TITLE VII. Of Justices' and other Inferior Courts in Cities, 26-25. CHAPTER I. The marine court of the city of New-York, 26-27. IV. General provisions, 27. CHAPTER I. The Marine Court of the city of New-York, 26–28. SECTION 65. Its jurisdiction, 26–27. CHAPTER II. The Justices' Courts, in the city of New-York. CHAPTER III. The Justices' Courts of Cities. SECTION 67. Their Jurisdiction. CHAPTER IV. General Provisions. SECTION 68. Sections 55 to 64 applied to the courts embraced in this title. PART II. OF CIVIL ACTIONS, 29. TITLE I. OF THEIR FORM, 29-30. II. OF THE TIME OF COMMENCING THEM, 30-40. III. OF THE PARTIES, 41-44. IV. OF THE PLACE OF TRIAL, 44-46. V. OF THE MANNER OF COMMENCING THEM, 46–51. VI. OF THE PLEADINGS, 51-61. VII. OF THE PROVISIONAL REMEDIES, 62-81. VIII. OF THE TRIAL AND JUDGMENT, 82-93. IX. OF THE EXECUTION OF THE Judgment, 94-101. X. OF THE COSTS, 101-107. XI. OF APPEALS, 108-120. XII. OF THE MISCELLANEOUS PROCEEDINGS, 120–134. XIV. PROVISIONS Relating to Existing Suits, 142–144. SECTION 69. TITLE I. Of the Form of Civil Actions, 29. Distinction between actions at law and suits in equity, and forms of such actions and suits, abolished, 29. 70. Parties to an action, how designated, 29. 71. Actions on judgments, when and how to be brought, 29. TITLE II. Of the time of commencing civil actions, 30-40. CHAPTER I. Actions in general, 30. II. III. Actions for the recovery of real property, 31-35. CHAPTER I. 35-37. The time of commencing actions in general, 30. SECTION 73. Repeal of existing limitations, 30. The time of commencing actions for the recovery of real property, 31. SECTION 75. When the people will not sue, 31. 76. When action cannot be brought by grantee from the state. 31. 77. When actions by the people or their grantees to be brought within twenty years, 32. 78. Seisin within twenty years, when necessary in action for real property; 32. 79. Seisin within twenty years, when necessary in action or defence founded on title to or rents of real property, 32. 80. Action must be commenced within one year after entry, or within twenty years after right of entry, 32. 81. Possession when resumed. Occupation deemed under legal title, unless adverse, 32. 82. Occupation under written instrument or judgment, when deemed adverse, 33. 83. What constitutes adverse possession, under written instrument or judgment, 33.. 84. Premises actually occupied, under claim of title, deemed to be held adversely, 34. 85. What constitutes adverse possession under claim of title not written, 34. 86. Relation of landlord and tenant, as affecting adverse pos session, 34. 87. Right of possession not affected by descent cast, 34. 88. Certain disabilities excluded from time to commence ac tions, 34. CHAPTER III. The time of commencing actions other than for the recovery of real property, 35–37. SECTION 89. Periods of limitation prescribed, 35. 90. Within twenty years, 35. 91. Within six years, 35. 92. Within three years, 36. 93. Within two years, 36. 94. Within one year, 36. 95. When cause of action accrued, in an action upon a current account, 37. 96. 97. Actions for penalties, &c., by any person who will sue, when to be brought, 37. Actions for relief, not before provided for, 37. 98. Actions by the people, subject to the same limitation, 37. CHAPTER IV. General Provisions as to the time of commencing Actions, 38-40. SECTION 99. When action deemed to have been commenced, 38. 100. Exception, where defendant is out of the state, 38. 101. Exception, as to persons under disabilities, 39. 102. Provision where person entitled, dies before the limitation expires, 39. 103. In suits by aliens, time of war to be deducted, 39. 104. Provision, where judgment has been reversed, 39. 105. Time of stay of action by injunction or statutory prohibition to be deducted, 40. 106. Disability must exist when right of action accrued, 40. 107. Where two or more disabilities, limitation does not attach, till all removed, 40. 108. This title, not applicable to bills, &c., of corporations, or to bank notes, 40. 109. Nor to actions against directors or stockholders of monied corporations or banking, associations. Limitations in such cases prescribed, 40. 110. Acknowledgment or new promise must be in writing, 40. TITLE III. Of the parties to civil actions, 41-44. SECTION 111. Action to be in the name of the real party in interest, 41. 