CHAPTER IV. Page. THE REPLY, 44 44 **** Section 153. Reply, when to be put in, and what to contain,.. 154. When defendant may move for judgment upon an answer, 44 155. Demurrer to reply,.. 44 158. How to state an account in pleading,. 159. Pleadings to be liberally construed,. CHAPTER V. GENERAL RULES OF PLEADING, Section 156. No pleading but complaint, answer, reply and demurrers, 45 157. Verification of pleadings, 160. Irrelevant or redundant matter to be stricken out,..... 166. In actions to recover property distrained for damage, 167. What causes of action may be joined in the same action, 47 168. Allegation not denied; when to be deemed true, 47 47 47 48 ..... CHAPTER VI. MISTAKES IN PLEADING, AND AMENDMENTS, Section 169. Material variances, how provided for, 170. Immaterial variances, how provided for,. 171. What to be deemed a variance, 172. Amendments of course,. 175. Suing a party by a fictitious name, when allowed,..... 176. No error or defect to be regarded, unless it affect substan tial rights, 177. Supplemental complaint, answer and reply, TITLE VII. OF THE PROVISIONAL REMEDIES IN CIVIL ACTIONS, II. Claim and delivery of personal property, Section 178. No person to be arrested, except as prescribed by this act, 51 179. Cases in which defendant may be arrested, 180. Order for arrest, by whom made,.... 181. Affidavit to obtain order. To what actions this chapter applicable, 52 193. Notice of justification. New undertaking, if other bail, 55 194. Qualifications of bail,... 198. Payment of money into court by sheriff, 199. Substituting bail for deposit, 200. Money deposited how applied, or disposed of, .... 201. Sheriff, when liable as bail; and his discharge from lia- 208. Requisition to sheriff, to take and deliver the property,. 57 209. Security on the part of the plaintiff, and justification,.. 57 210. Exception to sureties and proceedings thereon or on fail- 213. Qualification and justification of sureties,. 214. Property, how taken when concealed in building or enclo Section 218. Writ of injunction abolished, and order substituted, 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,.. 60 223. Order to show cause why injunction should not be granted, 61 Page. Section 224. Security, upon injunction to suspend business of corpora tion, .... 225. Motion to vacate or modify injunction,. 226. Affidavits, on motion, ATTACHMENT, .... CHAPTER IV. ៨៨៩ Section 227. Property of foreign corporations and of non-resident or absconding or concealed defendants may be attached,. 62 228. Warrant by whom granted, 229. In what cases warrant may be granted, 230. Security in obtaining warrant, .... 231. Warrant, to whom directed, and what to require, 235. Attachment, how executed on property incapable of ... 236. Certificate of defendant's interest to be furnished by cor- ... 237. Judgment, how satisfied,.. 238. When action to recover notes, &c., of defendant may be 239. Bond to sheriff on attachment, how disposed of, on judg- 240. Discharge of attachment and return of property, or its PROVISIONAL REMEDIES,. CHAPTER V. 66 66 67 67 Section 244. Powers of court as to receivers, deposit of money, &c., in court, and other provisional remedies,.. ༣༣ 67 TITLE VIII. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS, . III. Trial by jury,............. V. Trial by referees, VI. The manner of entering judgment, 246. Judgment on failure of defendant to answer, . 247. Judgment on frivolous demurrer, answer or reply,... Section 258. Either party may bring issue to trial, 260. General and special verdicts defined,. 261. Verdict in action for recovery of specific personal pro- perty, when in action for recovery of money only, or real property, jury may render either general or special verdict; and when court may direct special finding,.. 72 262. On special finding, with general verdict, former to control, Section 270. All issues referable by consent, 271. When reference may be compulsorily ordered, MANNER OF ENTERING JUDGMENT, . . Section 274. Judgment may be for or against any of the parties, 275. The relief to be awarded to the plaintiff, Section 278. Judgment upon issue of law or of fact, to be upon direction of a single judge, or on report of referees, subject to review at general term, 279. Clerk to keep a judgment book, Page. 280. Judgment to be entered into judgment book, ... 282. Judgment, in what cases and how to be docketed, TITLE IX. OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS, IL Proceedings supplementary to the execution, CHAPTER I. THE EXECUTION, . Section 283. Execution within five years, of course, as prescribed by this title, 284. After five years, to be issued only by leave of court. Leave, how obtained. Execution on judgment of justices' or other inferior courts when docketed, how issued, 285. Other judgments, how enforced, 80 80 80 81 286. The different kinds of execution,. 81 287. To what counties execution may be issued, 81 288. Execution against the person, in what cases, and when,. 81 289. Form of the execution, 82 290. To be returnable in sixty days, 82 291. Existing laws relating to execution continued, until other- 83 CHAPTER II. PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION, Section 292. When execution returned unsatisfied, order for discovery 293. Any debtor may pay execution against his creditor,. 83 83 295. Witness required to testify,. 296. Compelling party or witnesses to attend. Examinations 297. Judge may order property to be applied on execution,.. 85 298. Judge may appoint receiver, and prohibit transfer, &c., of property, .... 299. Proceedings upon claim of another party to property, or 87 85 |