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SECTION 62. Proceedings where several causes of action, and answer of
title as to one,
........... .....
63. Docketing justices' judgments, and effect thereof.,...
64. Rule in justices' courts,
RULE 1. The pleadings,...
2. Pleadings, how put in,
3. Complaint,
4.
....
Answer,
5. Pleadings, what to contain,
6. Demurrer,
............
.........
27
28
7. Proceedings in demurrer,..
8. Plaintiff to prove his case, if defendant do not appear,.....
9. Proceedings in action on account or instrument for the pay-
ment of money only.....
10. Variance, when disregarded,.
11. Amending pleadings,..
Of Justices' and other Inferior Courts in Cities,..
CHAPTER I. The marine court of the city of New-York,
II. The justices' courts in the city of New-York,
III. The justices' courts of cities,.
IV. General provisions,.
CHAPTER I.
The Marine Court of the City of New-York,...
SECTION 65. Its jurisdiction,..
CHAPTER II.
The Justices' Courts of the City of New-York,. .
SECTION 66. Their jurisdiction,
SECTION 68. Section 55 to 64 applied to the courts embraced in this title.
31
TITLE I.
Of the Form of Civil Actions,
32-33
SECTION 69.
70.
Distinction between actions at law and suits in equity, and
forms of such actions and suits, abolished,
Parties to an action, how designated,..
.......
71.
72.
Actions on judgment, when and how to be brought,.
Feigned issues abolished and orders for trial substituted,..
The Time of commencing Actions in General,.
SECTION 73. Repeal of existing limitations,...
74. Time for commencing civil actions,.
The Time of commencing Actions for the Recovery of Real
Property,
SECTION 75. When the people will not sue,
76. When action can not be brought by grantee from the state,
77. When action by the people or their grantees to be brought
within twenty years,.
78. Seisin within twenty years, when necessary in action for
real property,
79. Seisin within twenty years, when necessary in action or de-
fence founded on title to or rents of real property,......
80. Action must be commenced within one year after entry, or
within twenty years after right of entry,.....
81. Possession when resumed.
title, unless adverse,
Occupation deemed under legal
33-34
33
82. Occupation under written instrument or judgment when
deemed adverse,....
83. What constitutes adverse possession, under written instru-
ment or judgment,.
84. Premises actually occupied, under the claim of title, deem-
ed to be held adversely, .
85. What constitutes adverse possession under claim of title
not written,.
86. Relation of landlord and tenant, as affecting adverse pos-
The Time of commencing Actions other than for the Reco-
very of Real Property,....
SECTION 89. Periods of limitation prescribed,.
90. Within twenty years,
When cause of action accrued, in an action upon a current
account,......
........
34-38
39-41
Actions for penalties, &c., by any person who will sue,
when to be brought,
...........
...............
Actions for relief, not before provided for,.
Actions by the people subject to the same limitation,.....
CHAPTER IV.
40
41
General Provisions as to the Time of commencing Actions, 41-43
SECTION 99. When the action deemed to have been commenced,.
100. Exception, where the defendant is out of the state,
101. Exception, as to persons under disabilities,
102. Provision where person entitled dies before the limitation
expires,...
103. In suits by aliens, time of war to be deducted,
Provision, where judgment has been reversed,.
104.
105. Time of stay of action by injunction or statutory prohibi-
tion to be deducted,
106.
Disability must exist when right of action accrued,.
.....
107. Where two or more disabilities, limitation does not attach
till all removed,
108. This title not applicable to bills, &c., of corporations, or to
bank notes,
109. Nor to actions against directors or stockholders of monied
corporations or banking associations. Limitations in'
such cases prescribed,...
110. Acknowledgment or new promise must be in writing,..........
TITLE III.
Of the parties to Civil Actions,....
SECTION 111. Action to be in the name of the real party in interest,
Assignment of a thing in action not to prejudice a defence,
Executor or trustee may sue without the persons benefi-
cially interested,
112.
113,
114. When married woman is party, her husband to be joined,
except, &c.,
115. Infant to appear by guardian,.
116. Guardian, how appointed,
117. Who may be joined as plaintiffs,
118. Who may be joined as defendants,.
119. Parties united in interest, when to be joined. When one
or more may sue or defend for the whole,.
