INDEX. [The reference is to the page; and the letter n, following the numbers, signifies that the refer- ABATE, when action not to, 96. A. ABSCONDING DEFENDANT, when justice's courts to have jurisdiction of, 51 n. ABSENCE FROM STATE, time of absence from State not part of period of limitations 76, 77 n. of plaintiff, entitles defendant to security for costs, See Temporary Absence. ABSENT DEBTORS, jurisdiction of county courts as to, 37. ABSENT DEFENDANTS. See Non-residents. ABSENTEES, how summoned, 126. service on, when complete, 133. may defend after judgment, 127. ACCOUNT, how to be stated in a pleading, 174. 66 account to be verified, 174. further account may be ordered, 175. in justice's courts either party may be ordered to exhibit to the See Bill of Particulars. ACCOUNTABILITY, of guardian for infant, 424. ACKNOWLEDGMENT, to take case out of limitation must be in writing and ACT (Code), division of, 19. signed, 79. may be made to a third party, 80 n. first part, what it relates to, 19. second part, 66 when to take effect, 445. supplementary, 447. 19. parts of, applied to existing suits, 439-447. not to affect certain proceedings, 443. applied to justice's courts, 59. how designated, 447. ACTION, definition of, 18. suit for partition is, 18 n, 19 n. creditor's suit is, 19 n. proceedings to obtain a discovery is not, 19 n. civil, 19. criminal, 19. distinctions between actions and suits abolished, 65. for legal and equitable relief, 66 n. parties to, how designated, 67. who to be parties to, 81. on judgments, regulated, 67, time for commencing- in general, 68. for recovery of real property, 69. other than for the recovery of real property, 73. to be commenced by service of summons, 114. may be continued by survivor or assignee, 96. not to abate by death or marriage, &c., of party to, 96. place of trial of, 102. by receiver, 254 n. purchaser from receiver, 255 n. on bond for security for costs, 339 n. attorney general against corporations to annul charter of incorporation, 429 66 of quo warranto, 428. to vacate letters patent, 431. for usurping office, 431. against persons claiming an office or franchise, 431. for forfeiture of property to the people, 434. for partition of real property, 434. in supreme court, when ordered to be argued in an adjoining county, 34 n. when deemed commenced, 75. to determine conflicting claims to real property, 435. for nuisance or waste, 435. concerning real property, general provisions, as to, 435. present rules and practice in, abrogated, 442. examination of parties, 395; and witnesses, 402. enlarging time for proceedings in, 417. See Existing Suits. ACTUAL DETERMINATION, a judgment taken by consent is not, 23 n. See Determination. ADDITIONAL ALLOWANCE for costs, See Per-centage. ADDITIONAL TERMS of court of appeals, how appointed, 28. ADDITIONAL TIME, how computed, 419 n. See Enlarging Time. ADJOURNMENT of court of appeals, 30. of general and special terms of supreme courts, 34. of circuit courts, 34. of courts of oyer and terminer, 34, n. of county courts, 34. of hearing on a reference, referees may order, 285, 290 n, 291 n. ADJUSTMENT OF COSTS, to be by the clerk, 350. notice of, when necessary, 350 n. effect of omitting to give notice of, 350 n. power of clerk as to, 351 n. review of, how obtained, 351 n. ADMEASUREMENT OF DOWER, county court has jurisdiction of proceedings ADMINISTRATOR. See Executor. for, 37. ག། costs in actions for, 343. proceedings for, how affected by the code, See Dower. ADMIRALTY CAUSES, jurisdiction of superior court of, 42 n. ADULTERY. of service of summons— must be in writing and signed by defendant, 133. must be verified and identified, 134 n. or inspection of and copy of papers, &c. See Divorce. ADVERSE PARTY-- either party may exhibit paper to another, and request an ad- effect of failure to give admission, 393. court may order an inspection and copy of books, papers, order for inspection, how enforced, 393. See Discovery of Books, &c. may be examined as a witness, 396. ADVERSE POSSESSION- what deemed, 71. where premises actually occupied, 71. ADVERTISEMENT- publication of, how proved, 425. of sale of real estate, execution creditor not liable to printer for, 316 n. entitled, refers to naming the parties, 418 n. entitled supreme court instead of court of appeal, held in- entitled "county court," instead of " held sufficient, 418 n. supreme court," may be entitled, even if sworn before action commenc- made in foreign states or countries, how authenticated,418 n. copy of to be served with order for time, 417. concerning venue, what to state, 471, 110. the word affidavit in section 226 does not mean answer, 240. |