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ACTION FOR A CHATTEL, IN JUSTICES' COURT-continued.

requisition, 2921.

requisition; how executed; service of summons, etc. 2922.
return of constable, 2923.

defendant may except to sureties; proceedings thereupon, 2924.
defendant may reclaim chattel; proceedings thereon, 2925.
justification of sureties, 2926.

when defendant may be arrested for taking, etc., chattel, 2895.
when and to whom constable must deliver chattel, 2927.
penalty for wrong delivery by constable, 2928.

claim of title by third person, 2929.

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defendant may demand judgment for return, 2930. proceedings in the action; action on undertaking, 2931. proceedings when summons not personally served, 2932. when action not affected by failure to replevy, 2933. undertaking given in such action, when available, 2957. transcript of judgment in action, and docketing, 3019. execution upon justice's judgment in such action, 3038.

when may be brought before justice of the peace in Brooklyn, 3117.

in district court of New York, or justice's court of Albany or Troy, 3210, 3211. when may be brought in district court of New York, 3215.

id.; when may be brought in justices' court of Albany and Troy, 3223.

ACTION TO FORECLOSE LIEN UPON A CHATTEL-when maintainable, 1787. warrant to seize chattel; proceedings thereupon, 1738.

contents of judgment in, 1739.

action in inferior court, 1740.

application of foregoing provisions, 1741.

may be brought in district court of New York, 3215.

id.; in justices' courts of Albany and Troy, 3223. id.; in city court of Yonkers, 3203.

ADJOURNMENT-of court of record, proceedings on, 34.

when judge fails to appear, 35, 36.

in case of war, etc. 41.

not to produce abatement, etc. 44.

of proceedings on application of debtor for discharge, 2212.

of trial on submission of controversy to arbitration, 2368.

in action before justice of the peace; when justice may adjourn, 2959. id.; adjournment on application of plaintiff, 2960.

id.; adjournment on application of defendant, 2961-2964.

id.; subsequent adjournments, 2965.

id.; justice may impose conditions upon adjournment, 2966.

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id.; adjournment when attachment against absent witness is issued, 2967. id.; adjournment not to exceed ninety days, 2968.

id.; when commission is issued, 2983.

of trial of certain marine causes, in N. Y. marine court, 3186.

ADMEASUREMENT-of dower. (See DowER.)

ADMINISTRATOR-with will annexed; when letters may be issued, 2643.

id.; application for; proceedings thereupon, 2644.

id.; renunciation, etc., of persons having prior right, 2644.

id.; must qualify, give bond, etc. 2645.

id.; must be cited on application for revocation of probate, 2649.

id.; must suspend proceedings pending such application, 2650.

who may apply for appointment of, 2660.

petition for appointment of, 2660.

what must be shown on application, 2661.

citation thereon; effect of renunciation, 2662.

when may be appointed without citation, 2662.

attorney-general and public, when to be cited, 2663.

renunciation of right to administer, how made, 2664. persons not cited may appear on hearing, 2665. hearing and decree in such proceedings, 2666.

bond of, 2667.

as to account of. (See AccoUNT.)

See, also, EXECUTOR AND ADMINISTRATOR; LETTERS OF ADMINISTLATION. ADMINISTRATOR, TEMPORARY-appointment of, when allowed, 2668. how appointed, 2669.

id.; upon estate of absentee, etc. 2670.

id.; to qualify, 2671.

general powers, etc., of temporary administrator, 2012.

ADMINISTRATOR, TEMPORARY-continued.

id.; as to requiring creditors to present claims, 2673. id.; as to paying debts, 2674.

id.; as to real property, 2675.

special powers of temporary administrator of absentee, 2676.
id.; may provide for family, 2677.

deposit of money by temporary administrator, 2678-2680.
revocation of letters to. (See REVOCATION.)
collector or special administrator, 2683.

ADMISSION-of service, 434.

of genuineness of papers, 735.

AD QUOD DAMNUM-writ of (see ASSESSMENT of Damages), 2103.
ADVERSE POSSESSION. (See LIMITATION.)

