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A.

16

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A BATEMENT-

will not lie for death or disability
of nuisance or waste,

249-252
ABSENCE
from trial waives a jury,

179
of evidence at trial,

158
(In forcible entries.)
ABSENTEE-
deposition of, as witness,

428-431
see NON-RESIDENT.
ACCOUNT

witness, on assignment of,
items of, need not be in complaint,
copy of items of, may be demanded,

a further may be ordered,
AOT-

when this, shall take effect, 649, 667
ACTIONS, CIVIL-

form of, and the parties thereto, 1-17
there shall be but one form of,
the parties to,
trial of question of fact not in issue,
shall be prosecuted by party in interest, 4
witness on assignment of chose in ac-

tion,
on assignment of notes and bills,
between husband and wife,
all having an interest in, may be plain-

tiffs,
when persons severally liable, shall be

joined in,
when to abate,
to be continued by successor in interest, 16
place of trial of,

18-21
when to be tried in the county,
when place of trial to be changed,
how commenced,

22-35
court tax to be paid in,
affecting title to real property,

27
against two or more defendants,
complaint to contain title of
demurrer to another action between

same parties,

AOTIONS, CIVIL, (Continued.)

upon written instruments,
for recovery of real property,
for libel or slander,
for claims of delivery of personal
property,

99-110
attachment upon contracts in,

120
may be dismissed,

148
for foreclosure of mortgage, 246-248
for nuisance, waste or trespass, 249-253
to determine conflicting claims to
real property,

254-263
for the partition of real property, 264-309
for usurpation of office,

310
against steamers, vessels and
boats,

317-332
joint debtors,

368-373
several on one bond do not carry
costs but in one,

496
successive, may be brought,

525
may be consolidated,
may be brought to determine adverse

claims,
to compel principal to pay security,
(In Justices' Courts.)
to be brought in township of the de-

fendant,
how commenced,

see CAUSE OF ACTIOX.
ADJOURNMENT-
during absence of jury,

170
(In Justices' Courts.)
of a canse,

580-585
undertaking on,

585
see CONTINUANOE.
ADMINISTRATOR

may sue by himself,
appeal bond in suit by,

when to pay costs,
ADVERBE PARTY-

is defendant,
respondent,

835
intervenor,

859
when may be a witness,

893
testimony introduced to rebut,

21

509

39
40

18

28,33

p. 342

P2*353532

114

150

241

49

AYYIDAVITS-
before whom taken in the state,

in another state,

in a foreign country,
certificate of clerk to,
of service of summone,
of publication of summons,

'31
of absent or concealed defendant,
denying signature to instrument in
answer,

54
on verification of pleading, 55, 113
on arrest,

of sureties on arrest bond,
copy of, to be given defendar
of justification of bail,
on discharge of arrest,

ot judgment debtor,
on attachment,

on bond to release attachment, 186
to discharge attachment,

139
for contempt,

481
against steamer, boat or vessel, 821
of sureties on attachment bond

against steamers,
on injunction,

112,
to dissolve,

118
in replevin,

100
'of claims of third persons, 109
of sureties on indemnity
bond,

109
to postpone trial for absent witness, 158
on objection to referee,

186
on motion for new trial,

194, 195
on judgment after five years,

214
on redemption of property,

234
of property due judgment debtor,
on usurpation of otlice,

311
of mariner's claims,

329
ot sureties on appeal bond,

355
of confession of judgment,

375
in submitting controversy,

877
of arbitratore,
of concealment of witness,

405
for prisoner as a witness,

413
for examination of witness,
to read deposition on trial,

430
on application to perpetuate testimony.438
atidavit of service ot,

440
to be a prima facie evidence, 441
on application for certiorari,
of contempts,

481
ot costs and disbursements,

510
of sureties on bond for costs,

513
defect in,
for writ of error,

rule xxviii.
(In Justices' Courts.)
of absent defendants,

543
on arrest,

545
on attachment,

552
in replerin,

557
for new trial,

623
ABFIRMATION-

445, 647
see OATH.
AGE-

of infant for appointment of guard-
ian,

10,542
ALIENATION-

of real property cannot prejudice

action,
ALLEGATIONS-

pleadings are constituted of formal
answer to contain denial of,
when taken as true,
what are material,
to be liberally construed,
are issues of fact,
(In Justices' Courts.)

variation in, shall be disregarded, 579

ALTERATION-

of a document in evidence to be ac-

counted for,
AMENDMENT-

to complaint,
after demurrer filed,
to pleadings,
to name of defendants,
(In Justices Courts.)
shall be ordered,

