
judgment, 671 i.

verdict, recovery, 671 j.
execution, 672 a.
receiver in, 672 c.

Ejectment-continued.
injunction, 672 d.
waste, 672 e.

staying proceedings till costs of
previous action paid, 672 f.
by purchaser on sale under execu-
tion, 672 g.

on surrogate's decree, 572 h.
for dower, 672 i.

defense, 673 a.

offer, 673 b.

damages, 673 c.

time of limitation, 673 d.
counter-claim, 673 e.
place of trial of, 117.
offer in, 600 f.

affidavit of merits is necessary to
prevent an inquest, 705 h.
not to be brought by or against
receiver unless by order of the
court, 350 i.

for dower, against whom it lies,
672 i.

limitation, 673 d.
counter-claim, 673 e.
defense, 673 a.
offer, 673 b.

damages, 673 c.

for land ceded to the United
States, 673 i.
Election, day of, elector cannot be

served with process on, 134 b.
judgment may be rendered on, 65d.
of remedy, a party suing in two
courts for the same cause of ac-
tion will be made to elect in
which he will proceed, 217 f.
of remedy as to form of action,
144 b.

of count or statement in com-
plaint, 201 c.

between counter-claim and cross-
action, 225 b.

between arrest and claim and de-
livery of property, 282 d, 306 i.
Endorsement of papers, 698.

of papers on taking a default, 722.
Enlarging time to take proceedings,
time to take any proceedings ex-
cept an appeal may be enlarged,
636.

to serve complaint, 128 f.
to answer, 202 a, 703.

by order for discovery, &c., 701.
a judge at chambers cannot en-
large the time to make a case
after the time for making it has
expired, 636 e.

orders for, how granted, 703.

Enlarging time-continued.
to make a case,
636 e.

how computed, 638 d.
See Time.

Entitling affidavit, 637.
order, 633 c.

motion papers, 35 ƒ, 295 h.
Entry, or right of entry, action after, 76.
of appearance, when allowed, 698.
of order, 558 c, 560, 695.

of judgment, manner of, 419, 552 a.
the decision of the court in
writing is not, 429 b, d.

not until all issues disposed of,
428 b.

after offer, 427, 597.

fees for, 507.

on petition, 722.

in mortgage cases, 728, 729.
in judgment-book, 428.
See Docketing judgment.
of satisfaction, how effected, 458 d.
See Forcible entry. Re-entry.
Enumerated motions, what are, 713.
when to be noticed, 713.

papers to be furnished on, 713.
when motion may be made to
strike from the calendar, 715.
Equitable bail. See Ne exeat.
defenses, 219 g, 670 c.
relief, 201 d, 257 b.

remedies, distinction between, and
legal abolished, 9.
Equity cases, reference of, 405 c.
new trial in, 393 d.

jurisdiction of N. Y. Superior
Court, 34 b.

Erie county, first subdivision of sec-
tion 30 not to apply to, 30.
motions in actions triable in, 629ƒ.
motions in Orleans county may be
made in, 629 g.
Error, writ of, 523 a. See Appeal.
Error in fact, appeal for, 573, 580 ƒ.
Errors and defects when to be disre-
garded, 274.

See, Amendments.
Escape, time of limitation in action
for, 82.

re-arrest after, 443 d.

action for, 42 b. 443 ƒ, 680 a.
answer in action for, 219 e.
Eviction, defense of, 219ƒ.
Evidence of foreign laws, 647 a.

of foreign public records, 647 b.
provisions as to, applied to jus-
tices' courts, 59.

on the trial of an issue of fact by
the court, how reviewed, 398 c.

Evidence-continued.

not to be alleged in pleading, 1616.
pleadings as, 261 b.
pleadings not to be, in criminal
proceeding, 239.

verification of pleading as, 240 6.
examination in supplementary
proceedings not to be, in crimi-
nal proceedings, 461.

See, Admissions, Examination of
parties, Examination of wit-

nesses.