AFFIDAVIT--want of, or defect in, title of, does not impair, 728.

of merits, inquest for want of, cannot be taken where answer verified, 980, to procure warrant of attachment, 636.

of party or sureties, to undertaking, 812.

before whom may be taken, 842-844.

to prevent notary's certificate from being evidence, 923.

when presumptive evidence, etc. (See EVIDENCE.)

ex parte, when not received in evidence in justice's court, 3004.

when may be received on appeal from justice's judgment, 3056.
id.; when appeal is founded on error in fact, etc. 3057.
and other paper to be filed by justice, 3143.

definition of, 3343.

AFFIRMATION. (See OATHS.)

AFFIRMATIVE RELIEF-demand of in answer, 509, 510, 1204.

ALBANY, JUSTICE'S COURT OF, 2.

county, jail liberties for, 145.

jury lists, 1041.

application in summary proceedings made to justice of, 2234.

service of copy of complaint with summons; proceedings thereupon, 3207 id.; and proof of service, 3208.

action to be commenced by summons, 3209.

provisional remedies, etc., in, 3210, 3211.

proceedings when title to real property is in question, 3212.

appeals, 3213.

effect of this act upon jurisdiction and proceedings, 8214.

when non-resident of city must file security for costs, 3268, 3269. ALIEN-enemy, limitations of actions, 404.

jury, 1190.

ALIMONY-in action for divorce or separation, 1769.

(See DIVORCE; SEPARATION.)

ALLOWANCE-additional, to plaintiff in foreclosure, etc. 3252, 8253. id.; to either party in difficult, etc., cases, 3253.

id.; limitation of, under last two provisions, 3254. how computed on taxation of costs, 3262.

as to allowance by surrogate, etc. (See ACCOUNT.)

MENDMENT of pleading, 542, 539, 540.

id.; compelled, 545.

of proceedings, etc., by inserting true name, 451.

id.; by bringing in parties, 452.

id.; where errors are immaterial, 722-724.

of return by officer or subordinate court, 725.

not allowed without order, 727.

of bond or undertaking, 730.

by referee, 1018.

provisions as to, in actions, apply to special proceedings, 1997.
of defects in proceedings on appeal from surrogate's court, 2575.

of pleadings in justice's court, 2944.

proceedings on appeal from judgment of justice, 3049.

ANCILLARY LETTERS. (See LETTERS TESTAMENTARY; LETTERS OF ADMINIS. TRATION.)

ANIMAL-action relating to, found straying, etc. (See STRAYS.)

ANSWER--general rules as to, 500-513,

defence of liinitation must be taken by, 413.

ANSWER-continued.

service of, is appearance, 421
must be subscribed, 55, 421.

to be served, 422.

or demurrer, is only pleading on part of defendant, 487.
and demurrer, to different causes of action, 492.

demurrer to, when allowed, 494, 495.

objections to complaint may be taken by, when, 498.

id.; not taken by, or by demurrer, deemed waived, 499.
verification, 523, 527.

when served on co-defendant, 521, 1204.

new matter deemed true, 522.

sham, stricken out, on motion, 538.

failure to answer amended pleading, 543.

may be served within twenty days after arrest, 566.

of a guardian appointed, 1218.

verified to oppose injunction, 630.

stricken out for not making discovery, 808.

when issue raised by, 964.

in partition, may controvert title of plaintiff, etc. 1543.

when court must ascertain rights of parties in partition, 1545.

of defendant, in action to determine claim to real property, 1640, 1641.

of defendant in action for dower, 1648.

title how stated in, in action for chattel, 1720.

putting plaintiff's title in issue, in such action, 1723.

that chattel was distrained doing damage, in such action, 1724.

of defendant in action for divorce, 1757.

what may be set up in, in action for separation, 1765.

when corporate existence need not be proved, 1776.

misnomer in such action deemed waived unless pleaded, 1777.

time to, in action against corporation on note, etc. 1778.

in action against executor, etc.; regulations affecting, 1817, 1824.

when not available in action against legatee, etc., of decedent, 1837.
in action to charge defendant jointly indebted, but not served, 1939.
upon return of precept in summary proceedings, 2244, 2245.

