INQUEST-continued.

cannot regularly be taken before defendant's time to amend expires, 366 c.
cannot be taken after the jury are discharged, 366 a.

a party is not bound to waive an inquest regularly taken, 366 e.

court will not be set aside, if regularly taken and if answer is frivolous, 366 j.
on setting aside, defendant may be put under terms, 366 k.

defendant may appear on, and cross-examine the plaintiff's witnesses, and
except to the evidence, 366 i.

claim admitted by pleading to be allowed on, 366 h.

in superior court, 365 b.

See Affidavit of Merits.

INQUIRY of damages, writ of, when it may issue, 350 d, e, f.
INSANE PERSON, discharge of, from arrest, 278 f.

service of summons on, 146 e.

See Unsound Mind.

INSOLVENT DEBTORS, jurisdiction of county court as to, 41.

security for costs in actions by, in certain cases, 468.
provisions of revised statutes as to, retained in force, 636.

INSPECTION. See Admission or Inspection, Discovery.
INSTALLMENTS, execution for, on judgment by confession, 560.
action for, on bond, 55.

INSTRUMENT, parties to actions upon, 112.

costs, where several actions on one instrument, 473.
for payment of money, action or defence on, how pleaded, 235, 240.
in justices' courts, 66.
allowance in addition to costs, in action for construction of, 488.
See Sealed Instrument.

INSUFFICIENT ANSWER, meaning of the term,

INSURANCE POLICY, complaint upon, 174.

consolidating actions on, 249 h.

218 e.

INTEREST, on verdict or report of referee, when allowed, 494.

when jury may assess, 370,

by way of penalty on appeal, 29 i.

not to disqualify a witness, 580.

party in, to sue, 94.

all parties in, to be joined, 108, 110.

when all parties in, need not be joined, 110.

INTERLOCUTORY Costs, how collected, 503.

within what time to be paid, 666.

power of clerk to tax, 496 f.

proceedings, case on certiorari to remove, 668.

INTERMEDIATE ORDER, when may be reviewed in court of appeals, 22.
INTERPLEADER, when it will be ordered, 117, 118, 119, 120.

INTERROGATORIES, how settled, &c., 590 i.

examination on, by consent, 596.

INUENDO, when necessary, 240 b, c, 241 a.

IRREGULARITY, notice of motion for, to specify irregularity complained of, 662,
663 a, b, c, d.

when waived, 609 h, 190 d.

in judgment to be taken advantage of within a year, (8 Pr. R. 312.)

IRRELEVANT or redundant matter may be struck out on motion, 229.

applicable to new matter only, 229 e.

in a demurrer, 229 f.

motion to strike out when and how made, 229.

what will be struck out, 230.

not be struck out, 233.

what is irrelevant matter, 211 i.

IRRELEVANT OR REDUNDANT MATTER-continued
cannot be demurred to, 183 f.

order refusing to strike out is not appealable, 234 ƒ.
motion to strike out not a substitute for a deinurrer, 230 e.
waiver of objection to, 230 b, c.

ISSUES, different kinds of, 357.

feigned, abolished, 80. See Feigned issue.

when they arise, 357.

when issues of fact arise, 357.

when issues of law arise, 357.

of law and fact may arise in one action, 358.

when there are issues of law and fact, the issues of fact to be first tried,
uuless court otherwise order, 358.

practice in cases where there are issues of law and fact to be tried,
358 a, b.

must all be disposed of before judgment can be entered, 358 c.

trial is the judicial examination of, 358.

how tried, 359.

may be tried in any place the parties may agree upon, 360 ƒ.

may be referred, 384, 385, 387.

should be joined as to all defendants before cause noticed for trial,
367 b.

of law to be tried by the court, unless they are referred, 359.

of fact in action for the recovery of money only, or specific real or per-
sonal property, or for a divorce, to be tried by a jury, unless jury trial
is waived, or a reference be ordered, 359.

in other actions, to be tried by the court, except a jury trial or a refer-
ence be ordered, 359.

of fact triable by the court may be tried at circuit or special term,

661.

a jury or by the court, to be tried before a single judge,
359.

