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CONTENTS OF FIRST VOLUME.
PART I.
OF CIVIL ACTIONS AND PROCEEDINGS, IN THE STATE OF NEW YORK, IN COURTS
OF LAW; AND OF THE COURTS WHICH HAVE ORIGINAL AND APPELLATE
COGNIZANCE OF THEM.
SECTION 7.
Of mistake in the form of action, and of the elec-
tion and joinder of actions
SECTION 8. Of the time limited for the commencement of actions
CHAPTER II.
Of the Supreme Court, including the Circuit Courts of the State; of
Attornies and other Officers; and of the Prosecution and Defence of
Actions in Person or by Attorney.
SECTION 1. Of the supreme court
SECTION 2. Of attornies and counsellors
141
. 175
SECTION 3. Of the prosecution and defence of actions in person
SECTION 1.
SECTION 2.
Of the superior court of the city of New York
Of the county courts of common pleas
SECTION 3. Of mayors' courts in cities
219
224
236
CHAPTER V.
Of the Courts of the United States.
SECTION 1. Of the district courts of the United States
243
Of the circuit court of the United States for the
OF THE PRACTICE OF THE SUPREME COURT IN THE PRINCIPAL AND DIRECT
PROCEEDINGS TO JUDGMENT, IN PERSONAL ACTIONS BROUGHT FOR THE RE-
COVERY OF ANY DEBT, OR FOR DAMAGES ONLY.
CHAPTER I.
Of the modes of commencing Personal Actions.
SECTION 1. Of the original writ and process thereon
SECTION 2. Of the commencement of actions by capias ad re-
350
spondendum
356
Of the proceedings after the issuing of the capias until the defendants
appearance.
SECTION 1. Of the arrest and Service of the writ
369
SECTION 4.
Of the return of the writ by the sheriff, and his duty
thereon
389
CHAPTER III.
Of the Defendant's appearance.
SECTION 1. Of common appearances and notice of retainer
SECTION 2. Of special bail
CHAPTER IV.
Of the Declaration.
SECTION 1. Of the parts and requisites of the declaration
SECTION 2. Of the filing and service of the declaration
Of Pleas and the subsequent Pleadings, and of Demurrers.
CHAPTER VI.
Of the Issue.
CHAPTER VII.
Of the Proceedings from Issue to Trial.
SECTION 1. Of the circuit roll
SECTION 2. Of notice of trial, and inquest, of countermanding the
same; and of preventing inquest, and of putting off
trial.
395
398
416
430
451
457
SECTION 3. Of the venire for foreign jurors, and of jurors and the
mode in which they are drawn and summoned
SECTION 4. Of the evidence, the witnesses and the mode of com-
pelling their appearance.
CHAPTER VIII.
Of the Trial and its Incidents.
468
478
Of pleas puis darrein continuance
508
SECTION 3.
Of drawing the jury, of talesmen and of challenges
Of proceedings before the jury; swearing and exam-
511
ining witnesses, demurrers to evidence, bills of ex-
ceptions, and nonsuit
521
SECTION 4. Of verdicts general, and special, and of the conduct
and duties of the jurors
SECTION 5. Of the postea and rule for judgment
SECTION 6. Of the damages
SECTION 1. Of the general rules awarding, regulating, and limit-
ing costs
SECTION 2. Of the taxation of costs
CHAPTER X.
Of Amendments.
568
587
CHAPTER XI.
Of Judgment by Confession.
SECTION 1. Of warrants of attorney and entering judgment thereon 604
SECTION 2. Of cognovits
615