Section. 102. Provision, when person entitled dies before limitation expires... Provision relating to death of party liable.... ........ 103. In suits by aliens, time of war to be deducted. 405 406 408 104. Provision when judgment has been reversed.... 107. Where two or more disabilities, limitation does not attach until all are removed.. 108. Limitations not applicable to bills, etc., of corporations, or to bank notes........ 109. Limitations not applicable to directors or stockholders of moneyed corporations or banking associations; limitation in such cases prescribed. 110. Acknowledgment or new promise must be in writing..... 409 393 394 395 113. Executor or trustee may sue without the person beneficially interested.. 116. Guardians, how appointed.... 117. Who may be joined as plaintiffs.... ................ 470, 471, 473 119. Those who are united in interest must be joined as plaintiffs or defendants............ 120. Persons severally liable on the same obligation or instrument may all or any of them be joined in the same action at option of plaintiff.... 121. Action, when not to abate by death, marriage or other disability, etc.; proceedings in such case.... ............ ........................ .................. ............ ................ .... 755, 756, 757, 761, 764, 1298, 1376 122. Court, when to decide controversy, or to order the parties to be brought in.. 452, 820 123. Certain actions to be tried where the subject or some part thereof is situated.... 124. Other actions to be tried where the cause or some part thereof arose 129. Notice to be inserted in the summons, in certain actions. ... .... 131. Defendant unreasonably defending, when to pay costs.. 133. Summons, by whom served.. 135. Publication of, when defendant cannot be found.... 144. When the defendant may demur..... 145. Demurrer must specify grounds of objection to complaint.. 146. Proceeding, if complaint be amended ..... 147. Objection not appearing in complaint may be taken by answer..... 148. Objections, when deemed waived. 150. May set forth as many grounds of defense as exist..... 434, 444 416, 424 .... 518 478 481, 482 487, 520 .... ... .... Section. .... .... 152, Sham defenses to be stricken out....... ...... .... 154. When defendant may move for judgment upon an answer........ 155. Demurrer to reply.. ...... ...... ....... ..... .......... .... .... ...... .... ..... 167. What causes of action may be joined in the same action. 532 ...... 515 493 ............ 520, 523 .... .... 523, 525, 526 .... 531 519 .... ...... 545, 546 533, 534 530 723 724, 783 451 192. Delivery of undertaking to plaintiff, and its acceptance or rejection by him. 577 578 ...... 579 580, 581 582 198. Payment of money into court by sheriff. 583 ...... 199. Substituting bail for deposit..... 200. Money deposited, how applied or disposed of............. 201. Sheriff when liable as bail, and his discharge from liability. 202. Proceedings on judgment against sheriff... 203. Bail liable to sheriff. .......... 204. Motion to vacate order of arrest, or reduce bail.. 205. Affidavits on motion. .... 218. Writ of injunction abolished, and order substituted.. .... 602, 606 Section. 219. Injunction, in what cases granted................ 220. At what time it may be granted. .... .......... 221. Notice, when required; temporary injunction. ... 222. Security upon injunction; damages how ascertained 223. Order to show cause why injunction should not be granted. 225. Motion to vacate or modify injunction... ...... 227. Property of foreign corporations and of non-resident, or absconding or concealed .... .... .... ...... ... ...... ........ 641 231. Warrant, to whom directed and what to require. 232. Mode of proceeding in executing warrant...... 233. Proceedings in cases of perishable property or vessels 234. Interest in corporations or associations liable to attachment 235. Attachment, how executed on property incapable of manual delivery............. 236. Certificate of defendant's interest to be furnished by corporation.... 237. Judgment, how satisfied .... 238. When action to recover notes, etc., of defendant may be prosecuted by plaintiff in the action in which the attachment issued.. 239. Bond to sheriff on attachment, property or bond, how disposed of, on judgment for defendant...... 240. Discharge of attachment and return of property, or its proceeds, to defendant on his appearance in action. ... 687, 689, 709 241. Undertaking on the part of the defendant. ............................ 682, 683, 686, 688, 689, 690, 691 242. When sheriff to return warrant and proceedings thereon ... 244. Powers of court as to receivers, deposit of money, etc., in court, and other provisional remedies 246. Judgment on failure of defendant to answer, 512, 1212, 1213, 1214, 1215, 1216, 1217 247. Judgment on frivolous demurrer, answer, or reply 248. The different kinds of issues. ..... 249. Issue of law.... 250. Issue of fact.... ....... 251. On issues of both law and fact, the issue of law to be first tried...... 