DEPOSITION- Continued. taken and for use within the State: application for; contents of affidavit.... order for examination; contents of; service of, etc.. subpoena for person to be examined, may be issued. .... original affidavits presumptive evidence of facts therein contained, etc. to be used on motion, how taken, etc place where witness may be compelled to attend.. taken within the State, for use elsewhere: in what cases may be taken. how taken; subpoena to witness where commission has issued.. contents of subpoena where commission issued. subpoena when no commission is issued.... justice of the peace may take, when.... taking and returning. penalty for not obeying such subpoena. taken without the State. (See COMMISSION.) DESCENT CAST: rights not to be affected by....... DESIGNATION: by a resident, of person on whom summons may be served..... by foreign corporation, of person on whom summons may be served of temporary jail. (See JAIL.) DESTRUCTION: of papers, court may order.... DIRECTOR: of money corporation or banking association, limitation of action against....... 394 of judge who is a party, or interested, etc.... of justice of the peace, on certain appeals to court of sessions of officer before whom special proceeding is pending, proceedings on of judges of superior city court, removal to supreme court in case of. removal of action in case of 46 48 52, 53 of attorney; proceedings thereupon; appointment of new attorney. effect of, on limitation of certain actions... of aliens, in time of war, deducted from limitations when available, in computing limitation.... effect of, on limitation of time to move to vacate judgment.. DISCHARGE: of person imprisoned for non-payment of fine for criminal contempt ... (See CONTEMPT.) from arrest upon bail or deposit. (See BAIL.) of debtor in custody on execution against the person, how creditor may require; 1494, 1495 from arrest, of privileged person. (See ARREST.) of witness arrested. (See WITNESS.) of attachment. (See ATTACHMENT OF PROPERTY.) DISCOVERY: of judgment debtor's property, action for, may be brought in superior city court. 263 803 when evidence. (See DOCUMENTARY EVIDENCE; JUDGMENT; COUNTY CLERK.) 3 191 438 831 1012 1024 1229 DOCUMENTARY EVIDENCE: certain official certificates evidence..... certificate, etc., of officer on file, when evidence... protest and memorandum, when evidence...... 921 922 when copy thereof may be read in evidence, etc.. record of acknowledged conveyance or transcript thereof, evidence... acknowledgment not conclusive; may be rebutted, etc.. notary's certificate of protest is presumptive evidence, etc... proof of presentment or protest in foreign state or country, how made. of service is presumptive evidence, when... marriage certificate or record is presumptive evidence. statutes and legislative proceedings, how proved.... copies of records and papers in certain offices are presumptive evidence.. what instruments may be made evidence by acknowledgment.. 923 924 925 926 927 928 929 930, 931 932 933 935 935 936 937 when docket-book of justice, or transcript thereof, is evidence.. 938, 939 940 941 statute, etc., of other state or foreign country, how proved.. of department of government of United States, how proved.. 944 944 when record of bill of sale, etc., of vessel, is evidence.. 945 946 exemplification of record of conveyance recorded in other state, etc., is presump- docket, judgment, etc., of justice of the peace of adjoining state, how proved, etc.. 948-951 foregoing provisions not to prevent proof according to common-law rules, etc.... 962 of prisoner going to, etc., or returning from hospital; re-arrest, etc. ..... sheriff liable to action for.... penalty for connivance of sheriff, etc., at. judgment against sheriff for, evidence against sureties. damages in action for, by assignee of bond..... stay of proceedings in action.. defence of sheriff, in action for. of sheriff, coroner liable for.. of prisoner in action by sheriff; coroner's liability for. limitation of action against officer for.. of defendant after arrest, sheriff liable for... new execution against person or property may issue after. EVIDENCE: in criminal action, pleading not to be used as ... 616 820 968 982 1240 1194 ... 1240, 1241 145 ..... admission of member of corporation, when admissible against corporation. 1282-1291 127 155 158 159 161 167 170 171 177 179, 181 385 587 1492 common or unwritten law of foreign country or of other state, etc., how proved.. EXCEPTION: settlement of, by judge out of office, allowed.... in causes tried at certain circuits in New-York, before whom settled what decisions may be excepted to refusal of court or referee to make finding, may be excepted to 523 839 840 942 25 236 992 993 994 when may be ordered heard in first instance at general term.... 1000 motion for new trial on, at general term, after interlocutory judgment 1001 1005 1006 return of, partly satisfied; effect of, on presumption of payment of judgment.... 377 to issue after expiration of his term, to sheriff levying attachment. when judgment may be enforced by in Kings county. judgment not enforceable by, how enforced how levied on real property, after ten years from date of judgment sheriff to indorse return on, and to deliver copy thereof, on payment of on confession of judgment, when whole amount not due on judgment for money, certain provisions applied to when court may order levy of, discharged on appeal.. to whom directed; provision where sheriff is party different kinds of..... for collection of money, etc.... how sheriff required to collect... against executor, etc., requisites of.. 506 597 706 706 708 1117 1156 1240 1241 1252 1264, 1265 1266 1272 1277 1311 1362 1363 1364 1365 1366 requisites of, when issued out of court other than that where judgment rendered. 1367 against property, when to specify time of docketing judgment. requisites of, where attachment has issued. for delivery of property, requisites of when judgment for delivery of property and payment of money. separate, may issue where separate sums awarded.. may issue of course within five years, etc.... 1368 /1369 1369 1370 1371 1373 1373 1374 notice of application for, after five years.. after death of judgment creditor, court may allow, etc., within five years. 1375 1376 1377 1378 time of stay, etc., is not part of time limited for issuing of.. leave to issue against property of deceased judgment debtor, how obtained. 1381 1382 sales on, etc., to be made at auction, and in day time.. against surviving judgment debtors may issue; notice thereupon.. 1383 1384 penalty for taking down, etc., notice of sale... how enforced when sheriff dies or is disqualified. validity of sale on, not affected by sheriff's omission to give notice, etc. 1385 1386 1387 1388 exempt homestead exceeding $1,000 in value, not to be sold on provision when attachment also levied on such property EXECUTION - Continued. when such undertaking enures to benefit of other creditors on how partner's interest sold; rights of purchaser... proceedings if claimant succeeds... in action against officer for levy, indemnitors how substituted as defendants. 1421-1427 SECTION 1415 1416 1417 1418 1419 1428, 1429 provisions as to sale of real estate on, apply to certain leasehold estates 1430 1431 equity of redemption in real estate not to be sold on, for mortgage debt. 1432 1433 1479 when purchase-money may be recovered back, on failure of title after sale of real on original judgment, may be issued to enforce contribution after sale on. (See as to sheriff's deed on sale. (See SHERIFF.) as to redemption after sale on. (See EXEMPTION FROM EXECUTION.) (See REDEMPTION OF REAL PROPERTY SOLD ON as to execution against the person. (See EXECUTION AGAINST THE PERSON.) 1480 110 149 requisites of..... 1372 in what cases may be issued 1487 1488 when execution against property must be first issued 1489 ... and against property not to be simultaneous... 1490 other executions against person or property cannot be issued while defendant in 1491 new execution may issue after escape... 1492 against property may issue after death of person in custody on... 1493 execution against property in hands of, etc., what to require.. of deceased judgment creditor, may issue execution within five years what evidence to furnish on redemption of real property sold on execution...1464-1466 of person from arrest while obeying subpoena or order. (See WITNESS.) certain special, not affected by general provisions concerning. of military pay, bounty, etc.; arms, equipments, etc of land designated as burying ground. mode of designating burying ground for. |