578
may be allowed,

580
(In forcible entry and detainer.)

to pleadings,
ANSWER-

to be one of the pleadings,
may be to part of the complaint,
may be filed with demurrer,

when demurrer is overruled,
objection to complaint, by,
what to contain when verified,
to be verified or not,
when embracing new matter,
sham and irrelevant to be stricken

out,
to complaint on written instrument,
to allegations in verified complaint,
to actions of libel or slander,
demurrer to,

38, 50, 67
time may be enlarged for filing,
replevin may issue before filing,
injunction may issue after filing,
judgment upon failure to, .
issue of law arising upon,

152
on demurrer to,

152
in partition suits,

270
of joint debtors,

371
of witness on examination,
of party refusing to testit

stricken out,
to writ of mandate,
to contempt,

487
on intervention,

681
(In Justices' Courts.)

to summons,
what to contain,
to deny signature to written instru-

ment,
(In Recorders' Courts.)
APPEARANCE-
of defendant, waives summons,

authorizes commission, 428,
what constitutes an, by an attorney,
(In Justices' Courts.)

of parties may waive jurisdiction, 537
APPEAL-

from judgment against steamers,
in general,

what is an,
who may,
from what to lie,

896
time allowed to,
filing notice of,

337
court tax on,
what statement on, requires,
omitting to make statement on,
time may be enlarged for statement

on,
statement to be settled,
statement to be annexed to judgment
roll, or order,

342
from orders,

343
review of intermediate orders on,

844
power of appellate court on,

345
damages for delay on,

315
appellant to furnish papers on,

346
when may be dismissed,

346
from submission of controversy, 879
from award on arbitration,

885

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429

570, 574

457

531

341

82, 83

509
657

347

358

411

362

335

5,48

APPEAL, (Continued.)

ARREST, (Continued.)
from writ of certiorari,

465 bail may arrest or surrender defend-
costs, on filing notice of,

ant,
opinion on to be in writing,

exoneration of bail,

83, 85
filing of transcript on, rules ii to xiii. liability of bail,
to Supreme from District Courts,

deposit on discharge to be returned, 93
when may be taken,

when defendant escapes from,
undertaking filed on,

348, 351 liability of sheriff on escape from,
sureties on undertakings,
355 may be vacated,

97, 98
justification of,

356
of judgment debtor,

239
stay of proceedings on,
349 on usurpation of office,

311
certifying of judgment on,

of absent witness,
how brought to hearing,

361 when witness is privileged from,

rule xv. on contempt,
to Supreme from County Court,

(In Justices' Courts.)
when may be taken,

859
of defendant,

544
undertaking on,

360 affidavit on,
how brought to a hearing,

361 undertaking on, and bail,
appellant to furnish papers,

discharge from,
to District from Probate Court,

adjournment of cause on,
in what cases to lie,
363 judgment on,

597
when to be taken,

364
for contempt,

617
how brought to a hearing,

365

see BAIL.
to County from Justices' and Recorders'

ASSIGNEE-
Courts,

action by,
when to be tried anew,

366, p. 341 ASSIGNOR-
power of appellate court,

867

when cannot be witness for assignee, 4
rendering of judgment on,

367 ASSIGNMENT-
statement and proceedings on, 624-629,640 of a thing in action,

4, 5
APPELLANT

of notes and bills,
is the party appealing,

not to prejudice cross demands,
to furnish papers to appellate

copy of, on redemption to be pro-
court,
346, 362 duced,

234
to file statement of points, rule xvii. ATTACHMENT
ARBITRATION-

in what cases issued,

120
title to real property not subject to, 380 affidavit on,

121
who may submit to,
380 undertaking in,

122
submission to be in writing,
381 duty of sheriff to serve,

123
stipulation for judgment on,

882 release on bond,
awards shall be made on,

882 several writs of, may issue,
revocation of submission to,

382 rights and shares in corporation sub-
damages for,
389 ject to

124
power of arbitrators,
383 execution of writ of,

125
award to be in writing,

385 of real property,
appeal from,
888 of stock and shares,

125
to constituté judgment,

of debts and credite,

125
order to vacate,
386 of personal property,

125
modification or correction,

garnishee of third persons on,

126
rehearing of trial on,

886
liability of,

127
ARBITRATORS-

examination under oath of, 128
power of,

883 sheriff to take inventory of property, 129
meetings of,
384 property to be sold under,

