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TERMS OF THE COURT OF COMMON PLEAS

FOR THE CITY AND COUNTY OF NEW YORK.

FOR THE YEARS 1864 AND 1865.

General Terms.

Third Mondays of February, April, June, October, and December. Held by all the judges. Open at 11 o'clock A. M.

Special Terms for the Trial of Issues of Fact.

First Mondays of January, February, March, April, May, June, October, November, and December. Open at 11 o'clock A, M.

The calendar of causes to be tried by the court without a jury, will be called at the trial terms on the fourth Mondays of January, March, May and November.

Special Terms for Issues of Law, Motions, and for Chamber business.

First Monday of January, by Judge Brady; February, by Judge Cardozo; March, by Judge Daly; April, by Judge Brady; May, by Judge Cardozo; June, by Judge Daly; July, by Judge Brady; August, by Judge Cardozo; September, by Judge Daly; October, by Judge Brady; November, by Judge Cardozo; December, by Judge Daly. Open at 10 o'clock A. M.

The Judge at Chambers will hold the same to and including the Saturday preceding the first Monday of the succeeding month.

During the general terms all the judges will attend to chamber business from 10 o'clock A. M. until 11 o'clock A, M.

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INDEX

TO THE

CODE AND RULES.

The reference is to the page.

A.
ABATE, when action not to, 68.
ABSCONDING DEBTORS, attachment against property of, 101.
ABSENCE FROM STATE, effect of, on time of limitation, 62.
ABSENT DEBTORS, See Non-resident.
ACCOUNT, how staied in pleadings, 83.

verihed copy of to be delivered, 83.
further, may he or lererl, 83.
in justices' courts either party may be reqaired to exbibit, 50, 51.

pleading tourded on, 50.
reference to take, after judgment on issue of law, 123.

for information of court, or to carry a judgment into effect, 124.
by county treasurer, 229.
by guardians, 182.

See Bill of particulars, Current account, Long account.
ACCOUNTABILITY of gnardian, 182.
ACKNOWLEDGMENT OF DEBT, when it must be in writing, 64.

of undertakings, when necessary, 207.
ACT (Code), division of. 27.

when to take effect, 198.
to wbat to relate, 27.
construction of, 196

curtain pirts upply to justices' courts, 51.
ACTION defined, 26, 53,

provisions of Revised Statutes applicable to proceedings in, not repealed, 191.
ab tement of 63
order for disc ntinuance, 240.
discont nuing in justice's court, 47.
after discon inuance in justice's court, 48.
on judgment, 54.
on undertaking, when not allowed, 155.
against foreign corporation, 184.
by attorney-general to vacate charter of corporation, &c., 180.
when deemed commenced, 62.
when deemed pending for certain purposes, 73.
how commenced, 71.
can only be commenced within the period prescribed, 55.

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ACTION-(continued)

title of, not changed on appeal, 148.
for discovery abolished, 174.
form of, 77.
kinds of, 26.
criminal, defined, 26.
and suit, distinction between, abolished, 53.
limitation of, 54.
parties to. 65.
place of trial of, 69.
severance of, 88.
transf-r of, 47, 48, 35, 38, 39, 40.
pending, defence of, 79.

notice of, 72.

when to be deemed, 73.
submitting controversy without, 167.
offer to compromise, 171. 51.

See Cause of action, Civil action, Existing Suits, Thing in action.
ADDITIONAL ALLOWANCE, 142. See Allowance.
ADDITIONAL TERMS of court of appeals. 31.
ADDITIONAL TIME, 179. See Enlarging time.
ADJOURNMENT of c. urt of appeals, 32.

general and special terins of supreme court, circuits, and oyer and ter-

miner, 34.

of hearing before referees, 124.
in justice's courts, 50.

costs on, 124.
ADJUSTMENT OF COSTS, by the clerk, 143.

notice of, 143.

of interlocutory costę, 144.
ADMEASUREMENT OF DOWER, ia county court, 37.
ADMINISTRATOR. See Executor.
ADMISSION of counsel and nitrneys regulated, 205, 241.

of service of summons, 77.
of genuineness of paper, when may be required, &c., 172.
in answer of part of plaintiff's claim, 111.

bv not answering or replying, 85, 86.
ADULTERY, issues on questions of, how settled. 213.
ADVERSE claims to real estate, costs in proceedings on, 142.

actions to determine, 191.
party, examination of, as a witness, 173.

examination or, to same matter, when assignor of thing in action

is examined, 176.
possession, what is, 57, 58.

action by grantee of land, held in, 65.
ADVERTISEMENT, publication of, how proved, 77.

See Publication.
ADVICE of counsel, how sworn to, 210.
AFFIDAVIT, title of, 179.

to be filed, 104, 206, 207.
copy to be served with order enlarging time, 179.
of merits to obtain order extending time to answer or demur, 210.
of service of summons, 77.
concerning venue, 221.
of disbursements, 143.
of publication, 77.
on motion, proceedings where a person refuses to make, 177.

folios of, to be numbered and marked, 209.
AFFIRMANCE, judgment of, 82.

in part, costs on, 166, 160.
in court of appeals, 32.

by default in court of appeals, not allowed, 204.
AFFIRMATIVE RELIEF, to defendant, 120, 126.

