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Page. CHAPTER IV. THE REPLY,

44 Section 153. Reply, when to be put in, and what to contain, ..

44 154. When defendant may move for judgment upon an answer, 44 155. Demurrer to reply,..

44

CHAPTER V. GENERAL RULES OF PLEADING,

45 Section 156. No pleading but complaint, answer, reply and demurrers, 45 157. Verification of pleadings,

45 158. How to state an account in pleading,.

46 159. Pleadings to be liberally construed,

46 160. Irrelevant or redundant matter to be stricken out,. 46 161. Judgments how to be pleaded,..

46 162. Conditions precedent, how to be pleaded,

46 163. Private statutes, how to be pleaded,

47 164. Libel and slander, how stated in complaint,

47 165. Answer in such cases,

47 166. In actions to recover property distrained for damage, answer need not set forth title, .

47 167. What causes of action may be joined in the same action, 47 168. Allegation not denied ; when to be deemed true, ....

48

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. Amendments, after demurrer,
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

48 48 49 49 49 49 50 50

50 50

TITLE VIL

OF THE PROVISIONAL REMEDIES IN CIVIL ACTIONS,
CHAPTER I. Arrest and bail,....

II. Claim and delivery of personal property,
III. Injunction,
IV. Attachmenty ..
V. Provisional remedies,

51 51 57 59 61 67

CHAPTER I. ARREST AND BAIL, ...

51 Section 178. No person to be arrested, except as prescribed by this act, 51 179. Cases in which defendant may be arrested,

51 180. Order for arrest, by whom made,

52 181. Affidavit to obtain order. To what actions this chapter applicable,

52

Page. Section 224. Security, upon injunction to suspend business of corporation,

61 225. Motion to vacate or modify injunction,

61 226. Affidavits, on motion,

61

CHAPTER IV. ATTACHMENT, ,

61 Section 227. Property of foreign corporations and of non-resident or

absconding or concealed defendants may be attached, 62 228. Warrant by whom granted,

62 229. In what cases warrant may be granted,

62 230. Security in obtaining warrant,

63 231. Warrant, to whom directed, and what to require,

63 232. Mode of proceeding in executing warrant, ...

63 233. Proceeding in case of perishable property or vessels, . 63 234. Interest in corporations or associations, liable to attachment, ...

64 235. Attachment, how executed on property incapable of manual delivery,....

64 236. Certificate of defendant's interest to be furnished by corporation,

64 237. Judgment, how satisfied,.

64 238. When action to recover notes, &c., of defendant may be

prosecuted by plaintiff in the action in which the at-
tachment issued,

65 239. Bond to sheriff on attachment, how disposed of, on judgment for defendant, ..

65 240. Discharge of attachment and return of property, or its proceeds, to defendant, on his appearance in action,

66 241. Undertaking on the part of the defendant,

66 242. When sheriff to return warrant and proceedings thereon, 66 243. Sheriff's fees,..

67

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67

CHAPTER V.
PROVISIONAL REMEDIES,
Section 244. Powers of court as to receivers, deposit of money, &c.,

in court, and other provisional remedies,...

67

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TITLE VIII.
OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS,..
CHAPTER I. Judgment upon failure to answer,

II. Issues and the mode of trial,.
III. Trial by jury,....
IV. Trial by the court,..

V. Trial by referees,
VI The manner of entering judgment,

68 68 70 72 74 76 77

CHAPTER I.
JUDGMENT UPON FAILURE TO ANSWER,
Section 245. Judgment, what,....

246. Judgment on failure of defendant to answer,..
247. Judgment on frivolous demurrer, answer or reply,..

68 68 68 69

Page. Section 278. Judgment upon issue of law or of fact, to be upon direc

tion of a single judge, or on report of referees, subject
to review at general term,

78 279. Clerk to keep a judgment book,

79 280. Judgment to be entered into judgment book,

79

79 281. Judgment roll, ....

79 82. Judgment, in what cases and how to be docketed,

TITLE IX.

OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS,
CHAPTER I. The execution,....

II. Proceedings supplementary to the execution,

80 80 83

CHAPTER I. THE EXECUTION,....

80 Section 283. Execution within five years, of course, as prescribed by this title,

80 284. After five years, to be issued only by leave of court.

Leave, how obtained. Execution on judgment of
justices

' or other inferior courts when docketed, how
issued,

80 285. Other judgments, how enforced,

81 286. The different kinds of execution,

81 287. To what counties execution may be issued,

81 288. Execution against the person, in what cases, and when, . 81 289. Form of the execution,

82 290. To be returnable in sixty days,

82 291. Existing laws relating to execution continued, until otherwise provided,

83

CHAPTER II. PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION,

83 Section 292. When execution returned unsatisfied, order for discovery

of property allowed. Also when judgment debtor re-
fuses to apply property to satisfy judgment. Manner
of proceeding to examine judgment debtor,.,

83 293. Any debtor may pay execution against his creditor,.... 84 294. Examination of debtors of judgment debtor or of those having property belonging to him,.

85 295. Witness required to testify,.....

85 296. Compelling party or witnesses to attend. Examinations

when to be on oath, .. 297. Judge may order property to be applied on execution,.. 85 298. Judge may appoint receiver, and prohibit transfer, &c., property,

85 299. Proceedings upon claim of another party to property, or on denial of indebtedness to judgment debtor,

86 300. Reference by judge,

86 301. Costs of proceedings,.

86 302. Disobedience of order, how punished,

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