INDEX. A. ABATEMENT OF ACTION: etc., not produced by vacancy in judges.... ...... from the State, effect of, on limitation of action..... United States, designation of person on whom to serve summons, in case of.... ACCOUNTS: of money in custody of clerk of court of appeals... of moneys paid into court. (See PAYMENT INTO COURT.) on undertaking given on obtaining injunction... to recover attached property, etc....... of indebtedness, repels presumption of payment of judgment... of conveyance makes it evidence, but certificate not conclusive. of assignment of judgment, when required.. trial of, once commenced, may be continued beyond term..... when deemed commenced within provisions as to limitations.. severance of, against defendants severally liable... ACTION: not discontinued by change, vacancy, etc., in judges... time fixed by law for commencement or continuance of, cannot be extended. may proceed against one or more defendants, where several judgment has been rendered against 438 636 841 376- 395 810 936 937 1262 45 456 625 25 37 680 791 1205 ACTION-Continued. subject of, may be submitted on case, proceedings on... to recover property levied upon, may be brought after inquisition, when.... to recover back purchase price of real property sold on execution, on account of failure 1479, 1480 (See CONTRIBUTION.) (See LIMITATION OF ACTION.) for contribution between owners of real property sold on execution. ADJOURNMENT: of court of record, proceedings on.. when judge fails to appear.... (See also the titles of the several courts.) ADMINISTRATORS. ADMISSION: to practice, of attorneys and counsellors... of genuineness of paper, may be required... answer has effect of, on motion to vacate injunction... want of, or defect in, title of, does not impair. AFFIRMATIVE JUDGMENT: demand of, in answer, regulated......... AGENT: limitation of certain actions by principal, against... of party or sureties, to undertaking.. before whom may be taken.. to prevent notary's certificate from being evidence.. justices' court of. (See JUSTICES' COURTS.) wards of, considered towns as regards jury lists.. ALIEN: enemy, limitation of actions by and against...... ALLOWANCE : of bail. (See BAIL.) .............. AMENDMENT : of proceedings, etc., by inserting defendant's true name. etc., where errors are immaterial. ANNULMENT: of warrant of attachment, sheriff's duty after..... ......... defence of limitation must be taken by. service of copy of, is an appearance. . . . . . . . . . . of return by officer or subordinate court.. of process, pleading, etc., when not allowed without order.. of pleading. (See PLEADING.) to be served before expiration of time for appearance, when. objections to complaint may be taken by, when. not taken by, or by demurrer, deemed waived.. demand of affirmative judgment in.. 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 make... copy of, may be served within twenty days after arrest. (See ARREST.) .... .494, 509 407 145 1041 404 451 ANSWER-Continued. may be stricken out, for disobedience to order for discovery, etc.. (See also PLEADING.) APPEAL: to court of sessions, in certain cases, who not to sit on.. from order removing action, etc., to supreme from superior city court.. from judgment on demurrer, for frivolousness.. extension of time for... when a case is necessary on, etc... from order made on motion for new trial on judge's minutes. time of stay on, is not a part of ten years to which lien of judgment is limited. how restored on affirmance, or on dismissal of.. when party may. when person entitled to become party may; dismissal of, in such case for neglect, etc.. application and order for substitution on, how made.... how taken, notice of, etc.. party desiring to review interlocutory judgment on, must specify in notice... omission to do any act necessary to perfect, how cured. cannot be taken from order till same is entered; omission to enter, how cured... deposit in lieu of, how made, etc.. new, to be given when sureties become insolvent, etc.. when proceedings stayed by; effect of... levy upon personal property, when superseded by and discharged on.... by the people, notice of, perfects' appeal and stays execution.. by municipal corporation, notice of, perfects appeal and stays execution, except, etc....... of order affirmed on, in special proceedings.. mode of cancelling or correcting docket of judgment reversed on.......... by defendant in action, how made... requisites of notice of... voluntary general, equivalent to personal service of summons. to subscribe and swear to value of attached vessel....... ARREST: APPROVAL: of bond or undertaking. (See BOND OR UNDERTAKING.) limitation of action, where claim has been submitted to... to court of appeals. See also COURT OF APPEALS.) to supreme court, and to general term. (See SUPREME COURT; SUPERIOR CITY COURTS.) on Sunday, when allowed.. for non-payment of interlocutory costs, when allowed. custody of prisoner under.. when plaintiff's right to, depends on nature of action.. order, when and where made.... when of right and when discretionary.. of lunatic, etc., or infant under 14, not allowed, discharge, etc.. of lunatic, infant, etc., action for damages for.. of person sued in representative capacity, not allowed, except for personal act, etc.. proof necessary to obtain....... ....... 