APPEAL to court of appeals-(continued). time for, 149. statement of facts for, 149, 150, 214. appellant to cause the return to be made, 199. how respondent may have it dismissed for want of a return, 199. attorneys and guardians in court below to be deemed attorneys in calendar causes, a case is to be made, 200. what such case is to contain, 200. cases and points to be printed, 200. copies of case to be served on respondent. 200. either party may notice for argument, 200. dismissal of, for not serving copies of the case, 200. form of order or judgment in court below after dismissal of, 200. clerk to make a calendar, 201. copies of cases and points to be furnished the judges, clerk, and statement of facts on points, 201. one counsel only on each side, 201. extended discussion on question of fact not allowed, 201. judgment of affirmance or reversal by default, 201, 202, 204. criminal cases to have a preference, 201. may be submitted on printed arguments, 202, 204. time prescribed by rules may be enlarged, 202. exchanged causes, 22, 203. ten causes called each day, 202. date of issue of passed causes, 202. striking cause from calendar, 202. clerk to keep memorandum of the exchanged causes, 208. certain rules and notice to be printed on calendar, 203. Not more than two hours to be occupied by argument of each preferred causes, 202, 203. calendars to continue for one year, 203. notice to be for the January term, 202. no defaults allowed, 203. call of calendar, 202, 204. costs on, 142. to the supreme court from an inferior court, in what cases, 154. security upon, 154. where heard, 154. judgment on, where entered and docketed, 154. time for, 149. in the supreme court, superior court, and New York common pleas, from a single judge to the general term. time for, 149. from certain judgments, 155. does not stay proceedings, except, &c., 155. how heard, 155. security on, 155. when action on undertakings given on appeal allowed, 155. in the case of certain orders, 150. in New York common pleas, 247, 248. costs on, 141. from order at chambers on notice, 147, 151, 156. order of, on the calendar, 216. papers on to be printed, 217. APPEAL in the supreme court, &c.-(continued). copy papers for the court on, 216. what papers to be furnished on, 216. notice of, 148, 216. no extended discussion on question of fact, 213. from chamber order, made ex parte, 147. in New York common pleas, 219. from judgment on report of referee in superior court, 244. to the court of common pleas for the city and county of New York, when process not personally served, 158. notice of appeal, what to contain, 165, 169. notice of appeal to be served and costs paid, 159. from judgments of marine and justices courts, security to be given or deposit made, 159. notice of appeal, 159. service of the notice, 159. security to stay execution, 160. form of undertaking, 160. execution, how sayed, 160. where ju tice dead or removed, 161, 162 return, how made and compelled. 161, 220. cannot be compelled till fees paid, 161. where justice is out of office, dead, insane, &c., 162. hearing of, in cases in which new trial may not be granted, 162, 163. to be on original papers, 163. in cases in which a new trial may be ordered, 162. dismissal of, for want of prosecution, 162. judgment on appeal, 168. new trial on, 162, 163. founded on error in fact not affecting the merits, 168. where defendant failed to appear below, and satisfactorily excuses proceeding where new trial ordered before the justice, 168. judgment-roll, 164. costs on, how awarded, 164. amount of, 165, 166. restitution may be awarded, 76, 149, 164. set-off of costs and recovery, 165, 166. amount of costs on, 165, 166. fee to justice for his return, 166. from judgment on submission of controversy without action, 168. in existing suits, 198. from surrogates' courts, not affected by the second part of the Code, APPEALS. See Court of Appeals. 197. rules regulating, 217. APPEARANCE, what to be deemed, 208, entitles defendant to notice of application for judgment, 118, 181. APPELLANT, the party appealing is, 148. APPOINTMENT of terms, &c., 33, 34, 35, 194. ARGUMENT, notice of, of appeal in court of appeals, 200. to general term of supreme court, 217. of cases reserved for, 201. ARREST, no person to be arrested in a civil action, except as prescribed by the Code. 90. Code not to affect the act to abolish imprisonment for debt, &c., or amend- ments thereto, 90. provisions of Code as to, not to apply to proceedings for contempts, 90. on proceeding supplementary to execution, 184. of female, 91. order for, by whom made, 91. affidavit to obtain, 92. to be filed, 206. security on issuing of, 92. when made, 92. form of, 92. within what time to be served, 92. undertaking and affidavit to be filed, 206, 207. and affidavit to be delivered to sheriff, 98. copy of, and affidavit to be delivered to defendant, 93. delivery of defendant's undertaking to plaintiff, 94. how made, 93. defendant may be discharged from, on bail or deposit, 98. in action for usurping an office, 188. See Bail. ASSAULT, action for, must be brought within