252. Trial, what. ...... ...... .............. ...... ........ ....... ...... ...... .......... ... 253. Issue of fact to be tried by jury, unless waived or reference ordered. 254. Other issues to be tried by the court.... 255. All issues to be tried before a single judge.... 256. Either party may give notice of trial; note of issue, provisions as to stenographer. ... 83, 86, 251, 252, 253, 262, 289, 290, 977, 980 257. Order of disposing of issues on the calendar 258. Ether party may bring issue to trial..... 259. Plaintiff to furnish court with copy summons, pleadings, etc...... 260. General and special verdicts, defined.. 261. Form of verdict in special cases........ 262. On special finding, with general verdict, former to control...... 263. In action for the recovery of money only, jury to assess damages 254. Entry of verdict. .... 265. Judgment, when to be entered.... ...... ..... 1000, 1002, 1185, 1233, 1234, 1339 267. On trial by the court, judgment to be given in twenty days........... 1010, 1021, 1022, 1228 268. Exceptions, how and when taken ........... ...... ........ 994, 997, 1001, 1337, 1338 ........ .......... ........ 272. Trial before referee; exceptions to and appeal from report of...... 994, 997, 1014, 1018 282. Judgment, in what cases and how to be docketed and lien thereof.....1246, 1247, 1251 1252, 1255, 1256, 1257, 1258, 1259, 1272 284. After five years, to be issued only by leave of court; execution on judgments of justices' or other inferior courts.. ..... ..... 1377, 1378 1240, 1241 287. To what counties execution may be issued. ........ .. 1363, 1366, 1368, 1369, 1371, 1372, 1373 288. Executions against the person; in what cases and when... 329. Intermediate orders affecting the judgment may be reviewed on the appeal...... 1316 335. On judgment for money, security to stay execution...... ............ .... 1305, 1306, 1326 1306, 1308, 1327 336. If judgment be to deliver documents, they must be deposited... 337. If to execute conveyance, it must be executed and deposited.......... 338. Security where judgment is to deliver property, or for a sale of mortgaged premises, 1331 339. Stay of proceedings upon security given .... ....... ...... .... .... 340. Undertakings may be in one instrument or several ... 344. Appeal to the supreme court from an inferior court; in what cases... 1340, 1342, 1357 345. Security must be given as upon appeal to the court of appeals.... Section. ........ ........ ...... .... ...... ...... ..... ...... ...... Section. ........ 1344 346. Appeal, where heard...... 347. Judgment on appeal, where entered and docketed ............. ............ ............ ............ ................ 1345, 1355 348. Appeals from circuits and special terms to same court in general term; security on appeal.......... .... 1309, 1346, 1351, 1352, 1355 349. Orders by a single judge may be appealed from in certain cases 350. Orders at chambers, to be entered before appeal 372. Controversy, how submitted without action.... 373. Judgment on, as in other cases, but without costs 374. Judgment may be enforced or appealed from, as in an action. 382. Judgment may be confessed for debt due, or contingent liability. 383. Statement in writing, and form thereof....... 384. Filing same, and entering judgment.......... ........ ...... .... ..... .... ...... .... .... ...... 1347, 1349 1304, 1348, 1351 1280, 1281 1280 1273 1274 1275, 1276, 1277 ...... .... .... .... ........ ...... 385. Defendant may serve offer to compromise, and the proceedings thereon..... 738, 789 386. Defendant may offer to liquidate damages conditionally.... 387. Effect of acceptance or refusal of offer 388. Admission or inspection of writing.. 389. .... .............. 390. A party may examine his adversary as a witness on the trial. 395. ..... .... ... 736 737 735, 803, 807, 808 828, 870 886 396. Persons for whom action is brought or defended may be examined..................... ...... .... ... 401. Definition of a motion; motions, how and where made.... 720, 768, 763, 770, 772, .... .... 402. When notice is necessary, it must be eight days before hearing.... 403. In actions in supreme court, county judge may act at chambers; his orders, how reviewed..... .... 241, 774 ...... ...... ........ ...... ........ 404. In absence of judge at chambers, motion may be transferred by him to another judge..... 405. Enlarging time for proceedings in an action.. 406. Affidavits defectively entitled, valid.... 408, 409. Notices and other papers, how served on party or attorney 413. Eight days' notice of motion, etc., before court or judge, when personally served.. 414. When papers need not be served on defendant 796, 797 797 415. Service of papers when party resides out of the state .... 800 416. Summons and pleadings to be filed within ten days after service.... contempt.. 419. Duty of sheriff and coroner in serving or executing process, and how enforced..103, 172 420. Guardian not to receive property until security given.... 421. Power of referees....... |