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III. ANSWER.

.....

allegation of incorporation

when proof of corporate existence unnecessary

when misnomer waived by corporation
in actions on bastardy bonds

in actions on abandonment bonds
interpleader by order

II. COMPLAINT.

when written answer required

when answer to be verified

...

allegation in replevin that chattel injured by defendant.

grounds of demurrer to complaint

demurrer to specify grounds of objection..

demurrer to separate causes of action

partial defenses

demurrer to partial defense

......

V. AMENDMENT.

...

...

what answer must contain

answer to separate causes of action

effect of denial of knowledge or information

matter in mitigation of damages

defendant in replevin may set up title in third person..
answer in replevin may demand judgment for return of chattel..
demurrer to answer

IV. COUNTERCLAIM.

when counterclaim may be pleaded..

rules respecting allowance of counterclaims..
judgment when counterclaim equals demand
judgment when demand and counterclaim not equal
affirmative relief on counterclaim

when defendant sued in representative capacity.
in actions by executors or administrators
where amount exceeds jurisdiction of court
reply to counterclaim not necessary
demurrer to counterclaim

when to be allowed

of petition or answer in dispossess proceedings
when demurrer sustained

leave to plead over when demurrer disallowed

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Pleading — Continued.

VI. ANSWER OF TITLE TO REAL PROPERTY.

requisites of

...............

179

undertaking by defendant on answer of title to real property... 180
new action to be brought in supreme court.
discontinuance of old action

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penalty for failure of defendant to deliver undertaking.
same cause of action and defense in new action...

to one of several defenses

title to real property appearing from plaintiff's showing.

Poor Persons.

who may petition for leave to prosecute as.....
contents of petition.

certificate of clerk to petitioner's cause of action.
petition and order to be filed

when counsel to be assigned

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See, also, "DISPOSSESS PROCEEDINGS."

jurisdiction of summary proceeding to recover...
Answer of title.

title to, excepted from jurisdiction

requisites of answer

undertaking by defendant

liability of surety on defendant's undertaking.
new action to be brought in supreme court..
discontinuance of old action

Removal.

penalty for failure of defendant to deliver undertaking.

title to, appearing from plaintiff's showing..

same cause of action and defense in new action.

to one of several defenses..

.......

costs on plea when undertaking given....

costs on discontinuance after answer....

costs where question of title appears from plaintiff's showing...

Records.

transcript of proceedings, etc., presumptive evidence of fact...

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transfer of action to proper district.

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Repeal.

repealing clause

Replevin.

jurisdiction of action

jurisdiction to issue or vacate requisition..
requisition to be executed by marshal.

when action to recover chattel may be brought.
when action cannot be brought

affidavit and undertaking by plaintiff.

requisites of plaintiff's affidavit

affidavit where several chattels are to be replevied.
requisites of plaintiff's undertaking for..

when agent, etc., may make affidavit for replevin or return.
requisition to replevin

how requisition executed

service of papers on defendant

execution of requisition when property concealed, etc.

marshal to retain possession

delivery of property by marshal

return to requisition

notice of exception to plaintiff's sureties.

justification of plaintiff's sureties

notice that defendant requires return of chattel.
proceedings on notice to return chattel...

affidavit and undertaking by defendant for return.
qualifications of sureties

justification of sureties

allowance of undertaking

when marshal to deliver chattel to plaintiff.
to defendant

penalty for wrong delivery by marshal.

claim of title by third person.

affidavit of third person making claim.
indemnity by plaintiff to marshal against claim..

delivery of chattel to claimant for failure of plaintiff to in-
demnify

action by claimant against marshal.

indemnity to marshal against action by claimant.

substitution of sureties as defendants in action by claimants.
third party may interplead and defend..

answer of title in third person..

answer may demand judgment for return of chattel..
requisites of execution on judgment for delivery of chattel.
execution for damages awarded by judgment of replevin.
damages for injuries to chattel by defendant..
allegation of injuries to chattel by defendant..
requisites of judgment, verdict, or decision..
judgment, etc., for part of several chattels.
ascertaining damages on default of defendant.
final judgment

form and contents of execution.

marshal's power to take chattel under execution.
when plaintiff may sue on defendant's undertaking.
when defendant may sue on plaintiff's undertaking..
marshal's return to execution presumptive evidence against sure-

ties ....

injury to, or destruction of chattel as defense in action against

sureties

effect of failure to replevy on jurisdiction of action.
proceedings where defendant not personally served..
joinder of causes of action...

Reports.

publication of false, a contempt.
Reserved Calendar.

power to make rules for.....

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Sanitary Code.

in what district action for penalty to be brought....

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State.

actions for, excepted from jurisdiction........
Special Proceeding.

may be continued until completed....

may be continued before another justice....

Statute.

Stay.

attorney-general may issue summons in action for penalty...
fees and costs in actions for penalties...

Stock.

how private statute pleaded.................

jurisdiction to grant or vacate stay of execution..
not to exceed five days...
Stenographer.

fees of..

may be attached.....

Submission of Controversy.
upon facts submitted

papers to be filed

provisional remedies not to be granted.

trial and rendition of judgment..

dismissal for insufficiency of statement of fact.

Subpoena.

issuance of

service of

commissioner to take testimony may issue..

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Subscription.
defined

Subtitution.

See "PARTIES."

Summary Proceedings to Dispossess.
See "DISPOSSESS PROCEEDINGS."

Summons.

Tax.

where service may be made..

action begun by service of

action deemed commenced when summons delivered for service..
requisites of
form of

corporation counsel may issue, etc.

when alias summons to be issued.

method of service

order for substituted service when defendant not found.

how substituted service to be made..

substituted service, papers to be filed..

proof of service

when defendant allowed to defend.
who may serve

to be served by marshal
proof of service
return day

indorsement upon, in action for penalty or forfeiture.
proof of service in action for penalty or forfeiture.
indorsement upon, when execution against person may issue.
proof of service when execution against person may issue.
free summons in action by employee for services..
returnable immediately when order of arrest issued.
to be served on arrested person.

warrant of attachment to accompany

service of, when property attached...
service on defendant in replevin...

indorsement of. in action to foreclose lien on chattel.

Surety Companies.

may be surety in replevin...

Title.

chattel taken for cannot be replevied.....

T.

Trials.

of act.

questions of title to realty excluded from jurisdiction.

may be continued until completed..
return day

proof of plaintiff's case upon default..

title to real property appearing from plaintiff'

showing.

when adjournment may be granted...

undertaking on adjournment for more than eight days.

conditions may be imposed on adjournment..
when court to try issues of fact..

judgment to be rendered within fourteen days.
issues of law to be tried by court..

demand for jury trial

when jury of twelve may be demanded.
by jury, by direction of court..
jury fees

in action by employee for services.
drawing the jury

list of jurors to be furnished to clerk.
adjournments after return of jury.

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