112. Assignment of a thing in action not to prejudice a defence, 41. 113. Executor or trustee may sue without the persons beneficially interested, 41. 114. When married woman is party, her husband to be joined, except, &c., 41. 115. Infant to appear by guardian, 42. 116. Guardian, how appointed, 42. 117. Who may be joined as plaintiffs, 42. 118. Who may be joined as defendants, 42. 119. Parties united in interest, when to be joined. When one or more may sue or defend for the whole, 43. SECTION 120. Plaintiff may sue in one action the different parties to com mercial paper, 43, 121. Action when not to abate by death, marriage, or other disability, &c. Proceedings in such case, 43. 122. Court when to decide controversy, or to order other parties to be brought in, 43. TITLE IV. Of the place of trial of Civil Actions, 44-45. SECTION 123. Certain actions to be tried where the subject or some part thereof is situated, 44. 124. Other actions, where the cause or some part thereof arose, 44. 125. Other actions, according to the residence of the parties, 45. 126. Action may be tried in any county unless defendant demand trial in proper county, 45. TITLE V. Of the manner of commencing Civil Actions, 46–51. SECTION 127. Actions how commenced, 46. 128. Summons, requisites of, 46. 129. Notice to be inserted in certain actions, 46. In such case what to be stated in summons and proceedings thereon, 46. 131. Defendant unreasonably defending, when to pay costs, 47. 132. Notice of pendency of action affecting title to real property, 48. 133. Summons, by whom served, 48. 134. Summons, how served and returned, 48. 135. Publication when defendant cannot be found, 48. 136. Proceedings when there are several defendants, and part only served, 50. 137. When service deemed made in case of publication, 50. 138. Service of summons how proved, 50. 139. When jurisdiction of action acquired, 51. TITLE VI. Of the pleadings in Civil Actions, 51–61. CHAPTER I. The complaint, 51-52. II. The demurrer, 52-53. III. The answer, 53-54. IV. The reply, 54. V. General rules of pleading, 55-58. VI. Mistakes in pleading and amendments, 59–61. CHAPTER I. The complaint, 51. SECTION 140. Forms of pleadings inconsistent with this act abolished, 51. 141. First pleading to be complaint, 51. 142. Complaint, what to contain, 51. CHAPTER II. The Demurrer, 52-53. SECTION 143. Defendant to demur or answer, 52. 144. When the defendant may demur, 52. 145. Demurrer must specify grounds of objection to complaint, 52 146. How to proceed if complaint be amended, 53. 147. Objection not appearing on complaint may be taken by an swer, 53. 148. Objection, when deemed waived, 53. CHAPTER III. The Answer, 53–54. SECTION 149. Answer what to contain, 53. 150. 151. May set forth as many grounds of defence as exist, 53. Demurrer as to some causes of action, and answer as to others, 54. 152. Sham defences to be stricken out, 54. CHAPTER IV. The Reply, 54. SECTION 153. Reply, when to be put in, and what to contain, 54. 154. When defendant may move for judgment upon an answer, 54. 155. Demurrer to reply, 54. CHAPTER V. General Rules of Pleading, 55-59. SECTION 156. No pleading but complaint, answer, reply and demurrers, 55 157. Verification of pleadings, 55. 158. How to state an account in pleading, 56. 159. Pleadings to be liberally construed, 56. 160. Irrelevant or redundant matter to be stricken out, 56. 161. Judgments how to be pleaded, 56. 162. Conditions precedent, how to be pleaded, 57. 163. Private statutes, how to be pleaded, 57. 164. Libel and slander, how stated in complaint, 57. 165. Answer in such cases, 57. 166. In actions to recover property distrained for damage, answer need not set forth title, 57. 167. What causes of action may be joined in the same action, 58. 168. Allegation not denied; when to be deemed true, 58. CHAPTER VI. Mistakes in Pledding, and Amendments, 59-61. SECTION 169. Material variances, how provided for, 59. 170. Immaterial variances, how provided for, 59. 171. What to be deemed a variance 59. 172. Amendments of course, 59. 173. Amendments by the court, 60. 174. Amendments, after demurrer, 60. 175. Suing a party by a fictitious name, when allowed, 61. rights, 61. 177. Supplemental complaint, answer and reply, 61. |