boret v. Cagney, 35 N. Y. Supr. 474; Filer v. N. Y. C., etc., 49 N. Y. 47. Stoneman e. Erie R. R. Co., 52 1d. 429; Hoffman v. Treadwell, 39 N. Y. Supr. 13: Hinckley v. Smith, 51 N. Y. 21. See, also, 61 Barb. 145; 35 id. 81; 21 How. 309; 17 Abb. 76; 21 How, 372; 52 Barb. 141: 35 N. Y. 507; 23 id. 242; 31 Id. 564; 5 Duer, 662; 16 N. Y. 71; 9 Abb. 402; 17 How. 563: 34 Barb. 410; 31 id. 121; 2 Abb. N. S. 455; 38 How. 37; 35 Barb. 68; 2 Abb. N. S. 220; 44 Barb. 577. $451. [Amended, 1879.] When defendant or his name is unknown. Where the plaintiff is ignorant of the name or part of the name of a defendant, he may designate that defendant, in the summons; and in any other process or proceeding in the action, by a fictitious name, or by as much of his name as is known, adding a description, identifying the person intended. Where the plaintiff demands judgment against an unknown person, he may designate that per soa as unknown, adding a description, tending to identify him.(1) In either case the person intended is thereupon regarded as a defendant in the action, and as sufficiently described therein, for all purposes includ ing service of the summons, as prescribed in article second of the last title. When the name, or the remainder of the name, or the person, becomes known, an order must be made by the court, upon such notice and such terms as it prescribes, that the proceedings already taken be deemed amended, by the insertion of the true name, in place of the fictitious name or part of name, or the designation as an unknown person; and that all subsequent proceedings be taken under the true name.(2) Substitute for Co. Proc., 175, and portion of 135. (1) Crandall v. Beach, 7 How. 271; Pindar v. Black, 4 id. 95: Frank v. Levie, 5 Rob. 599 Eagleston v. Son, id. 640 Sandford . White, 56 N. Y. 359; attg 1 T. & C. 647. (2) Packard v. Wood, 17 Abb. 318, n. 452. When court to decide controversy, or to order other parties to be brought in. The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in. And where a person, not a party to the action, has an interest in the subject thereof, or in real property, the title to which may in any manner be affected by the judgment, and makes application to the court to be made a party, it must direct him to be brought in by the proper amendment. Co. Proc., part of § 122, am'd. McMahon v. Allen, 12 How. 39; Powell v. Finch, 5 Duer, 666; Davis v. Mayor, 2 id. 663; Shaver v. Brainard, 29 Barb. 25; Sturtevant v. Brewer, 17 How. 571; Sawyer v. Chambers, 11 Abb. 110; McKay v. Draper, 27 N. Y. 256; Kelsey v. Murray, 28 How. 243; s. c., 18 Abb. 294; Scheidt v. Sturgis, 10 Bosw. 606. $453. [Amended, 1877.] Supplemental summons.— Where the court directs a new defendant to be brought in, and the order is not made upon his own application, a supplemental summons must be issued, directed to him, and in the same form as an original summons; except that, in the body thereof, it must require the defendant to answer the original or the amended complaint, and the supplemental complaint, or either of them, as the case requires. And each provision of this chapter, relating to personal service, or a substitute for personal service of an original summons, applies to such a supplemental summons. New. ARTICLE SECOND. PARTIES SEVERALLY LIABLE. SEO. 454. When persons liable for the same demand may be sued together. 455. Defendant so sued may apply for any relief. 456. Proceedings in action against defendants severally llable. § 454. [Amended, 1877.] When persons liable for the same demand may be sued together. Two or more persons, severally liable upon the same written instrument, including the parties to a bill of exchange or a promissory note, whether the action is brought upon the instrument, or by a party thereto to recover against other parties liable over to him; may, all or any of them, be included as defendants in the same action, at the option of the plaintiff. Co. Proc., 120. Hees v. Neills, 65 Barb. 440: Quigley v. Walter, 2 Sweeney, 175; Cridler v. Curry, 44 How. 345; Field v. Van Cott, 15 Abb. N. S. 349; Barton v. Spels, 5 Hun, 60; Bates v. Merrick, 5 T. & C. 701; 8. c., 2 Hun, 568; Decker v. Gaylord, 8 id. 110; Alfred v. Watkins, 1 Code Rep. N. S. 343; Kelsey v. Bradbury, 21 Barb. 531; Farmers' Bk. v. Blair, 44 fd. 642; Barker v. Cassidy, 16 id. 177. 455. Defendant so sued may apply for any relief. - The joinder of a person, as defendant in an action, with another person, as prescribed in the last section, does not affect his right to any order or other relief, to which he would have been entitled, if he had been separately sued in the action. L. 1841, ch. 282, § 1 (4 Edm. 457). § 456. Proceedings in action against defendants severally liable. Where a summons, issued against two or more defendants, alleged to be severally liable, is served upon some, but not upon all of them, the plaintiff may proceed against those upon whom it is served, as if they were the only defendants named therein. Where it is served upon all of them, the plaintiff may take judgment against one or more of them, where he would be entitled to judgment, if the action was against him or them alone. Where judgment is so taken, the clerk must, upon the plaintiff's application, enter an order, directing that the action be severed, and that the plaintiff may proceed against the other defendants. In any subsequent proceeding, the plaintiff may use, together with a certified copy of such an order, a copy of a paper constituting