Examination of parties, only in the
cases prescribed by the code,
607.

under provisions of revised stat-
utes as to perpetuating testi-
mony cannot be had, 608 d.
may be on the trial, conditionally
or on commission, 608.
before trial, 609, 609 d.
in actions for divorce, 748.
attendance for purposes of, how
compelled, 610.

punishment for refusing to submit
to, 611.

testimony on, may be rebutted,
610.

credit to be given to the testi-
mony of, 610 g.

on their own behalf when, 612.
for whose benefit action is prose-

cuted or defended, 611.
of coplaintiff or codefendant, 612.
of joint contractors, or parties
united in interest, 612.

of witnesses, witness not excluded
by reason of interest, 612.

at circuit, mode of, 378 e, 706.
in justices' courts, 63 ƒ.

court may control, 378 e.
on reference, 411 a.

witnesses and parties, by commis-
sion, 613 f.

See Commission.
conditionally, 622 e.

See Conditional examination of
witnesses.

on interrogatories by consent,
625 k.

orally, on motion, 628, 630 ƒ.

of applicants for admission to
practice as attorneys, &c., 693.
in supplementary proceedings,
470, 460.

See Supplementary Proceedings.
Exceptions, to a matter of law arising
on the trial of an issue of fact
by the court, may for the pur-

Exceptions-continued.

pose of an appeal be taken
within ten days after written no-
tice of the judgment, 398, 399 a.
extending time to serve, 400 e.
how stated in a case, 710.

form of, and what to contain, 338 h,
710.

settlement of, 708.
filing, 711.

to be filed nunc pro tunc, 403 e.
when deemed waived, 710.
ordering to be heard at general
term, 384 b, 390, 394 g.
making case does not extend time
for, 400 e.

to sureties on appeal, 546.

to sureties on claim and delivery,
309.

to sureties, what is not, 344 c.
on the trial, 383 h.

not necessary in justice's court,
575 a.

order extending time to make, is
not a stay of proceedings, 630b.
to bail, 297.

Exchange of causes on calendar, 689.
Execution, of course, within five years,
433, 434 a.

by order, after five years, 480, 437 a.
should not issue until record
filed, 434 b.

sheriff to indorse, 446 e.
kinds of, 438.

form of, 443, 444.

to be deemed process, 438.
need not be sealed or subscribed,
except as prescribed, 438.

to what counties it may issue,
438.

may issue to several counties at
the same time, 438.

on judgments entered before July,
1848, 434 a.

may issue immediately after judg-

ment perfected, 434 b.
when it may issue after five years,
436.

effect of bankruptcy upon, 447 c.
against joint debtors, 445 b.

the property of a deceased judg-
ment debtor, 435 a.

in favor of deceased judgment
creditor, 435 e.

against executors, 432 e.
against New York city, 15, 434 d.
after discharge under insolvent
debtor's act, 435 h.

on satisfied judgment, 436 a.

Execution-continued.

against husband and wife, 436 e.
against married woman, 439, 439 c.
charging defendant in, 442 h.
debtor of execution debtor may
pay, 468.

leave to issue, how obtained, 436.
against the person, 439, 445 a.

on justice's judgment, 441 c.
how discharged, from, 441 ƒ.
effect of discharge, from, 442 b.
form of, 443.

return of, in what time, 445, 445 a.
how compelled, 697.
may be by mail, 445 e.

should be to the clerk with
whom judgment-roll is filed,

445.

may be to clerk or attorney,
445 e.

on judgment of district, or ma-
rine court, 446 a.

liability of sheriff for not re-
turning, 445 f.

existing provisions of law, applied
to, 446.

when may be levied, 446 g.
sheriff bound to levy, 446 f.
what attorney may issue, 446 i.
instructions to sheriff, 446 h.
priority of, 447 a.
dormant, 447 e, 431 d.
indemnity to sheriff on, 446 f.
death or removal of sheriff, 447 g.
sheriff's fees and poundage, 447 h.

may be attached for not paying
over money, 448 d.
lien of, on personal property, 448 ƒ.
what personal property may be
levied on, 448 h.

levy on personal property, how
made, 449 e.

sale of personal property on,

450 g.

levy on and sale of real estate,
451 f.
leaseholds, 452 h.

redemption of real estate from sale,

452.

what property is exempt by stat-
ute from, 456 b.

for costs on a motion, 509 c.
effect of appeal upon, 545, 568.
on judgment by confession, 729.
on judgment of justice's court, 58,

67 a.
proceedings supplementary to, 460.
See Supplementary proceed-
ings.