120. Plaintiff may sue in one action the different parties to
commercial paper,
121. Action when not to abate by death, marriage, or other
disability, &c. Proceedings in such case,
122. Court when to decide controversy, or to order other par-
ties to be brought in,
TITLE IV.
Of the Place of Trial of Civil Actions,....
49-51
SECTION 123.
Certain actions to be tried where the subject or some part
thereof is situated,..
124. Other actions, where the cause or some part thereof arose,
125. Other actions, according to the residence of the parties,.
126. Action may be tried in any county unless defendant de-
mand trial in proper county,
Of the Manner of Commencing Civil Actions,
SECTION 127. Actions how commenced,
128. Summons, requisites of,
SECTION 129. Notice to be inserted in certain actions,.
130. Complaint need not be served with summons. In such case
what to be stated in summons and.proceedings thereon,
131. Defendant unreasonably defending, when to pay costs,....
132. Notice of pendency of action affecting title to real property
133. Summons, by whom served,..
134. Summons, how served and returned,..
135. Publication when defendant can not be found,
136. Proceedings when there are several defendants, and part
only served,...............
137. When service deemed made in case of publication,....
138. Service of summons how proved,..
139. When jurisdiction of action acquired,
III.
IV.
V. General rules of pleading,.
................
VI. Mistakes in pleading and amendments,
The Complaint,
SECTION 140. Forms of pleadings inconsistent with this act abolished,.
141. First pleading to be complaint,.
142. Complaint, what to contain,
SECTION 143. Defendant to demur or answer,....................................................
When the Defendant may demur,...
144.
145.
Demurrer must specify grounds of objection to complaint,
146. How to proceed if complaint be amended,
147. Objection not appearing on complaint may be taken by
answer, ...
148. Objection, when deemed waived,.
CHAPTER III.
The Answer,
SECTION 149. Answer what to contain,
150. May set forth as many grounds of defence as exist,....
151. Demurrer as to some causes of action, and answer as to
others,
152. Sham defences to be stricken out......
......
The Reply,..
SECTION 153. Reply, when to be put in, and what to contain,
154. When defendant may move for judgment upon an an.
SECTION 156. No pleading but complaint, answer, reply and demurrers,
160. Irrelevant or redundant matter to be stricken out,..
161. Judgments how to be pleaded,
63
64
64 68
SECTION 162. Conditions precedent, how to be pleaded,
163. Private statutes, how to be pleaded,
164. Libel and slander, how stated in complaint..
165. Answer in such cases,
166. In actions to recover property distrained for damage, an-
swer need not set forth title,.
167. What causes of action may be joined in the same action,..
168. Allegation not denied; when to be deemed true,.......
CHAPTER VI.
Mistakes in Pleading, and Amendments,
SECTION 169. Material variances, how provided for,....
170. Immaterial variances, how provided for,..........
171. What to be deemed a variance,
172. Amendments of course,.........................................................................................
173. Amendments by the Court,
174. Amendment after demurrer,
69-72
......................
175. Suing a party by a fictitious name, when allowed,...
176. No error or defect to be regarded, unless it affect substan-
tial rights,.
177. Supplemental complaint, answer and reply,
TITLE VII.
Of the Provisional Remedies in Civil Actions,.
CHAPTER 1. Arrest and bail,
...
73-96
II. Claim and delivery of personal property,
III. Injunction,
V. Provisional remedies,
.............
Arrest and Bail,...
73-80
SECTION 178. No person to be arrested, except as prescribed by this act,
179. Cases in which defendant may be arrested,.
180. Order for arrest, by whom made,....
181. Affidavit to obtain order. To what actions this chapter
184. Affidavit and order to be delivered to sheriff, and copy to
defendant,
192. Delivery of undertaking to plaintiff, and its acceptance or
rejection by him,
193. Notice of justification. New undertaking, if other bail,..
194. Qualifications of bail,................
195, 196. Justification and allowance of bail,
197. Deposit of money with sheriff,.
198. Payment of money into court by sheriff,
199. Substituting bail for deposit,.
200. Money deposited, how applied, or disposed of,.
201. Sheriff when liable as bail; and his discharge from liability
202. Proceedings on judgment against sheriff,
80