654
award to be signed by,

385
when perisbable,

130, 221
to be sworn,

884 debts and credits to be collected on 130
rehearing before,

886 claim by third persons of property, 131
when three, all sball meet,

sheriff's jury in,

131
ARGUMENT-

property attached to pay judgment, 132
case may be reserved for.

when judgment is satisfied by, re-
of causes in supreme court, rule xix. mainder to be delivered to defend.
ARREST-

ant,

133
action for malicious, with what

prosecution of release bond on. 134
joined,
64 judgment for defendant on,

185
in civil cases,
72-98 motion to discharge,

136, 138
of defendant,

affidavits on,
judge to issue order,

discharge of,
affidavit for order,

sheriff to return writ of,
undertaking on,

76 against steamers,
Lo affidavit of sureties on, 76

may be discharged, 327
filing of affidavit and bond,
75, 76 against absent witness,

411
when order to issue and be returne

for contempt,

482
sheriff to serve order,

(In Justices' Courts.)
order to be given to sheriff and copy

may be issued,

551
to defendant,

affidavit on,

552
discharge of defendant fr

undertaking on,

553
or deposit,
80, 91 undertaking to release,

554
bail on, how given,

| ATTENDANCE-
may be reduced,
97, 98 of witnesses at court,

402-416
see WITNESS.

, 123, 136,

125

885

387

136, 138.

141
321

a bail

81

458

物拟奶

163

4,5

ATTORNEY-

| CAUSE OF ACTION, (Continued.)
appointed for absent defendant, 31 limitation to foreign,

532
to be served with amended complaint, 43 CERTIFICATE-
to subscribe pleadings,

of sale under execution,
when and how to verify pleadings, I CERTIORARI-
may require sheriff to take property

writ of,

455-465
in replevin,
101 how denominated,

455
when to be a witness,
396 how granted,

456, 653
compensation of,

494

application to be made on affidavit, 457
appearance by,

523 notice may be given to adverse party, 457
what papers to be served on,
524 may issue to show cause,

457
admission as,

rule i. to whom directed,
(In Justices' Courts.)

what to require,
any one may act as,

534 stay of proceedings by,
ATTORNEY GENERAL-

how to be served,
verification by,

55 how far writ shall extend,
action for usurpation of office by, 310 when return is defective,
AUTHORITIES

transmission of judgment to interior
copy of to be furnished supreme

court,
court,

rule xvii. what constitutes judgment roll upon,
AWARDS

380-389 appeal to supreme court from,
see ARBITRATION.

costs allowed as on appeal,
CHALLENGE-
to jurore,

161
B.

causes of.

to be tried by the court,
BAIL-

(In Justices' Courts.)

590

to jurors,
may be given in arrest,
may surrender or arrest defendant,

CHAMBERS-
may be exonerated,

of judges of supreme court,
liability of,

ot district court,
justification of,

CHARGE
qualifications of,

to the jury,

165, 168
when sheriff is liable as,

CHILD
on arrest in usurpation of office,

see INFANT.
in contempt,

CHOSE IN ACTION-
(In Justices' Courts.)

see THINGS IN ACTION.
on arrest of defendant,

CIVIL ACTION-

see ACTION.
see ARREST, UNDERTAKING.

1-17
BIDDER-

CLAIMS-
delinquent at execution sale, 224,

for personal property,
BILL-

for delivery of,

99-110
of items,

against trustee,
of costs and disbursements,

by third person in replevin,
BILLS-of exchange.

on attachment,

131
action on assignment of, 6

on execution,

218
several liability on, 14
for an office or franchise,

310-316
BLANK-

of mariner or seaman,
not to be left in papers of Justices'

how allowed and contested,
611
action to determine adverse,

627
BOATS-

conflicting to real property,

25+263
see STEAMERS.

264 309
317-332

for partition of real property.
Book-

(In Justices' Courts.
judgment,

201, 378

tor delivery of personal property, 556-551
confession of judgment to be entered

ot third persons for personal property, 666
in judgment,

see PROPERTY, REAL AND PERSONAL;

374
BOND-

TRUSTEE, REPLEVIN, COUNTER
sheriff responsible on his official, for

CLAIMS.

.
arrested defendant,

CLERGYMAN-
judgment on indemni

when to be a witness,

397
see UNDERTAKING.