a part of the judgment-roll, with like effect as if it was the original. Substitute for Co. Proc., 136, subd. 2 and 3. Pruyn . Black, 21 N. Y. 300; Crandall e. Beach, 7 How. 271; Ford v. Whitridge, 9 Abb. 416; Wellington v. Claason, id. 175; Griswold v. Griswold, 14 How. 446; Lathrop r. Heacock, 4 Lans. 1; Watson v. Church, 5 T. & C. 243; Lane v. Salter, 51 N. Y. 1; Richter. Poppenhausen, 42 id. 373; Lyon v. Yates, 61 id. 661; Speyers. Fisk, 6 T. & C. 197; McIntosh. Ensign, 28 N. Y. 169; Brumskille. James, il id. 294; Marquat v. Marquat, 12 d. 336. § 457. Application of this article to defendants jointly liable. The last three sections do not affect a defence or other objection of a defendant, growing out of the failure to join in the action two or more persons jointly liable; and, as regards the other parties to the action, persons jointly liable are regarded as one party, for every purpose contemplated by those sections. See L. 1832, ch. 276, 12 (4 Edm. 453), and L. 1835, ch. 211, 1 (4 Edm. 455). Speyers v. Fisk, 6 T. & C. 197; Parker v. Jackson, 16 Barb. 33; McIntosh v. Ensign, 28 N. Y. 169: Brumskill v. James, 11 id. 294; Marquat . Marquat, 12 id. 336. See Boston, etc., v. Portland, 20 Am. Rep. 338. ARTICLE THIRD. PARTIES PROSECUTING AND DEFENDING AS POOR PER SONS.* SEC. 458, Who may petition for leave to prosecute as a poor person. 459. Contents of petition. *See Temporary Act, 15, subd. 3, post, p. 544. SEC. 460. When and how leave granted. 461. Not liable for costs and fees. 462. When leave may be annulled. 463. When defendant may petition to defend as a poor person. 464. Contents of petition. 465. Proceedings thereon. 466. Appeal, when party prosecutes or defends as a poor person. 467. Costs in favor of petitioner. § 458. Who may petition for leave to prosecute as a poor person. A poor person, not being of ability to sue, who alleges that he has a cause of action against another person, may apply, by petition, to the court in which the action is pending, or in which it is intended to be brought, for leave to prosecute as a poor person, and to have an attorney and counsel assigned to conduct his action. 2 R. S. 414, 21 (2 Elm. 463). Thomas v. Wilson, 6 Hill, 257; Isnard v. Cazeaux, 1 Paige, 39; Ostrander v. Harper, 14 How. 16; Moore v. Cooley, 2 Hill, 412; McDonald v. Bank, 2 How. 35: Robert v. Carlton, 18 id. 466; Robertson v. Robertson, 3 Paige, 387: Florence v. Bulkley, 1 Duer, 705. § 459. Contents of petition. state: The petition must 1. The nature of the action brought, or intended to be brought. 2. That the applicant is not worth one hundred dol lars, besides the wearing apparel and furniture, necessary for himself and his family, and the subject-matter of the action. It must be verified by the applicant's affidavit, and supported by a certificate of a counsellor at law, to the effect that he has examined the case, and is of opinion that the applicant has a good cause of action. Id., § 2. $460. When and how leave granted. The court to which the petition is presented, if satisfied of the truth of the facts alleged, and that the applicant has a good cause of action, may, by order, admit him to prosecute as a poor person, and assign to him an attorney and counsel to prosecute his action, who must act therein without compensation. Id., 3. Wilkinson v. Belsher, 2 Bro. C. C. 273; Kerr v. Davis, 7 Paige, 54; Isnard v. Cazeaux, I id. 39. -- 461. Not liable for costs and fees. A person so admitted, may prosecute his action, without paying fees to any officer; and he shall not be prevented from prosecuting the same, by reason of his being liable for the costs of a former action, brought by him against the same defendant.(1) If judgment is rendered against him, or his complaint is dismissed, costs shall not be awarded against him. 2 R. S. 445, 14. (1) Robert! v. Carlton, 18 How. 467; Kerr v. Davis, 7 Paige, 54; Steele v. Mott, 20 Wend. 679; and see 1 Wait's Pr. 211. $462. When leave may be annulled. If the person so admitted is guilty of improper conduct in the prosecution of his action, or of wilful or unnecessary delay, the court may, in its discretion, annul the order admitting him to prosecute as a poor person; and he shall thereafter be deprived of all the privileges conferred thereby. Id., 15. Steele v. Mott, 20 Wend. 679. 463. When defendant may petition to defend as a poor person. — A defendant in an action involving his right, title, or interest, in or to real or personal property, may petition the court, in which the action is pending, for leave to defend the action as a poor person, and to have an attorney and counsel assigned to conduct his defence. New. 464. Contents of petition. The petition must contain the same matters, respecting the ability of the petitioner, required to be contained in a petition for leave to prosecute as a poor person; and it must be supported by a similar certificate, relating to the de fence. New. $465. Proceedings thereon. The provisions of this article, relating to the order, to be made upon an application for leave to prosecute as a poor person, and the proceedings subsequent thereto, apply to the order and subsequent proceedings, upon an application for leave to defend as a poor person. New. § 466. Appeal when party prosecutes or defends as a poor person. An order, made as prescribed in this article, does not authorize the petitioner to take or maintain an appeal, as a poor person; but where an appeal is taken by the adverse party, the order is appli |