on appeal to court of appeals
when not liable on dismissal of
appeal, 541 e.

bonds, &c., of, to be approved
and acknowledged, 696.
cannot be sued jointly with prin-
cipal, 107 e.

admitting them to defend, 543 i,
344 b, c.

liability of, 540 i, 541 e, 543 g, h.
becoming insolvent, 542, 543 f.
may recover from principal, any
costs incurred, 510 a.

time of limitation, in action for
money paid by principal, 73 p.
demand of, to be subrogated,
223 d.

See Bail, Justification, Security,
Principal and surety.
Surety bonds, actions on, justice of
the peace has jurisdiction of,

39.
See Bonds.

Surgeons, not allowed to testify to
certain matters, 613 h.
Surplus moneys, how disposed of, 787.
complaint in action for, 172 f.
application for, not within the
309th section, 501 a.
Surrender of notes on trial, 181 a.
of defendant by his bail, 294.
Surrogate, appeals from, not affected
by the second part of the code,
679.

appeals from, regulated, 549 g,
715.

who may appeal, 717 b.
parties to the appeal, 717 d.
effect of the appeal, 717 i
time for appealing, 717 j.
petition of appeal, 717 ĺ.
amending petition, 718 b.
filing petition, 718 c.
compelling surrogate to make
return, 718 d.

extending time to procure re-
turn, 718 e.

motion to dismiss appeal, 718f.
appeal, where heard, 718 g.
papers to be furnished to the
court, 718 h.

proceedings on the appeal, 718 i.
costs on appeal from, 515, 719 g.
appeal, to court of appeals,
719 0.

costs on, appeal from, 515.
proceedings on official bond of,

not effected by the code, 680.
ejectment on decree of, 672 h.
proceedings for admeasurement
of dower before, 673.
proceedings before, statute of
limitation applies to, 74 a, h.
costs on proceedings before,
479 d.

Tenant. See Landlord and tenant..
Tenants holding under a judgment
debtor, 588.

See Joint debtors, &c.
Tenants for life, interest of, how cal-
culated, 742, 753.

Tender after action brought, 598 a.
answer of, 221 d.

of amount due on mortgage,
734 k.

See Offer.

Term fee, allowance of, 497 e, 498 e.
Terms, on amendment, 272 d.

on giving leave to answer after
time therefor has expired, 360 c.
on a postponement, 508.
of court of appeals, 18.

of supreme courts, circuit courts,
and courts of oyer and termin-
er, 20, 24.
extraordinary, 25.

appointment of, to be transmitted
to secretary of state, and pub-
lished, 26.
adjournment of, 26.

of superior court, 36, 37.
of N. Y. common pleas, 36.
of county courts, 31.
Testimony of parties, 607.
of witnesses, 612.

examination to perpetuate, under
the revised statutes, 608 d.
taking by commission, 613.
conditionally, 622.
by consent, 625.

on a motion, 628. See Motion.
The people. See People.

Thereby and therefore, meaning of the

to make a case, 636 e.

to turn case into special verdict
or exceptions, 708.

to serve amendments to case or
exceptions, 708.

allegation of, in pleading, 247 g.
to what period of, allegations in
pleadings refer, 246 a.

to move to vacate order of arrest,
292.

for referee to make report, 409,
413 g.

to take any proceeding except ap-
peal, may be enlarged, 636.
how computed, 637.

if last day be Sunday, 638 b, 637.
on notice of trial, 369, 641.
Sunday an intermediate day, is
to be included, 638 b.
for publication of legal notices,

Title-continued.

to real property, justices of the
peace have no jurisdiction of
actions involving, 42.
seizing when necessary in action

or defense founded on, 76.
when it comes in question, 52 b.
when question of, cannot be
raised, 54.

answer of title in justices' courts,
51.

costs after answer of, 489 e.
certificate that it came in ques-
tion, 56, 487.

costs when it comes in question,
54, 56, 489 e.

upon foreclosure,

to property sold on execution,
135, 452 a.
of purchaser
734 g.
See Entitling.
Toll-gate, jurisdiction of county court
as to, 31 a.