9.3 999 1255 1258 1259 1294 1295 .1296-1299 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 .1321, 1322 421 421 424 6 16 110 119 of sheriff, by coroner... by coroner, where sheriff is plaintiff.. 187 orders of, when delivered by sheriff to successor, and duties of new sheriff, upon such delivery, 548 548 549 550 551 551 552 553 554 555 661 411 854 556 ARREST-Continued. order of, may be granted at any time after commencement of action.. do. court, do. contents and requisites of; to whom directed. plaintiff's attorney may limit time for execution of privilege from; discharge of privileged person ASSAULT AND BATTERY: limitation of action for.. ......... ASSESSMENT OF DAMAGES: when testimony required on, may be taken by commission... on judgment by default..... plaintiff's duty, where defendant is in actual custody when paid to third person.. cases where defendant actually confined under order of, have preference on calendar. cannot be granted in controversy submitted bail on. (See BAIL.) ASSIGNEE: cannot be arrested, except for personal act......... cause of action arising on contract liable to negotiable securities liable to.... of foreign vessel; claim of ownership of bond for jail liberties. (See BOND FOR JAIL LIBERTIES.) ASSOCIATE JUSTICE. (See COURT OF APPEALS; SUPREME COURT.) joint-stock. (See JOINT-STOCK ASSOCIATION.) ATTACHMENT FOR CONTEMPT. (See CONTEMPT; SHERIFF; TRIAL JURORS; WITNESS.) in what actions permitted in action against public officer, etc., for peculation, etc.. warrant of, mode of levying under.. certificate of defendant's interest, etc., to be furnished to sheriff person refusing such certificate may be examined... warrants may be issued at same time, to different counties may maintain actions.. may be directed to sell perishable goods undertaking on such claim..... action on undertaking defence in such action; plaintiff's recovery of foreign vessel; when debtor may claim vessel notice of application for valuation.. ............... may be directed to pay money into court, or may deposit... SECTION. 660, 888 558 558 549 500 561 561 564 563 564 565 566 567 568 568 572 572 585 586 590 719 720 791 1281 384 555 635 638 638 639 640 641 641 641 642 643 645 646 647 648 648 649 650 651 652 653 654 655 669 563 ATTACHMENT OF PROPERTY-Continued. plaintiff may bring actions in name of himself and sheriff ATTENDENTS: may be opposed by new proof, etc.. application by one or more, of several defendants, and undertaking thereupon of partner's interest, other parties may apply to discharge. after vacating and annulment of warrant. proof of the levy of, etc., when required on application for judgment.. warrant of, cannot be granted in controversy submitted... levy not to be discharged on appeal.... execution, when warrant of, has issued. of courts, not to practice as attorneys.. upon supreme court, etc., in N. Y. and Kings counties.. ATTORNEY: or officer, process to be subscribed or indorsed with name of.. parties may appear in person, or by death or disability of; proceedings thereupon must subscribe summons. to subscribe notice of appearance, answer, etc.. for plaintiff, may limit time for service of summons.. to be assigned to prosecute or defend for poor person. of poor person, costs to be paid to.. appearing for two or more defendants to receive one copy complaint. ATTORNEYS AND COUNSELLORS: verification of pleading, by, when allowed. copy of account, by. to subscribe order of arrest and may limit time for its execution. service of papers on, how made. (See SERVICE.) when to be served with papers, instead of party. may execute satisfaction-piece of judgment within two years may be punished for misconduct.. judge, judge's partner or clerk, when not to act as.. oath of office and certificate of admission.. ATTORNEY-GENERAL: may bring action for penalty, etc., given to prosecutor; limitations thereof.. 709 709 710 710 711 712 719 720 1217 1281 1311 order of preference of warrants of, and executions, etc.... 1370 1407, 1408 levy under execution cannot be made in certain cases unless warrant of, vacated or annulled.. 1415 1421-1427 residing in adjoining states, may practice clerk, deputies, etc., not to practice in their own courts. none but attorneys to practice in New-York and Kings counties.. removal or suspension, for malpractice, crime, etc., proceedings, etc not to defend, when they have been public prosecutor; partner also prohibited.. court of appeals to make rules for admission of... SECTION. 677 677 677 678 679 93, 460, 49, 680 681 682 63, |