of fact in the supreme court, to be tried at a circuit when the trial is by
jury, otherwise at circuit or special term, 359.

of law to be tried at a circuit or special term, 360, 360 g.

of law to have preference on the calendar, unless the court otherwise di-
rect, 360.

of law on the general term calendar of the supreme court in the first
district transferred to the special term, 360.

either party may notice for trial, 360.

note of, to be furnished to clerk, 360.

to be entered on calendar, 360.

how disposed of, on the calendar, 363.

of fact joined in a county court before July, 1848, 440.

of fact cannot be sent to be tried by a sheriff's jury, 359 d.

date of, 363 b, 531 d.

when either party may bring to trial, 364.

when considered as joined, 392 d, 412 i.

of law, judgment on, 383.

in divorce cases, 679.

See Note of Issue, Trial, Verdict.

ITEMS OF ACCOUNT, when need not be inserted in pleading, 227.

how to be delivered, 227.

further particulars of, 228.

J.

JAIL LIBERTIES, jurisdiction of the county courts as to, 39 c, 41.

extent of, 427 f.

defendant entitled to, 427 f.

JAILOR, cannot be bail, 284 c.

JOINDER of causes of action, 243, 249.

of defences, 204-207.

of parties, 108. See Parties.

JOINT and several debtors, proceedings against, where the summons is served on

one or some of the defendants only, 152.

where the summons is served on all the defendants, 152.
provisions of revised statutes as to, 154.

judgment in actions against, 406 to 409.

execution against, where only some are served, 429 g.

contractor, examination of, as a witness on his own behalf, 577.

debtors, attachment against, 323 d.

judgment for want of answer against, 349 d.

debtors, heirs, devisees, legatees, and tenants holding under a judgment
debtor, proceedings against, 155 c, 553.

on judgment against one of several joint debtors, those not served
may be summoned to show cause why they should not be bound by
the judgment, 553.

if judgment debtor die after judgment, his heirs, devisees, or legatees,
or the tenants of real property owned by him, and affected by the
judgment, may be summoned to show cause why judgment should
not be enforced out of estate of deceased, 554.

form of summons, 554.

summons to be accompanied by affidavit of amount due, 554.

answer by party summoned, 554.

subsequent proceedings the same as in an action, 555.

answer and reply to be verified as in an action, 555.

attachment may issue to compel application of property to payment of

the judgment, 555.

payment by one, does not revive liability of the others, 94 c.

reference, when ordered, 392 h.

stock companies, may sue and be sued in the name of their president, 100 a.

parties to actions against, 95 c.

JUDGE not to sit in cause in which he is a party, 58.

order of, when enforced in same manner as an order of the court, 305.
inability of, to hold a special term, circuit court, or sit at general term, or
preside at oyer and terminer, provided for, 37 6, 38.

at chambers, does not act as a court, 38 d.

attachment for contempt may be made returnable before, 464.
cannot entertain a motion for an extra allowance, 491 b.

cannot entertain motion for new trial, 601 f.

in arrest of judgment, 601 f.

for certiorari, 38.

petition for discharge of imprisoned debtor,
38 h.

appeal from order of, a motion, 600 g.

cannot extend the time to make a case after the ten days for

making it have expired 604 c.

county judge has power of, in actions in the supreme court, 602.
adjustment of costs by, 498.

JUDGE-continued.

of court of appeals may adjourn court, 31.

absence of, provided for, 31 g.

orders by, 653.

may enlarge time for taking any proceeding, 653.

may take part in deciding cases in which they took part

in deciding below, 31 b.

of supreme court, may be appointed to supply places of judges of court of
appeals, 31 g.

to transact business out of court, 38.

business commenced before one judge in first judicial dis-

trict, may be continued before another, 38.

has power throughout the State, 38 a, 38 c.

has the special jurisdiction before the code vested in vice-
chancellors, &c., 38 e.

inability of, 38.

of superior court, to take no fees for services, 50.

to be elected, 51.

how voted for, 51.

how classified, 51.

vacancies in office of, how supplied, 52.
salaries, 52.

of New York common pleas, review of orders of, 709.
of Brooklyn city court, powers of, 49.