Tort, may be waived, and suit
brought on contract, 144 b.
counter-claim in action for, 223 e.
assignment of, 93 d.

at sea, action for, 13 b.

by married woman, 100 b.

parties to actions for, 107 a.

Transfer-continued.

from county court to supreme
court, 29.

from courts of record in New York
to marine court, 561 c.

from district court of N. Y. city

to common pleas, 562 a.
from courts of conciliation, 21 b.
after answer of title in justice's
court, 56.

appeal from order for, 113 g, 23 i.
of property, judge may order judg-
ment debtor to give undertak-
ing not to make, 461.
when may be forbidden, 472, 473.
confession of judgment is not,
592 f.

of hearing motion or order to
show cause, 27, 256, 635.
of special proceeding, 636 b.
of interest not to abate action,
109, 113 a, d, e.

of papers on file on change of place
of trial, 120 e, 695.

of thing in action, 91 f.

See Assignment, Removal of causes.
Transitory action, place of trial of,

119 a.

Treble costs, 482 h.

damages. See Damages,

against, 97 d.

complaint by, 152 c.

Town superintendent, action on bond

of, 99 j.

commencing action for, 80.
provisions of revised statutes as to,
not affected by the code, 680.
action for in justice's court, 42 b.
assignment of claim for, 93 d.
See Malicious trespass.
Triable, meaning of the term, 629 d.
Trial, definition of, 367.

what is a trial, 367 a.

place of, 117. See Place of Trial.
changing place of, 119.
notice of, 369.

either party giving notice may
bring on, and in the absence
of adverse party take a dis-
missal of the complaint or a
verdict or judgment, 373.
separate, between a plaintiff and
one or some of the defendants,
may be had, 373.

copy summons and pleadings to
court on, 384.
amendments at, 270 e.

costs on postponement of, 508.
number of counsel on, 706.
discontinuance on, 521 i.
plaintiff may stipulate to proceed
to, 704.

length of, 369, 641.

must be served on each defendant
who appears separately, and by
a separate attorney, 371 c.
where there are two or more
actions between the same par-
ties, 372 a.

in first district, 369, 372 c, d.
must state plaintiff's intention to
take an inquest, or he cannot
do so, 705.

where, besides the issue to be

tried, there are damages to be
assessed, 372 a.

when defendant notices the cause

for trial, and he seeks relief
other than a dismissal of the
complaint with costs, 372 a.
if insufficient, and the party pro-
ceeds to trial, and in the ab-
sence of the other party ob-
tains a verdict or judgment,
such verdict or judgment will
be irregular, 372 b.
either party giving, may bring
issue to trial, 369.

cause should be at issue as to
all defendants before noticed
for trial, 376 e.

court to be furnished with copy
pleadings, &c., 384, 758.
dismissal of complaint for not
proceeding to, 423 e.
dismissal of complaint on, 380 g,
410 g.
fee, 495, 496 h.
proceedings on:

jury, 372 a.

struck jury, 377 c.
right to begin, 377 d.

counsel addressing jury, 377 e.
objecting to pleadings, 377 g.
adjournment, 378 a.

postponement on payment of
costs, 378 c.

examination of witnesses, 378 e.
nonsuit, 380 g.

effect of nonsuit or dismissal of
complaint, 381 a.
rulings, 381 b.

production of documents or
chattels, 381 d.

changing ground of action or
defense, 381 f.

