may be used in process, pleadings, etc.... ABSCONDING DEBTORS. (See ATTACHMENT OF PROPERTY.) ABSENCE: from the State, effect of, on limitation of action.... the United States, designation of person on whom to serve summons. issuing warrant of attachment of money in custody of clerk of court of appeals ... for accounts of money paid into court (see PAYMENT INTO COURT.) ACKNOWLEDGMENT: of indebtedness, repels presumption of payment of judgment... must be in writing to bar limitation of bond in legal proceedings, required..... of conveyance makes it evidence, but certificate not conclusive.. of certain instruments makes them evidence... of assignment of judgment, when required. ACTION, CIVIL : not discontinued by change, vacancy, etc., in judges...... parties may stipulate to try elsewhere than at court-house.. abatement of. (See ABATEMENT.) trial of, once commenced, may be continued beyond term parties to, may appear in person or by attorney.. severance of, against defendants severally liable ACTION, CIVIL- Continued. removal of, from superior city court to supreme court... how commenced, in court of record.... time fixed by law for commencement or continuance of, cannot be extended SECTION. 269 398-400 414 416 456 784 preference among, on calendar 791 witness subpoenaed in, exempt from arrest.. 860 for illegal arrest of a witness, when maintained 863, 864 depositions in, pending without the State, how taken for jury fines, etc., in New-York.. 914-920 may proceed against one or more defendants where several judgment has been 1205 subject of, may be submitted on case; proceedings thereon. 1279-1281 right of, for seizure of exempt property, is exempt from execution... 1394 to recover property levied upon, may be brought after inquisition, when 1420 to recover price of real property sold on execution, on account of failure of title. 1479 1480 for contribution between owners of real property sold on execution.. 1481 order of contribution of real property in such cases.... ADVERSE POSSESSION. (See LIMITATION OF ACTION; CLAIM OF TITLE.) when presumptive evidence, etc. (See DOCUMENTARY EVIDENCE.) 34 35, 36 41 44 197 .... 317 56-60 434 735 630 639 728 812 842-844 923 407 2 1041 ALIEN: enemy, limitation of actions by and against jury partly, not allowed..... AMENDMENT: of proceedings, etc., by inserting the defendant's true name.... by bringing in parties of pleading, in case of variance.. may be made once, of course. for delay, penalty for... of proceedings, etc., where errors are immaterial of return by officer or subordinate court of process, pleading, etc., when not allowed without order ANSWER: defence of limitation must be taken by service of copy of, is an appearance must be subscribed by an attorney. to be served at time of appearance, when or demurrer, is only pleading on part of defendant demurrer to, when allowed.. objections to complaint may be taken by, when. not taken by, or by demurrer, deemed waived. what to contain containing counterclaim. (See COUNTERCLAIM.) demand of affirmative judgment in verification of. (See VERIFICATION.) containing new matter, court may require reply to.. new matter in, when deemed true sham, stricken out, on motion.. to amended pleading, effect of failure to serve may be served within twenty days after arrest. (See ARREST.) verified, effect of, on motion for injunction, etc ... may be stricken out, for disobedience to order for discovery, etc SECTION 404 1190 451 452 539, 540 542 542 546 722-724 725 727 730 413 421 421 422 487 492 494, 495 498 499 500 507 508 509 516 521 522 538 543 630 808 verified, is not sufficient to rebut presumption of notary's certificate of protest .. 923 ...... (See also, COUNTERCLAIM; DEFENCE; PLEADINGS.) APPEALS, COURT OF. (See COURT OF APPEALS.) APPEAL: to court of sessions, in certain cases, who not to sit on from order removing action, etc., to supreme from superior city court.. by party prosecuting, etc., as poor person cannot be taken from order refusing judgment on pleading, as frivolous. from order made on motion for new trial on judge's minutes 999 how restored on affirmance, or on dismissal of. when person entitled to become party may; dismissal of, in such case for neglect, time of stay on, is not a part of ten years to which lien of judgment is limited.. 1255 when party may etc 1296-1299 when adverse party has died, how taken; substitution of parties; undertaking.. 1297 1298 1299 1300 party desiring to review interlocutory judgment on, must specify in notice 1801 cannot be taken from order till same is entered; omission to enter, how cured... 1304 1305 deposit in lieu of.... 1306 must be filed with clerk.... 1307 new to be given when sureties become insolvent. 1308 1309 when proceedings stayed by; effect of...... 1310 levy upon personal property, when superseded by and discharged on. 1311 1312 1313 by municipal corporations. 1314 certain papers to be transmitted to appellate court... 1315 interlocutory judgment or order may be reviewed on appeal from final judgment. 1316 mode of cancelling or correcting docket of judgment reversed on restitution, when awarded on reversal to court of appeals. (See COURT OF APPEALS.) to supreme court and to general term. (See SUPREME COURT; SUPERIOR CITY of bond or undertaking. (See BOND; UNDERTAKING.) limitation of action, where claim has been submitted to.... order of, when delivered by sheriff to successor, and duties of new sheriff, upon not allowed, except by express statutory authority, in civil action, etc. of lunatic, etc., or infant under 14, not allowed, discharge, etc... of lunatic, infant, etc., action for damages for... 6 15 16 110 119 174-180 187 548 548 549 550 551 551 552 553 554 554 of person sued in representative capacity, not allowed, except for personal act, etc. 555 proof necessary to obtain .... may be granted at any time after commencement of action. 556 557 558 do. court, do. contents and requisites of; to whom directed copies of papers to be delivered to defendant; originals to be filed order of, how executed... exemption from, of witness, while obeying subpœna.. discharge of witness so arrested.. in certain cases is absolutely void; penalty for, etc action for illegal, when subpoenaed witness, etc., may maintain bail on. (See BAIL.) undertaking on. (See UNDERTAKING.) ASSAULT AND BATTERY: limitation of action for ASSESSMENT OF DAMAGES: when testimony required on, may be taken by commission ASSIGNEE: cannot be arrested, except for personal act.... ASSIGNMENT: of bond for jail liberties. (See BOND.) of judgment must be acknowledged on request, etc.. of certificate of sale of real property, must be recorded. SECTION. 558 559 560 561 561 562 563 564 565 566 567 568 568 572 585 586 587 588 589 590 719 720 860 861 863 864, 865 1281 384 888 1213-1215 555 1262 1263 1270 1474 |