ACTIONS-continued.

consolidation, 817-813.

severance of, 456, 511, 1205, 1220.

on undertaking given on injunction, 625.

on undertaking given on appeal, 1309.

to recover attached property, etc. 655, 677, 680.

time for commencement or continuance cannot be extended, 784.

against one or more defendants after several judgment against others, 1905.
to recover property levied upon, 1420.

to recover back purchase price of execution sale, 1479, 1480.

not allowed on mortgage debt, except, etc. 1628-1630.

for money only, not affected by provisions as to nuisance, 1663.

against guardian, etc., holding over, etc.; damages therein, 1664.

for real property, when infant may maintain, 1686.

on undertaking in action for chattel, when maintainable, 1733.

for suing, etc., in name of another, 1900.

for causing death by negligence may be brought by executor, 1908.
for slander of a woman by imputing unchastity, 1906.

when, for libel cannot be maintained, 1907-1908.

by transferee of claim, 1909.

upon judgment regulated, 1913.

ancillary, for discovery abolished, 1914.

upon a penal bond, 1915.

by surety or trustee, to recover costs, 1916.

upon lost negotiable paper, 1917, 1918.

by tax payer, against a public officer, 1925.

by and against certain county, town, and municipal officers, 1926-1931.
to charge joint debtors not personally served with summons, 1937-1941.
composition by one joint debtor; effect of, etc. 1942-1944.
against persons engaged in transporting passengers, etc. 1945.
may be maintained against partner, not joined as defendant in, 1946.
certiorari cannot issue to court of record or judge thereof, 2121.
for damages by person dispossessed by summary proceedings, 2263.
by person wrongfully evicted from real property, 2318.

to compel conveyance of real property of lunatic, infant, etc. 2345-2347.
against party revoking, to recover costs, etc., of arbitration. 2384, 2385.
on undertaking on appeal from surrogate's court, when not brought, 2575.
on bond of executor, etc., for money received in any capacity, 2596-2609.
temporary administrator, how far may maintain or defend, 2675.

time of pendency of, between creditor and executor, etc., extended, 2751.
for reimbursement from after-discovered property, after sale, etc. 2801.
definition of, as used in the new revision, 3333.

division of actions into civil and criminal, 3335.
definition of criminal action, 3336.

id.; of civil action, 3337.

parties to civil action how styled, 3338.

distinction between actions at law and suits in equity abolished, 3339.

application of provisions concerning commencement of action, 3347, 3348.
proceedings rightfully taken in, not affected by this act, 3352.

by or against unincorporated association. (See AssoCIATION.)

by or against corporation. (See CORPORATION.)

for proceedings, etc., in action for divorce and for separation. (See DIVOROB
SEPARATION.)

for proceedings, etc., in action to aunul marriage. (See MARRIAGE.)

pendency of. (See NOTICE OF PENDENCY OF ACTION.)

in behalf of the people. (See PEOPLE OF THE STATE; ATTORNEY-GENERAL.)
for public funds converted. (See PUBLIC FUNDS.)

to establish wills. (See WILL.)

against next of kin, heirs, etc., of deceased debtor. (See CREDITOR.)

ACTION FOR A CHATTEL-certain writs abolished, 1688.

when, may be maintained, 1689.

when cannot be maintained, 1690.

second, cannot be maintained after judgment against plaintiff, etc. 1601.
when, may be maintained by assignee, 1692.

jurisdiction, etc., when replevin precedes summons, 1693.

when plaintiff in, may require sheriff to replevy, 1694.

requisites of affidavit for replevin, in, 1695, 1696.

id.; where several chattels are to be replevied, 1697.
provision where part only of chattels is replevied, 1698.
requisites of plaintiff's undertaking for replevin, 1699.
duty of sheriff in replevying chattel, 1700.