AGE of infant, how ascertained, 222.
AGENT, when liable to arrest, 91.

when he may verify a pleading, 83.
form of verification by, 83.

See Managing agent.
AGREEMENTS as to proceedings in a cause, to be in writing or entered on min-
ANSWER-(continued).

utes, 206.
ALIEN ENEMY, time of limitation does not run against, 68.
ALLEGATI NS in pleading, when deemed true, 86.
ALLOWANCE, under section 303 of Code, 142.

309 of Code, 143.
motion for, 220.

of bail, 95.
AMENDMENT of complaint, time to answer after, 79.

of variances, 86. See Variance.
of complaint, proceeding after, 79.
of course, 87.
to case or exceptions, 213.
after decision on demurrer, 87.
by order, 87.
on appeal, 148.
to bring in new parties, 69.
by dividing one action into several, 88.
after notice of appeal, of any omission in perfecting appeal or

staying proceedings, 144.
in justice's court, 50.
of justice's return on appeal, 220.
referee may allow, 124.

in actions or proceedings by mandamus, 197.
AMOUNT ADMITTED to be due by answer, order for payment of, 111.
AMOUNT CLAIMED, judgment by default not to exceed, 127.

of relief, 127.
ANSWER, the only pleading by defendant is a demurrer or answer, 79.

statute of limitation must be set up by, 55.
time to answer, 79.
extending time to answer, 88, 178.
and demurrer, 81.
what to contain, 80.
and counter-claim, 80.
certain objections to complaint must be taken by, 55, 80.
in action for libel or slander, 85.

to recover property distrained, doing damage, 86.
of statate of limitations, 55.
constituting a counter-claim, 80.
of several defences, 81.
sham and irrelevant, may be stricken out, 81.
demurrer to, 81.
frivolous, 114. See Frivolous demurrer, answer, &c.
new matter in, when deemed controverted, 86.
judgment on failure of, 80, 112.
objections to complaint not appearing on the face thereof, are to be taken

by answer, 80.
objection not taken by answer or demurrer, when waived, 80.
time to answer if complaint be amended, 79.
time to answer after service of order of arrest, 92.
order for extending time to answer, bow obtained, 210.
may be allor after time has expired, 88.
time to answer after order for discovery of books, &c., 209.
admitting part of claim, 111.
amended, of course, 87.
of several defences, to be separately stated, 81.

to be numbered, 209.

of counter-claim, 80.
to part, and demurrer to residue of complaint, 81.
sham and irrelevant, may be stricken out, 81.
when it may be replied or demurred to, 81.
motion for judgment on, 82.
supplemental, when proper, 89.
frivolous, motion for judgment on, 114.
discovery of documents to enable defendant to prepare, 208.
striking out for non-compliance with order for discovery, 209.
in justices' courts, 49.

judgment for want of, 50.
of title in justice's court, 47.

to be accompanied with undertaking, 47.
proceedings afier, 47, 48.

as to one of several causes of action, 48.
APPEAL in general, substitute for writ of error, 147.

second, place of, on calendar, 81, 82.
who may appeal. 147.
parties to, how designated, 148.
title of action not changed by, 148.
how made, 148.
entry on docket that judgment secured on, 128.
mistake in proceedings after notice of, may be rectified, 148.
clerk to transmit papers to appellate court, 148.
intermediate orders reviewed on, 148.
judgment on, 148.
restitution on reversal of judgment, 149.
new trial may be ordered on, 149.
time for, 149, 158.

cannot be enlarged, 178.

when it commences to run, 149, 158.
costs on, 141, 142.
exceptions for purposes of, 122.

sections 268 and 272 applied to pending appeals, 123.
to court of appeals, in what cases, 30, 128, 149.

from judgment at general term in verdict subject to the opinion

of the court, 121, 146, 149, 150.
power of court on, 31, 122, 123.
remittitur after, 31, 202,
when to be rebeard, 32.
judgment on, 32.
security or deposit on, 150.
security or deposit may be waived, 150.
suretles becoming insolvent, new undertaking may be ordered,

150.
stay of execution on, from judgment directing the payment of

money, 150.
from judgment directing the assignment or delivery of

documenis or personal property, 151.
from judgment to execute conveyance or other instru-

ment, 151.
from judgment directing sale or delivery of real prop-

erty, or for the sale of mortgaged premises, 152.
on appeal being perfected, proceedings stay ed, 152.
security may be dispensed with or limited in certain cases 152.
by executors, administrators, trustees or persons acting in an-

other's right, 152.
undertaking on, and service thereof, 158.
security on, to be approved and justify, 153.
undertaking on, may be in one instrument or several, 153.
case of perishable property, 153,
undertakings on, to be filed, 153.

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