ENTERED according to Act of Congress, in the year 1852, by
HENRY WHITTAKER,

AUTHOR AND PROPRIETOR,

in the Clerk's Office, of the District Court of the Southern District of New York.

TESTIMONIALS.

MY DEAR SIR,

I am, unexpectedly, compelled to be absent from the United States for a couple of months, which I the more regret, as it prevents me from taking an active part in the publication and circulation of your new book of practice under the present Code. Having examined it thoroughly, whilst it was in the progress of completion, I can speak understandingly of its merits. It is much needed at present, and will, I feel sanguine, answer all the purposes for which it was intended. I shall, most cheerfully, recommend it to all my personal friends at the

Bar.

Truly yours,

NEW YORK, 4th May, 1852. TO HENRY WHITTAKER, Esq.

N. DANE ELLINGWOOD.

Having examined Mr. Whittaker's manuscript, I concur in Mr. Ellingwood's opinion of its merits, and cordially recommend it to the profession.

ROBT. J. DILLON.

I have examined 336 pages of Mr. Whittaker's new book of Practice under the Code, and I very cheerfully give to it my cordial approval, and strongly recommend it to members of the profession, throughout the State, as an excellent and thorough guide through the complexities of the new system.

Mr. Whittaker had his office with me for some time, and I can speak knowingly of his excellent and extensive knowledge of the general principles of law, and of the accuracy and precision of his mind. I have not a doubt of the excellence and success of the work.

NEW YORK, June 9th, 1852.

J. W. GERARD.

INTRODUCTION.

CONTENTS.

1

BOOK I.

OF THE COURTS OF JUSTICE WITHIN THE STATE OF NEW YORK.

CHAPTER I. Of Judicial and other Officers

II. Of the different Courts of Justice within the State of New

5

VI. Of the Superior Court, and Court of Common Pleas of the

City of New York

31

VII. Of the Mayors' and Recorders' Courts of Cities

37

VIII. Of Justices' Courts in General, including the Marine and

38

Justices' Courts in the City of New York

BOOK II.

OF ACTIONS GENERALLY CONSIDERED.

CHAPTER I. Of Actions in General ::

II. Of the Parties to an Action

III. Of the Limitation of Actions

BOOK III.

OF THE COMMENCEMENT OF AN ACTION, AND THE PRELIMINARIES

THERETO WHEN NECESSARY.

CHAPTER I. Of the Preliminaries to the Commencement of an action

47

51

67

in certain Cases

86

II. Of Proceedings for Settlement of a Controversy, without

BOOK IV.

OF THE FORMAL MACHINERY OF AN ACTION

BOOK V.

OF PLEADING, GENERALLY CONSIDERED.

CHAPTER I. Of the Essential Requisites of Pleading

II. Of the Formal Requisites of Pleading

III. Of the Correction of Pleadings by the Moving Party

IV. Of the Correction of Pleadings, on Motion of the Adverse

Party

A

118

150

167

173

181

BOOK VI.

ON THE PLEADINGS IN AN ACTION, AND THE PROCEEDINGS IN CONNEC

TION THEREWITH, DOWN TO THE JOINDER OF ISSUE.

CHAPTER I. Of the Complaint, and the Proceedings collateral there-

with

190

II. Of the Defendant's course of Action, on being served with

Process

221

III. Demurrer

245

IV. Answer

258

V. Course of the Plaintiff, on receipt of the Defendant's

Pleading

282

VI. Of Reply, or Demurrer to answer, and of the Defendant's

proceedings thereon, where admissible

287

VII. Of Revivor and Supplemental Pleading

298

BOOK VII.

OF PROCEEDINGS BETWEEN ISSUE AND TRIAL

CHAPTER I. Of Joinder of Issue, and its General Consequences

II. Of Proceedings for the Purpose of bringing the cause to a

IV. Of Proceedings for obtaining an insight into the Adversa-

ry's case, or fortifying that of the Moving Party

305

310

319

326

V. Of the Formal Preparations for Trial

335

VI. Enforcement of Admission, or Discovery

347

VII. Examination of Parties

355

VIII. Of the Rules of Evidence, as affected by the Code

362