Trial-proceedings on-continued.
charging jury, 381 g.

deliberation of jury, 383 a.
disagreement of jury, 383 b.
separation of jury, 883 c.
interference with jury, 383 d.
sealed verdict, 383 e.
polling jury, 383 f.
continuance of trial, 383 g.
exceptions, 383 h.

ordering exceptions to general
term in first instance, 384 b.
cannot be part by one judge

and part by another, 397 b.
surrender of notes on, 181 a.
by jury, in what cases, 373, 367.
how waived, 396, 62 e.

by the court, in what cases, 367,

396.

of the question of fact, decision
to be given in writing, and
be filed with the clerk within
twenty days, 396, 396 d.
judgment on decision, how en-
tered, 397.

finding of judge on, what to
contain, 397.

finding by judge on, to be treated

as a verdict of a jury, 397 e.
for the purpose of an appeal,
either party may except to a
decision on a matter of law
arising on, 298.

new trial may be ordered for
delaying decision, 397.
dismissal of complaint equiva-
lent to nonsuit, 397 a, 381 a.
must decide the whole case,
397 b, c.

filing decision, 397 d.
findings of fact, 397 e.

entry of judgment on decision,
398 c.

review of decision, 398 d.
exceptions for appeal, 398,
399 a.
by referee, 408, 410 g.

See Hearing, Impartial trial, Notice
of trial, Postpouement of trial,
New trial, Verdict.

Trover, by wife against husband,
100 b. See Claim and delivery.
Troy, recorder of, may issue order in
supplementary proceedings,
464 c.

Trust company, need not give security
when guardian, 726 a.

accounts of deposits with, 741.
orders to draw moneys from, 741.

510 a.

confession of judgment by, 592 c.
may be sued in an action for

claims arising on contract and
by operation of law, 256.
plaintiff, may be required to give
security for costs, 483 e.
when personally liable for costs,
510, 513 f.

security on appeal by, 545.
of an express trust, may sue without
Joining party in interest, 97.
security on appeal by, 545.
who is a trustee of an express
trust, 97, 98 d, 510 b.

costs in an action by or against,

510, 510 c, 511 e.

Uncertain allegations, 249 a.

See Indefinite and uncertain.
Uncertainty, not a ground for demur-
rer, 250 b.
remedy for, 250 b.
what it is, 247 ƒ.

when certainty not required, 249 d.
allegations not sufficiently certain,
249 a.

appeal from order to make plead-
ing certain, 251 a.

Undertaking, on answer of title in
justices' courts, 56.

on order of arrest, 291.
on attachment, 336, 345.

on claim and delivery, 308, 310 b
on injunction, 322, 323 d, 326.
on appeal, 540, 542, 544, 545, 546,
549, 550, 551 b, 568, 564.
to be proved or acknowledged,

696.

to be filed, 645.

clerk to keep index to, 697.

to be delivered to parties, 645.

amendment of, 270, c, 308 a, 309 a,

526 e, 541 a, 567 h.

action on, 543 g, 195 f. 325 g, 336 ƒ,
551, 358 b, 260 c, 645 b.
See Permission to sue.
summons in action on, 126 h.
answer in action on, 222 d.
complaint on, 195 f.
deposit in lieu of, 542.

in notice of appeal from order
granting a new trial, 16.
See Security.

United States, ejectment for land
ceded to, 673 i.

United States courts, provisions of
code as to liens of judgment
extend to judgments of, 431 a.
removal of causes to, 21 d.
costs in, 479 e.

government contracts not assign-
able, 93 h.

action by or against, 99 i.
discharge of persons enlisted in
army of, 14 a.

officers of, actions against, 13 b.
actions on bonds given to, 13 b.
enforcing penal laws of, 14 a.
Unknown owners, moneys of, 753.
in partition, 659 e.
Unknown party, service of process on,
136.

Unliquidated damage, assignment of,
92 f.

summons in action to recover,
127 d.

Unsound mind. See Persons of un-
sound mind.

Use and occupation, complaint for,
195 i.

parties to action for, 103.
See Rent.

Usurping office or franchise, action
for, 654.

Usury, opening default to admit de-
fense of, 360 c.

defense of, 221 g, 174 a.
amendments to defense of, 269 a.

Vacancy in office of judge, how sup-
plied, 761.

Vacating order made out of court,
524.

Value, allegation of, in pleading, 248f.
Variance, not to be deemed material
unless it has misled the adverse

party, 261.
instances of immaterial variances,
263 a.