ACTION FOR A CHATTEL-continued.

how chattel to be taken from building, in, 1701.

replevied chattel, how kept; sheriff's fees, how taxed, tc. 1702.
when defendant may except to sureties; proceedings thereon, 1703.
when defendant may reclaim chattel; proceedings thereupon, 1704.
sureties in undertaking, when and how to justify, 1705.
when and to whom sheriff must deliver chattel, in, 1706.
penalty for wrong delivery by sheriff, in, 1707.
undertaking in, to whom to be delivered, 1708.

claim of title by third person; proceedings thereupon, 1709.
action against sheriff on such claim of title, 1710.

indemnity to sheriff against such action, 1711.

when agent, attorney, etc., may make affidavit in, 1712.

second and subsequent replevin; proceedings thereupon, 1713.
replevin in, when order of arrest granted, 1714.

return by sheriff after replevin, in, 1715, 1716.

replevin papers to form part of judgment-roll in, 1717.

action not affected by failure to replevy, 1718.

when and how plaintiff may abandon his claim in part, 1719.
title how stated in pleading, in, 1720.

wrongful taking or detention how stated in complaint, 1721.
damages when chattel injured by defendant, 1722.

answer putting plaintiff's title in issue in, 1723.

answer that chattel was distrained doing damage, 1724.
defendant in, may demand judgment for return, 1723.
verdict, etc., in, what to state. 1726.

substitute in certain cases for finding of value in, 1727.
verdict, etc., for part of several chattels; judgment, 1728.
damages how ascertained on default, in, 1729.

final judgment in ; docketing, etc. 1730.

execution in; contents thereof, etc. 1731.

sheriff's power to take chattel in such execution, 1732.

action on undertaking in, when maintainable, 1733.

sheriff's return is presumptive evidence in such action, 1734.

injury, etc., no defence to such action, except, etc. 1735.

abatement and revival of, 1736.

action for chattel forfeited by statute, 1893.

when plaintiff entitled to costs, of course, in, 3228.

when defendant entitled to costs, of course, in such action, 3229.
when increased cost allowed to defendant, 3258, 3259.

costs allowed on settlement of such action, 3260.

application of provisions concerning, after July 1, 1879, 3347.

ACTION IN JUSTICE'S COURT, GENERALLY-jurisdiction of, 2861-2869.
on bond given by third person on claim to property attached, 2913.

when defendant in such action, maintain action on such bond, 2914.

on undertaking in action for chattel; evidence therein, 2931.

when cannot be maintained for cause constituting a counterclaim, 2947, 2948.

new, to be brought, after answer of title, 2953.

when may be maintained to recover costs paid on answer of title, 2954.

for damages against defaulting witness, 2979.

on judgment against joint debtors, 3021.

may be maintained to recover back costs, wrongfully collected, 3081.

against person suffering, etc., animals to stray, 3082.

fees and cost in, amount of, 3322-3328.

(See, also, FLES.)

by owner of animal wilfully set at large, 3099.

by petitioner and by officer in such case, 3100.

how and by whom action for seizing animal maintainable, 3108.

transfer of, to another justice when justice disqualified, etc. 3150-3152.

for false imprisonment against sheriff, refusing to discharge debtor, 3035.

against constable for not returning execution, etc. 3039.

d.; for failure to pay over money collected, etc. 3041.

application of provisions as to courts of record, to N. Y. marine court, 3159.
ransfer of, pending in local courts, to supreme court, 3197.

County court may remove to itself such local actions, when, 3200.

jurisdiction of city court of Yonkers, in civil actions, 3203, 3204.

provisional remedies in New York district courts, and justices' courts of Albany
and Troy, 3210.

ACTION FOR A CHATTEL, IN JUSTICES' COURT-jurisdiction, 2862.
when action for a chattel may be brought. 2919.

plaintiff may procure replevin; affidavit and undertaking, 2920.

ACTION FOR A CHATTEL, IN JUSTICES' COURT--continued.
requisition, 2921.

requisition; how execnted; service of summons, etc. 2922.
retus of constable, 2923.

defendant may except to sureties; proceedings thereupon, 2924.
defendant may reclaim chattel; proceedings thereon, 2925.
justification of sureties, 2926.

when defendant may be arrested for taking, etc., chattel, 2895.
when and to whom constable must deliver chattel, 2927.
penalty for wrong delivery by constable, 2928.

claim of title by third person, 2929.

defendant may demand judgment for return, 2930.
proceedings in the action; action on undertaking, 2931.
proceedings when summons not personally served, 2932.
when action not affected by failure to replevy, 2983.
undertaking given in such action, when available, 2957.
transcript of judgment in action, and docketing, 3019.
execution upon justice's judgment in such action, 3038.

when may be brought before justice of the peace in Brooklyn, 3117.

in district court of New York, or justice's court of Albany or Troy, 3210, 3211.

when may be brought in district court of New York, 3215.

id.; when may be brought in justices' court of Albany and Troy, 3223.