CLERK-
BOUNDARIES-

to endorse complaint,
see METES and Bounds,

58, 258

to certify copy of complaint,
to file affidavit and bond in arrest, 75, 76
to take down exceptions,
of supreme court to send remittitur, 358

to keep register of action,
CALENDAR-

office of county,

644
of causes in court,

156 to take down testimony in writing, 663
in supreme court, rule xv. COGNOVIT-
CAPACITY

of action,

390
demurrer to want of, to sue,

40 COMMISSION
CAUSE OF ACTION-

to take testimony,

428 444
demurrer to improper joinder of, 40 (In Justices' Courts.)

to want sufficient facts in, 40 justices may issue,
constituting a set-off,

see WITNESS.
separate defenses to refer to,

COMPLAINT-
when several may be joined,

filing of to commence action,

109

Courts,

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47

17

878

380

73

107

COMPLAINT, (Continued.)

CONTINUANCE. (Continued.)
endorsement upon by clerk,

(In Justices' Courts.)
to be answered,

of a cause,

580-585
time to answer,

(in forcible entries.)
to be one of the pleadings,

of a cause,

2, 338
what to contain,

CONTRACT
verification of,

cause of action on,
demurrer to,

attachment upon,
objections to, to be in demurrer,

CONTROL-
how served when amended,

see JURISDICTION.
answer to, when verified,

CONTROVERSY-
upon written instrument,

court to determine,
for recovery of real property,

submission of without action,

377
on libel or slander,

affidavit upon,

377
answer to,when demurrer is overruled, 67

at to be entered on,
on injunction,

112
to be entorced,

379
verification of,
113 appeal may be had on,

879
for partition of real prop-

submission of, to arbitration,
erty,

266, 267, 273, 275 CONVERSION-
on usurpation of office,

310 arrests on,
against steamers and boats,

319

(In Justices' Courts.)
new, need not be filed against joint

arrest on,
debtors,

CONVICTA
of parties refusing to testify, strick-

not to be witnesses,
en out,

420 to answer to previous conviction,
on intervention,

COPARTNERS
(In Justices' Courts.)

may be witnesses for themselves,
what to contain,

570, 573 when summoned in firm's Dame,
on written instrument,

677 CORPORATION-
(In Recorders' Courts,)

636 how summoned,
COMPROMISE-

how to verify pleadings,
offer to,

how to be enjoined,

117
(In Justices' Courts.)

rights and shares of, attached, 124, 125
offer to,

may be sued by judgment creditor, 244
CONCEALMENT-

(In Justices Courts.)
of defendant,

how summoned,

542
of property in replevin,

CORRECTION-
(In Justices' Courts.)

of a verdict,

172
of defendant,
543 of an award,

387
of property from officer,

663 Costa-
CONDITIONS-

on discharge of writ of attachment, 149
performance of, how pleaded,

when plaintiff's shall not recov.
CONFESSION OF JUDGMENT-
374 376

255, 390, 498
(In Justices' Courts.)
536 in partition of real property,

308
CONSOLIDATION-

on usurpation of office,

316
of actions,

allowed on writ of mandate,

477
CONSTABLE

prevailing party allowed,

494
shall not act as attorney,
534 when allowed to plaintiff,

495
to serve summons,

542

when allowed in only one action, 496
power of after term has elapsed, 615 detendant to recover,

497
CONSTRUCTION

when allowed or not,

498
of allegations to be liberal,

several defendants may recover,

499
of words in this act,

when in discretion of court on appeal, 500
CONTEMPT-

of referees,

504
of judgment debtor,

on postponement of trial.

505
of third persons under an execu-

on tender before trial,

506
tion,

against administrator or trustee,

507
for disobeying a subpæna,

on certiorari, or review,

508
what is deemed a,

court tax,

509
when committed in or out of

memorandum bill of,

510
court,

judgment to include,

511
court to direct as to bail,

non-resident to give bond for, 512-514
sheriff to arrest on warrant for,

when execution may issue for, 665
bail on arrest for,

485 (In Justices' Courts.)
return of warrant,
486 to be entered with judgment,

598
case to be heard on,

allowed to prevailing party,

631
court to decide on,

justice may require deposit,

634
is also indictable,

COUNTER CLAIM-
non-appearance after bai).

see SET-OFF,
person committing, when to be con-

(In Justices' Courts.)
fined,

492 may be pleaded,
judgment or order on, becomes final, 493 COUNTY

when actions to be tried in,

18-21
justice may punish for,
616 to be stated in summons,

24
CONTINUANCE-

in complaint,
of a cause for an absent witness, 158 COUNTY COURT
of a cause for unreturned commission, 436 act organizing,
examination of witness on,

6641
terms of the,

p. 7

60

481,

O

491

676

judgmices Couris ish for,

p. 316

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