of county court, powers of, 602. See County Judge.
UDGMENT, defined, 345, 344 e.

order is not, 343 e.

dismissal of complaint is, 343 d.

decision of court on demurrer is, 343 a, b, 344 c, d.

on motion, under section 247, is? 343 c.

an order at general term reversing a judgment is not, 343 f.
distinction between, and order, 344 a.

the words rule and order in no case inean judgment, 344 b.
clerk to enter pursuant to verdict, 372.

manner of entering, 405.

provisions as to, directory merely, 417 h.

clerk to insert costs in entry of, 495.

interest on, 495.

may be for one or more of the parties and against the others, 405.

may determine the ultimate rights of the parties as between them-
selves, 405.

may grant affirmative relief to defendant, 406.

may be against one of several defendants, leaving the action to proceed
against the rest, 406 to 410.

against joint debtors, 406 to 410.

where there are issues of law and fact, cannot be entered until both
issues are disposed of, 416 e.

where defendant has appeared the plaintiff cannot on taking judgment
for want of an answer for special relief, settle the form of the judg
ment ex parte, 416 f.

against joint debtors where only one or some of the defendants were
served, 152.

effect of such judgment, 152 d.

against one of several defendants, 152.

against some only of the defendants served, when it may be entered, 152.
against several heirs of a person dying intestate, 155 6.

against the several parties to bills and notes, 154 c.

need it state the particular kind of execution to be issued? 427 c, 425 d.
in an action against a principal and his surety, cannot adjust the rights of
the defendants as between themselves, 407 c.

in the alternative, 414, 415 a, b.

JUDGMENT-continued.

to be entered in judgment book, 416.

to specify clearly the relief granted, 416.
when and how docketed, 418.

entry on docket of, "secured by appeal," 418.

for plaintiff after attachment, how satisfied, 334.

on report of referee, when may be entered, 400 c, d, 415 c.

notice of entry of, should be given, 400 e, 416 f.

where party dies, after report and before judgment, 400 f.
valid as to matters adjudicated, 400 g.

either party may review, 400 k.

appeal from, within what time, 401 d.

on issue of law, 383.

on bond and warrant, &c., executed before July, 1848, 614.
by confession, in justices' court, 55, 56 b, j, 57, 58 e.

in courts of record, 555. See Addenda.

by consent, 58 e.

on recognizance, 46 c.

of court of appeals, how pronounced, 30.

when not conclusive, 31 a.

of superior court, how pronounced, 50.

of New York common pleas, how pronounced, 50.
of supreme court general term, 34.

how pleaded, 234.

answer to complaint on, 201, 202.

when application for, to be to the general term, 376.

two, for same demand not regular, 517 f.

in action to recover possession of personal property, 414, 415 b.

de melioribus damnis, 371 a, 409 e.

of affirmance, what is not, 649 c.

or reversal, by default in court of appeals, 652.

of forfeiture against a corporation, 622.

order on petition may be enrolled or docketed as, 667.
on failure of defendant to answer, 344. See Default.

after demurrer to complaint overruled, 347 h.

after order striking out answer as sham, &c., 215 c, 357 b.

in action against several defendants jointly liable, judgment for want of
an answer cannot be entered until time to answer of all the defend-
ants has expired, 349 d.

after offer may be entered without leave of court, 416 d.

when to be entered on direction of a single judge, or report of referees,
subject to review at general term, 415, 416.

injunction to restrain proceedings on, what security required, 315 d.

against the sheriff, on his liability as bail, proceedings on, 290.

in foreclosure cases, 670.

on special verdict, 367.

for the dismissal of the complaint. See Dismissal of Complaint,
on trial by the court, of a question of fact, 378.

on frivolous demurrer, answer or reply, 352.

when motion costs cannot be inserted in, 502 h.

on appeal, there can be no allowance in addition to costs on, 488 a.
taken against a party through his mistake, inadvertence, surprise, or ex-
cusable neglect, court may relieve from, 266.

how enforced, 424,

after death of judgment-debtor, 421.
creditor, 422.

against executors, 422.

when a lieu on real estate, 418, 419.

of United States court, provisions of code as to lien of judgment ex-

tend to, 418 a.