ACTION TO FORECLOSE LIEN UPON A CHATTEL-when maintainable, 1787.
warrant to seize chattel; proceedings thereupon, 1738.

contents of judgment in, 1739.

action in inferior court, 1740.

application of foregoing provisions, 1741.

may be brought in district court of New York, 3215.
id.; in justices' courts of Albany and Troy, 3223.
id.; in city court of Yonkers, 3203.

ADJOURNMENT-of court of record, proceedings on, 34.
when judge fails to appear, 35, 36.

in case of war, etc. 41.

not to produce abatement, etc. 44.

of proceedings on application of debtor for discharge, 2212.

of trial on submission of controversy to arbitration, 2368.

in action before justice of the peace; when justice may adjourn, 2959. ·

id.; adjournment on application of plaintiff, 2960.

id.; adjournment on application of defendant, 2961-2964.

id.; subsequent adjournments, 2965.

id.; justice may impose conditions upon adjournment, 2966.

id.; adjournment when attachment against absent witness is issued, 2967.

id.; adjournment not to exceed ninety days, 2968.

id.; when commission is issued, 2983.

of trial of certain marine causes, in N. Y. marine court, 3186.

ADMEASUREMENT-of dower. (See DOWER.)

ADMINISTRATOR--with will annexed; when letters may be issued, 2643.
id.; application for; proceedings thereupon, 2644.

id.; renunciation, etc., of persons having prior right, 2644.

id.; must qualify, give bond, etc. 2645.

id.; must be cited on application for revocation of probate, 2649.
id.; must suspend proceedings pending such application, 2650.
who may apply for appointment of, 2660.

petition for appointment of, 2660.

what must be shown on application, 2661.

citation thereon; effect of renunciation. 2662.

when may be appointed without citation, 2662.

attorney-general and public, when to be cited, 2663.

renunciation of right to administer, how made, 2664.
persons not cited may appear on hearing, 2665.
hearing and decree in such proceedings, 2666.

bond of, 2667.

as to account of. (See ACCOUNT.)

See, also, EXECUTOR AND ADMINISTRATOR; LETTERS OF ADMINISTLATION.
ADMINISTRATOR, TEMPORARY--appointment of, when allowed, 2668.
how appointed, 2669.

id.; upon estate of absentee, etc 2670.

id.; to qualify, 2671.

general powers, etc., of temporary administrator, 2672.

ADMINISTRATOR, TEMPORARY--continued.

id.; as to requiring creditors to present claims, 2673.

id.; as to paying debts, 2674.

id.; as to real property, 2675.

special powers of temporary administrator of absentee, 2676.
id.; may provide for family, 2677.

deposit of money by temporary administrator, 2678-2680.
revocation of letters to. (See REVOCATION.)
collector or special administrator, 2683.

ADMISSION-of service, 434.

of genuineness of papers, 735.

AD QUOD DAMNUM-writ of (see ASSESSMENT OF DAMAGES), 2103.
ADVERSE POSSESSION. (See LIMITATION.)

AF FIDAVIT--want of, or defect in, title of, does not impair, 728.

of merits, inquest for want of, cannot be taken where answer verified, 890
to procure warrant of attachment, 636.

of party or sureties, to undertaking, 812.

before whom may be taken, 842-844.

to prevent notary's certificate from being evidence, 923.

when presumptive evidence, etc. (See EVIDENCE.)

ex parte, when not received in evidence in justice's court, 3004.

when may be received on appeal from justice's judgment, 3056.
id.; when appeal is founded on error in fact, etc. 3057.
and other paper to be filed by justice, 3143.

definition of, 3343.

AFFIRMATION. (See OATHS.)

AFFIRMATIVE RELIEF-demand of in answer, 509, 510, 1204.

ALBANY, JUSTICE'S COURT OF, 2.

county, jail liberties for, 145.

jury lists, 1041.

application in summary proceedings made to justice of, 2234.

service of copy of complaint with summons; proceedings thereupon, 3207
id.; and proof of service, 3208.

action to be commenced by summons, 3209.

provisional remedies, etc., in, 3210, 3211.

proceedings when title to real property is in question, 3212.

appeals, 3213.

effect of this act upon jurisdiction and proceedings, 3214.

when non-resident of city must file security for costs, 3268, 3269.
ALIEN-enemy, limitations of actions, 404.

jury, 1190.

ALIMONY-in action for divorce or separation, 1769.

(See DIVORCE; SEPARATION.)