in action for chattel, in justice's court, 2930.

in justices' court, 2938.

id.; general rules of pleading, 2940.

id.; account or instrument for payment of money, 2941.

id.; immaterial variance to be disregarded, 2943.

id.; where executor or trustee is a party, 2946.

id.; consequence of neglect to plead counter-claim, 2947.
id.; the last section qualified, 2948.

id.; answer of title, 2951.

id.; undertaking thereupon, 2952.

id.; in what court new action to be brought, 2953.

id.; when action to be discontinued, 2954.

id.; effect of failure to give undertaking, 2955.

id.; answer of title as to one of several causes of action, 2958.

in new action after discontinuance upon such answer of title, 2957.

in proceedings before justice relative to animal found straying, 3090.
separate owners have separate right to, in such proceedings, 3110.
(See, also, DEFENCE; COUNTERCLAIM.)

APPEAL general provisions, 1293-1323.

to court of appeals, 190, 191, 1324-1339.

to supreme court from inferior court, 1340-1345.

to the general term from chambers or special term, 1346-1355.

from final determination in special proceeding, 190, 192, 1356–1361.

to court of sessions, in certain cases, 48.

from, removal of cause, 271.

by party appearing, as poor person, 466.

from judgment on frivolous demurrer, 537.
extension of time for, 784, 785.

case necessary on, 993.

from order, on motion for new trial on minutes, 999.

from judgment in action for dower; stay of execution, etc. 1616.

from order refusing certiorari or habeas corpus, etc. 2058.

in certiorari or habeas corpus cases, by the people, 2059.

prisoner to be admitted to bail, pending an, 2060-2062.

custody of prisoner not bailed pending; recognizance, etc. 2063, 2064.
in mandamus proceedings; stay of proceedings, 2087.

APPEAL-continued.

from final order awarding absolute writ of prohibition, 2101.
when certiorari cannot be issued to review determination, 2122.
from final order made in summary proceedings, 2260.
effect of such appeal limited in certain cases, 2261.

warrant how stayed on appeal in such proceedings, 2262.

when allowed to court of appeals, 2261.

restitution by appellate court in such proceedings; damages, 2263. from order, or judgment, on award in arbitration, 2381,

from order made in supplementary proceedings, 2433.

from district court of New York, and from justices' courts of Albany and Troy, 3213.

how far provisions concerning, affect review of proceedings in criminal cause, 3347.

APPEAL FROM JUSTICE OF THE PEACE-justice's judgment reviewed by appeal, 3044.

who may appeal; to what court appeal to be taken, 3045.

appeal; when and how to be taken, 3046.

service of notice on justice; payment of costs and fee, 3047. service of notice on respondent, 3048.

amendment, when allowed, 3049.

undertaking to stay execution on judgment, 3050.

stay of proceedings, 3051.

proceedings when justice is dead, etc. 3052. return, 3053.

id, when justice has gone out of office, 3054. further return; return how compelled, 3055. when justice is dead, etc. 3056.

when error in fact is alleged, 3057.

restitution on reversal, 3058.

setting off costs and recovery, 3059.

certain sums may be included in disbursements, 3060.

judgment-roll on, 3061.

hearing of appeal; dismissal thereof, 3062.

judgment thereon, 3063.

when new trial in justice's court may be ordered, 3064.

proceedings before justice, 3065.

for a new trial in appellate court; when may be demanded, 3066.

id.; undertaking to be given, 3069.

id.; offer to compromise before return, 3070.

id.; proceedings in appellate court, 3071.

id.; offer to compromise after return, 3072.

d. amount of costs, 3073.

in proceedings relative to strays, etc.; claim to surplus, 3095.

id.; appeal from order on demand of possession, 3102.

id.; stay of proceedings, how obtained, 3103.

id.; from final order in such proceedings, 3104.

id.; stay of proceedings and delivery of possession, etc. 3105.

id.; proceedings on affirmance, 3106.