two years, 61. justices of the peace have no jurisdiction of, 46. ASSESSMENT of damages where there is no answer, 112, 118, 211. after judgment on issue of law, 123. after appeal to court of appeals from order granting a to defendant, 120. ASSIGNEE of thing in action may sue in his own name, 65. is liable for co-ts, 146. pending an action, may be substituted as plaintiff, in lieu of property held adversely, may sue in name of assignor, 65. ASSIGNMENT of thing in action, in what cases, 65. effect of, on set-off, 65. not to abate the action, 68. ASSIGNOR of thing in action, examination of, as a witness, 176. by whom granted, 104. requisites to the issuance of, 105, affidavit to obtain, to be filed, 105, 200. security on issuance of, 105. to whom directed, and what to require, 105. several may issue at the same time to different counties, 105. how executed, 106. proceedings on, in case of perishable property or vessels, 106. of rights and shares of defendant in the stocks of corporations, &c., 106. plaintiff in, may prosecute action on notes, &c., attached, 108. ATTACHMENT-(continued). defendant may procure discharge of, and return of property on giv- undertaking of the defendant on such discharge of attachment, 109. sheriff's fees on, 110. allowance in addition to costs in actions commenced by, 142. how satisfied, on judgment for the plaintiff in the action, 107. residue of attached property, after satisfaction of judgment, to be de- on judgment for the defendant, the bond given to the sheriff on the to enforce payment of costs against guardian of an infant plain- against assignee of cause of action, 146. for disobeying order for discovery, 249. for contempt, for disobedience to orders in supplementary proceed- ATTEMPT to commence action, equivalent to commencement, 62. service of papers in cause upon, 180. appearance by, 208. to continue on appeal, 200. to endorse name and place of residence on papers, 207. agreement by, as to proceeding in action, to be in writing or en- tered on minutes, 208. duty of, to act as guardiau ad litem, 221. substitution of, 208, 240. when he may verify pleading, 82. ATTORNEY-GENERAL, actions by, 186. B. BAIL, defendant may be discharged from arrest on, 92. how given, 92. surrender of defendant in exoneration of, 92. may arrest defendant, 94. how proceeded against, 94. how exonerated, 94. notice of, to plaintiff 94. notice of non-acceptance of, or exception. by plaintiff, 94. when plaintiff deemed to have accepted, 94. notice of justification of, 94. new, notice of justification of, 94. qualifications of 95. justification of, 95. where to justify, 95, 206. allowance of, 95. deposit in lieu of, 96. sheriff, when liable as, 96. substituting for deposit, 96. liable to sheriff, 97. motion to reduce amount of, 97. BANK, accounts with, how kept, 229. orders upon, in what form, 280. BANKING ASSOCIATIONS, time of limitation not applicable to actions against, 61. BANK NOTES, time of limitation not applicable to actions upon, 64. BATTERY. See Assault. BILL OF EXCEPTIONS not necessary, 121. See Exceptions. BILL OF EXCHANGE. See Bills and Notes. BILL OF PARTICULARS, court may order either party to deliver, 88. BILLS AND NOTES, complaint in action on, 84. costs of several actions on. 140. parties to actions upon, 68. put in circulation as money by moneyed corporations, limita- provisions as to assignment not to apply to transfer of, 65. BOND, actions on, justice of the peace has jurisdiction in certain, 43. executed before July 1, 1848, judgment on, 183. to be proved or acknowledged, 203. of assignee for benefit of creditors, 249. See Official bond, Surety bond, Undertaking, Replevin bond. See Discovery, Inspection, Judgment-book, Production. BROKER, when liable to arrest, 91. BUFFALO, appeal from justic s' courts in, 158. superior court of, 30, 158. BUSINESS out of court, judges may transact, 85. See Judge at chambers. of corporation, injunction to restrain, 102. BY-LAW of city corporation, action upon, may be brought in justice's court of C. CALENDAR, supreme court, when clerk to enter cause on, 116. issues of law to have preference on, 118. criminal cases to have preference on, 219, 239, 241. in New York common pleas, 247. in the superior court, 246, 247. in the first district, 238. of court of appeals, clerk to make, 201. to be printed, and copies delivered to judges, 201. rules 6, 10, 12 and 20, with notice that 14 copies of cases and points are required to be printed on, 203. criminal cases to have a preference on, 202, 239. how regulated, 203, 204. exchange of causes on, 202, 203. call of, 203, 204. to continue for one year, 204. preferred causes on, 202, 203, 239. for general term of supreme court, clerk to prepare and print, 216. appeals, how placed on, 216. other cases, how placed on, 216. certiorari to remove proceeding to have a preference on, CALLING PLAINTIFF not necessary, 212 CASE on trial of question of fact by the court, 122. 219. after trial by court or referee, or to set aside nonsuit, dismissal of com- plaint or verdict, 213. time to make, 213. time to propose amendments, 213. |