Execution debtor, death of, 112 d.
Executors and administrators, action
by, on note, for debt of tes-
tator, 105 d.
provisions of revised statutes as
to suit by and against, not
repealed, 680.

in actions by or against, those
who have not administered
need not be joined, 105 d.
parties to actions against, 105 d,
108 e.

how described in complaint,
151 b.

death of pending action, 112b.
complaint by and against, 1516,
176 e.

costs in actions by or against,
510 c, 511 e.

may recover from estate, their
costs incurred as executors,
510 a.

when personally liable for costs
513 f.

costs against, not a charge on
real estate, 515 a.

cannot be sued in justices'
courts, 42.

may sue in justices' courts, 43 b.
may sue without joining party
in interest, 97.

answer by one for all, 212 a.
judgment against, 428 h.
may appeal without giving se-
curity, 545.

execution against, 430 e.
bond, action on, 42 b, 168 b.
reference of claims against, 510
511 h.

security for costs, 510, 515 b.
See Foreign executors.

Exempt property, 456 b.

action to recover, 457 i.
Exemption law retained by the code,
681.

waiving benefit of, 457 h.
Existing practice, when it may be
adopted, 678.

rules abrogated, 678.
suits, appeals in, 674, 675.

no writ of error allowed in, 674.
execution in, on judgment dock-
eted before July, 1848, 521,
675.

application of code to, 675.
issues of fact in county court in,
676.

provisions and rules relating to,
674, 751.

fied, 524.

for examination of judgment
debtor, how vacated or modi-
fied, 465 k.

need not be entered, 560.
when may be made, 628.
proceedings stayed by, 628, 630.
appeal from. See Order.
See Enlarging time.
Expectancy, not assignable, 93 c.
Express Company, service of sum-
mons on, 132 b.

Express Trust, who is trustee of, 98 d.

trustee of, action by, 97, 98 d.
Extending time. See Enlarging

time.

Extraordinary terms, governor may
appoint, 25.

Extra allowance. See Allowance.
Extra work, time of limitation in ac-
tion for, 73 e.

Factor, when liable to arrest, 286.
time for commencing action
against, 73 c.

See Foreign factor.
Fact, what is, 156 c.

statement of partial evidence of,
158 ff.

how to be stated, 162, 711.
statement of for appeal, 536 e.
See Questions of fact. Issues of fact.
Error in fact. Questions mixed

of law and fact. Conclusion of
law. Finding of fact.
Failure of proof, what is, 264.

objection for, 265 a.

False imprisonment, action for, can-
not be brought in justices'
courts, 42.

must be within two years, 82.
complaint for, 176 f.

costs in action for, 479 i, 487.
representation, to induce credit,
complaint for, 177 b.

representations to induce pur-
chase, 177 c.

representations to induce credit,
arrest for, 286 a.
return, action for, 43 e.
answer, 231 c.

See Sham answer.

transfer of action for, to marine
court, 561 c.

warranty, complaint for, 177 f.
Family, what is, 458 c.

Favor, on payment of costs, 498 f.

courts.

Fee bill, abolished, 478.
See Costs.

Fees, judges not to receive, 766.
for serving notice of no personal
claim, 129 b.

for serving summons, 142 e, 164 a.
of clerks, 507, 508.

of county judges, 29 a.
of surrogates, 29 a.
of jury, 776.

for entering judgment, 507.
of referees, 414 d.

to witnesses, 505 d, 476, 608 e.
of sheriff on attachment, 346.

on execution, 446, 447 h.
may be required, in advance, 643 c.
on filing note of issue, 369; and
$6 for jury fees, 776.

to party attending as a witness,
506 g, 608 e.

for copies of papers, 507.
trial, 507.

to a justice for his return, 570.
of attorney and counsel.
See Attorney.

of commissioners in lunacy, 742.
assignment of claim for, 92 f.
See Term fee.

Feigned issues abolished, 72.
substitute for, 72.

See Issues.

Female, when she cannot be arrested,
282, 289 h.

Ferries, jurisdiction of county court
as to, 30.

Fictitious name, party may be sued
by, when real name unknown,
274.

Fiduciary capacity, what it is, 286.

arrest for money received in, 286.
Filing transcript of judgment, effect of
as a lien, 430.

perfecting an appeal and giving
security does not prevent the
respondent from, 431 c.

of justices' courts, 56, 68.
must be during office hours, 697.
summons and pleadings, 642.
complaint, 135, 139 e.

decision, 397, 397 d.

notice and affidavit in claim and
delivery, 312.

notice of lis pendens, 129 698 a,

730 e.
notes of issue, 713.
case, 711.

undertakings, 696, 645.