ALLOWANCE--additional, to plaintiff in foreclosure, etc. 3252, 3253.
id.; to either party in difficult, etc., cases, 3253.

id.; limitation of, under last two provisions, 3254.
how computed on taxation of costs, 3262.

as to allowance by surrogate, etc. (See AccOUNT.)

AMENDMENT--of pleading, 542, 539, 510.

id.; compelled, 545.

of proceedings, etc., by inserting true name, 451,

id.; by bringing in parties, 452.

id.; where errors are immaterial, 722-724.

of return by officer or subordinate court, 725.

not allowed without order, 727.

of bond or undertaking, 730.

by referee, 1018.

provisions as to, in actions, apply to special proceedings, 1997,

of defects in proceedings on appeal from surrogate's court, 2575.

of pleadings in justice's court, 2944.

proceedings on appeal from judgment of justice, 3049.

ANCILLARY LETTERS. (See LETTERS TESTAMENTARY; LETTERS OF ADMINIS-
TRATION.)

ANIMAL-action relating to, found straying, etc. (See STRAYS.)

ANSWER--general rules as to, 500-513.

defence of limitation must be taken by, 413.

ANSWER-continued.

service of, is appearance, 421

must be subscribed, 55, 421.

to be served, 422.

or demurrer, is only pleading on part of defendant, 487.
and demurrer, to different causes of action, 492.

demurrer to, when allowed, 494, 495.

objections to complaint may be taken by, when, 498.
id.; not taken by, or by demurrer, deemed waived, 499.
verification, 523, 527.

when served on co-defendant, 521, 1204.

new matter deemed true, 522.

sham, stricken out, on motion, 538.

failure to answer amended pleading, 543.

may be served within twenty days after arrest, 566.

of a guardian appointed, 1218.

verified to oppose injunction, 630.

stricken out for not making discovery, 808.

when issue raised by, 964.

in partition, may controvert title of plaintiff, etc. 1543.

when court must ascertain rights of parties in partition, 1545.

of defendant, in action to determine claim to real property, 1640, 1641.

of defendant in action for dower, 1648.

title how stated in, in action for chattel, 1720.

putting plaintiff's title in issue, in such action, 1723.

that chattel was distrained doing damage, in such action, 1724.

of defendant in action for divorce, 1757.

what may be set up in, in action for separation, 1765.

when corporate existence need not be proved, 1776.

misnomer in such action deemed waived unless pleaded, 1777.

time to, in action against corporation on note, etc. 1778.

in action against executor, etc.; regulations affecting, 1817, 1824.

when not available in action against legatee, etc., of decedent, 1837.

in action to charge defendant jointly indebted, but not served, 1939.
upon return of precept in summary proceedings, 2244, 2245.

in action for chattel, in justice's court, 2930.

in justices' court, 2938.

id.; general rules of pleading, 2940.

id.; account or instrument for payment of money, 2941.

id.; immaterial variance to be disregarded, 2943.

id.; where executor or trustee is a party, 2946.

id.; consequence of neglect to plead counter-claim, 2947.

id.; the last section qualified, 2948.

id.; answer of title, 2951.

id.; undertaking thereupon, 2952.

id.; in what court new action to be brought, 2953.

id.; when action to be discontinued, 2954.

id.; effect of failure to give undertaking, 2955.

id.; answer of title as to one of several causes of action, 2958.

in new action after discontinuance upon such answer of title, 2957.

in proceedings before justice relative to animal found straying, 3000.
separate owners have separate right to, in such proceedings, 3110.
(See, also, DEFENCE; COUNTERCLAIM.)

APPEAL-general provisions, 1293-1323.

to court of appeals, 190, 191, 1324-1339.

to supreme court from inferior court, 1340-1345.

to the general term from chambers or special term, 1346-1355.

from final determination in special proceeding, 190, 192, 1356-1361.

to court of sessions, in certain cases, 48.

from, removal of cause, 271.

by party appearing, as poor person, 466.

from judgment on frivolous demurrer, 537.
extension of time for, 781, 785.

case necessary on, 998.

from order, on motion for new trial on minutes, 999.

from judgment in action for dower; stay of execution, etc. 1616.

from order refusing certiorari or habeas corpus, etc. 2058.

in certiorari or habeas corpus cases, by the people, 2059.
prisoner to be admitted to bail, pending an, 2060-2062.

custody of prisoner not bailed pending; recognizance, etc. 2063, 2064
in mandamus proceedings; stay of proceedings, 2087.