SPECIAL TERMS FOR THE TRIAL OF ISSUES OF LAW, AND FOR MOTIONS, ETC.

Regulating the hearing of Appeals from the Marine and Justices Courts of the city of New York.

(See Code, § 34, also Title 2, Chap. 5)

1. If the appellant does not procure the return to be made to this court, within the time prescribed in section 360 of the Code of Procedure, the respondent may serve a notice in writing, requiring the same to be done within ten days thereafter, and that in default thereof, he will apply at the general term, on the first day thereof, for an order dismissing the appeal; and upon proof of the service of such notice, and

of a non-compliance therewith, such order will be granted, unless the court grant further time therefor.

2. If the court below shall not make the return to this court as prescribed by the code, the appellant may apply by motion to a judge at chambers, to compel such return by attachment.

3. If the return be made and noticed pursuant to the code, the appeal shall be heard on written arguments or points. The appellant shall serve his argument or points on the respondent or his attorney, at least five days before the commencement of the term. The respondent shall serve his answer on the appellant or his attorney, before the first day of the term. The appellant may reply thereto, and the case shall be submitted to the court, on such first day of the term for which the same shall be noticed. Only one copy of the argument and points shall be prepared, and if either party omit to serve or submit his points or arguments as above specified, he will be deemed to have waived the right to do so.

4. Either party may move at chambers, before the first day of the general term, on notice, that the appeal be argued orally; and, on good cause being shown therefor, such motion may be granted.

5. The clerk shall make a separate calendar of such appeal cases. 6. The appellant or respondent may furnish a fair copy of the original papers, for the use of the court.

INDEX

TO THE

SUPPLEMENTAL NOTES.

[THE REFERENCE IS TO THE PAGE.]

A.

ABATEMENT, matter in, if waived by proceeding on matter in bar, 33, 90.
by death of parties, or transfer of cause of action, 50.

ABSENT DEFENDANT, saving right of, 57.

ACTION, every action is an action on the

on a judgment, 38.

by committee of lunatic, 43.

parties to, 40 to 52.

for divorce, 286.

case,

38.

against husband and wife for debts of wife before marriage, 47.

for partition, parties to, 48.

of ejectment, parties to, 45, 46, 48.

order for revivor of, 50, 51, 287.

supplemental, when necessary, 51.

cause of, where it arises, 52.

one not served with process is not a party to, 54.

when dismissed for neglect to serve copy complaint, 56.

an action to recover a money demand is not an action affecting the

title to real property, 57.

consolidating, 122.

to recover possession of personal property, 135.

no authority in the code for the submission of, 240.

fictitious, court will not take cognizance of, 240.
parol agreements, as to proceedings in, 287.

See Right of action, Thing in action.

ADMISSIONS in pleadings, 95, 123.

AFFIDAVIT, amendment of, 129, 272.

when copy of, must be served with order, 271.

omitting to serve copy of, with order does not make the order a
nullity, 270.

title of, what it embraces, 271.

AFFIRMATIVE RELIEF, answer need not contain any prayer for, 83.

right of court to grant, 155.

how applied for, 170.

AGENT is a competent witness against his principal, 261.
ALLOWANCE. See Extra allowance.

AMENDMENT-

of enrollment of decree of late court of chancery, court of appeals may

order, 18.

of order on decision of the court of appeals, 20.

of pleadings in justices' courts, 33.

effect of, on demurrer already pleaded, 75.

on the trial, 124, 272.

of course, when proper, 125.

ANSWER in supreme court after title set up in justice's court, 32.

APPEAL-

of matter in abatement, when waived, 33, 90.

by married woman, 44.

by the several parties to a bill or note sued in one action, 50.
within what time to be put in, 56.

time to answer after order for publication, 57, 71.

of one defendant need not to be served on the other or others, 71.

effect of obtaining time to answer, 71, 287.

in action for slander, 117, 119.

how to deny allegations in complaint, 76, 81.

of new matter, 80, 83.

asking affirmative relief, 83.

may set up any defence which would have been a defence under the
former system, 83.

in action for converting personal property, 83.

in action to foreclose mortgage, 83.

in action on bills or notes, 84, 145.

setting up a tender, 84.

by corporation, 84.

of former suit pending, 84.

in action on a judgment, 84.

amounting to a counter-claim, 85.

several defences in, 88.

when not double, 90.

and demurrer, when not allowed, 90.

sham and frivolous, what is, 90, 91.

motion to strike out as false, 91.

demurrer to, when allowed, 93.

is it evidence for defendant, 102.

containing denial only, does section 160 apply to, 105.

cannot be stricken out as irrelevant, 106.

must state every defence intended to be relied upon, 123.

supplemental, a substitute for a plea puis darrien continuance, 130.
See Pleading.

does section 121 of the code extend to an appeal? 51.

from decision at the circuit, 158, 161.

does not lie from a voluntary nonsuit, 223.

from a special proceeding, costs on, 223.

voluntary dismissal of, is no bar to a further appeal, 224.
is a statutory remedy, and must be strictly pursued, 224.
who may appeal, 224.