APPEAL FROM SURROGATE'S COURT-from order on motion for new trial, 2549 what may be reviewed on appeal; when decree reversed, 2545.

costs of appeal, 2589.

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from order on application to surrogate for additional allowance, 2564.

when party may appeal, 2568.

when person not a party may appeal, 2569.

to what court it may be taken, 2570.

intermediate order, how reviewed, 2571.

time to appeal, 2572.

who must be made parties, 2573.

appeal, how taken; service of notice of, 2574.

certain provisions of chapter 12 made applicable, 2575.

appeal may be on the law or the facts; case to be made, etc. 2576. security to perfect appeal, 2577.

id.; where decree is for money or delivery of property, etc. 2578.. security to stay proceedings in case of commitment, 2579. amount of undertaking, how fixed, 2580.

requisites of undertaking, 2581.

decree for probate, etc., how far suspended by appeal, 2582.

decree revoking probate, etc.; not stayed, 2583.

perfected appeal stays proceedings in other cases, 2584.

appeal, how heard; proceedings thereupon, 2585.

APPEAL FROM SURROGATE'S COURT-continued. power of appellate court; further testimony, 2586.

judgment or order upon appeal, 2587.

award of jury trial apon reversal in probate cases, 2588.

in proceedings to dispose of real property, 2769.

APPEAL IN MARINE COURT OF THE CITY OF NEW YORK. (See MARINN

COURT OF NEW YORK.)

APPEALS, COURT OF, 190, etc., 1334, etc.

APPEARANCE-by defendant, 421.

requisites of notice, 421.

effect of voluntary general. 424.

notice may demand copy of complaint, 479.

Supplementary proceedings, authorized on judgment after service, 2458.

jurisdiction acquired by, in surrogate's court, 2474.

of party in surrogate's court; effect thereof, 2528.

of party not cited on probate of will, 261.

who may appear on hearing of petition for probate of heirship, 2655. who may appear on application for administration, 2665.

in justice's court; when action commenced by, 2876.

id.; parties may appear in person or by attorney, 2886.

id.; guardian ad item for infant plaintiff, 2887.

id. for infant defendant, 2888.

id.; when constable, etc., may not act as attorney, 2889.

id.; authority of attorney; how proved, 2890.

id.; plaintiff to prove his case. 2891.

id.; defendant may offer to compromise; proceedings thereon, 2302. id.; justice to wait one hour, 2893.

id.; of plaintiff required after notice of arrest of defendant, 2899.

APPRAISERS--of attached vessel, 661.

APPROVAL--of bond or undertaking, 586, 581, 812. ARBITRATION--limitations of actions in case of, 411. subpoena in, 854.

when submission to, cannot be made, 2365.

what controversies may be submitted, and how, 2366. appointment of additional arbitrator, or umpire, 2367. time for hearing; adjournment, etc. 2368.

arbitrators to be sworn, 2369.

attendance of witnesses, etc. 2370.

arbitrators to meet; when majority may award; fees, 2371.

award; to be authenticated, etc. 2372.

motion to confirm award, 2373.

id.; to vacate award, 2374.

id; to modify or correct award, 2375.

motions; when to be made; notice thereof, 2376.

costs on vacating award, 2377.

judgment on award; when and how entered, costs, 2378.

judgment-roll; docket of judgment, 2379.

effect of judgment; how enforced, 2380.

appeal from order or judgment, 2381.

effect of party's death, lunacy, etc.; proceedings thereupon, 2382.

revocation of submission, 2383.

liability of party who revokes, for fees, etc. 2384.

limitation of recovery against him, 2385.

application of this title, 2386.

ARREST-arrest pending action, 548-601.

in what cases order may be granted, 548-555.

granting, executing, and vacating or modifying, 556-572.

discharging defendant on bail or deposit; justification, 573–590.

charging and discharging bail, 591–601.

on Sunday, 6.

for non-payment of costs, 15.

id.; of money on contract, 16.

custody of prisoner, 110.

of prisoner going to jail, 119.

prisoner entitled to jail liberties, 149. escape and sheriff's liability, 158, 159.

of sheriff, by coroner, 174–177.

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