from the State, effect of, on limitation of action.. United States, designation of person on whom to serve summons, in case of.... issuing warrant of attachment.. United States, presumption of death, in case of.. ACCOUNT: when cause of action accrues on... how pleaded; demand of copy of.. books of, discovery and inspection of.. production of, not compellable, by subpoena.. reference of issue involving a long..... ACCOUNTS: of money in custody of clerk of court of appeals... of moneys paid into court. (See PAYMENT INTO COURT.) of indebtedness, repels presumption of payment of judgment.. of bond in legal proceedings, required........ of conveyance makes it evidence, but certificate not conclusive. of assignment of judgment, when required... ACTION: not discontinued by change, vacancy, etc., in judges... parties may stipulate to try elsewhere than at court-house, when.. trial of, once commenced, may be continued beyond term..... party to civil, may appear in person or by attorney. civil, how commenced, in court of record..... 416 severance of, against defendants severally liable. 456 ...... on undertaking given on obtaining injunction.. 625 to recover attached property, etc.... time fixed by law for commencement or continuance of, cannot be extended. 784 791 may proceed against one or more defendants, where several judgment has been rendered against 1205 when deemed commenced within provisions as to limitations... includes special proceedings, etc., as used in chapter 4. 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 SECTION. 1479, 1480 for contribution between owners of real property sold on execution. (See CONTRIBUTION.) place of trial of. (See TRIAL.) consolidation of. (See CONSOLIDATION OF ACTIONS.) (See also the titles of the several courts.) ADMEASUREMENT OF DOWER. (See DOWER, ACTION FOR.) to practice, of attorneys and counsellors........ of service of summons, etc... of genuineness of paper, may be required.......... ADVERSE POSSESSION. (See LIMITATION OF ACTION.) answer has effect of, on motion to vacate injunction.. upon issuing of attachment, to be filed... want of, or defect in, title of, does not impair... of party or sureties, to undertaking........... before whom may be taken. to prevent notary's certificate from being evidence.. 56-60 434 785 630 639 728 812 ................ 842-844 933 when presumptive evidence, etc. (See ĎoCUMENTARY EVIDENCE.) to amended pleading, effect of failure to make.. sham, stricken out, on motion.... copy of, may be served within twenty days after arrest. (See ARREST.) 709 413 421 421 4922 487 492 .494, 495 498 499 500 507 50% 509 509 516 521 5:22 538 543 630 ANSWER-Continued. may be stricken out, for disobedience to order for discovery, etc.. APPEAL: (See also PLEADING.) 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.. 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. 1255 .1256, 1257, 1258 how restored on affirmance, or on dismissal of....... 1259 when party may...... 1294 parties to, how designated; title of action.... 1295 when person entitled to become party may; dismissal of, in such case for neglect, etc.. 1296-1299 1297 1298 application and order for substitution on, how made.... 1299 how taken, notice of, etc.... 1300 party desiring to review interlocutory judgment on, must specify in notice.. 1301 1302 omission to do any act necessary to perfect, how cured. 1303 cannot be taken from order till same is entered; omission to enter, how cured.. 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...... 1310 1311 1312 1313 1314 1315 interlocutory judgment or order may be reviewed on appeal from final judgment.. when does not lie from judgment of reversal.. enforcement of judgment affirmed on.... mode of cancelling or correcting docket of judgment reversed on.......... restitution when awarded on reversal... to court of appeals. See also COURT OF APPEALS.) to supreme court, and to general term. (See SUPREME COURT; SUPERIOR CITY COURTS.) APPEALS, COURT OF. (See COURT OF APPEALS.) orders of, when delivered by sheriff to successor, and duties of new sheriff, upon such delivery, writ of ne exeat abolished. when plaintiff's right to, depends on nature of action.. depends partly on extrinsic facts... order, when and where made.. when of right and when discretionary. recovery of foreign judgment not to affect right to.. of woman, when allowed. 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..... ARREST-Continued. order of, may be granted at any time after commencement of action. made by judge, security upon do. court, do. contents and requisites of; to whom directed. plaintiff's attorney may limit time for execution of. copies of papers to be delivered to defendant; originals to be filed. privilege from; discharge of privileged person attorneys and other court oflicers, when privileged from.. motion to vacate order, etc., when to be made. how and to whom made.. plaintiff's duty, where defendant is in actual custody when paid to third person. sheriff to file papers, if bail not given... injunction and attachment, when not granted together 719 application to obtain, vacate, etc., order, how soon decided 720 cases where defendant actually confined under order of, have preference on calendar...... 791 1281 bail on. (See BAIL.) 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 FOR JAIL LIBERTIES.) ASSOCIATE JUSTICE. (See COURT OF APPEALS; SUPREME COURT.) ASSOCIATION: joint-stock. (See JOINT-STOCK ASSOCIATION.) ATTACHMENT FOR CONTEMPT. (See CONTEMPT; SHERIFF; TRIAL JURORS; WITNESS.) stock in, or unpaid subscription to stock of foreign corporation, may be attached certificate of defendant's interest, etc., to be furnished to sheriff person refusing such certificate may be examined. rights of owners, etc., of vessels carrying defendant's goods may maintain actions.. may be directed to sell perishable goods ........... ....................... claim to property attached, sheriff's jury may try. finding for defendant not to prejudice right of action of claimant of domestic vessel; claim of ownership... undertaking on such claim.. when discharged.. action on undertaking ................. defence in such action; plaintiff's recovery of foreign vessel; claim of ownership notice of application for valuation.. when discharged... of foreign vessel; when debtor may claim vessel sale of vessel.. ATTACHMENT OF PROPERTY-Continued. plaintiff may bring actions in name of himself and sheriff not liable for costs of such action. plaintiff, when joined with sheriff, after commencement of action. leave to bring such action, how obtained court or judge to control proceedings in such action.. return by sheriff, of inventory, how enforced.. motion to vacate or modify warrant, or increase security such motion, before whom and how made... may be opposed by new proof, etc.. SECTION. 677 677 677 678 679 680 681 682 683 683 undertaking to be filed; sureties to justify provisions as to discharge, apply to vessels.. when prior motion not to prejudice subsequent motion when defendant may apply for discharge of undertaking on such application. application by one or more, of several defendants, and undertaking thereupon. sheriff to retain property until justification. of partner's interest, other parties may apply to discharge. undertaking on such application.... valuation of defendant's interest, on such application. preferences between attachments... rule as to levy under a junior attachment.. of foreign vessel; undertaking by junior creditor when forbidden, after failure to give undertaking. after vacating and annulment of warrant. 68; 687 688 689 690 691 692 693 694 695 696 697 698 701 702 703 704 705 708 709 709 710 710 proof of the levy of, etc., when required on application for judgment.. levy under execution cannot be made in certain cases unless warrant of, vacated or annulled.. 1415 of courts, not to practice as attorneys.. ATTORNEY: or officer, process to bé subscribed or indorsed with name of.. parties may appear in person, or by. 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. verification of pleading, by, when allowed. copy of account, by. to subscribe order of arrest and may limit time for its execution.. 1421-1427 62 93, 95 24 55 65 417 421 425 460, 465 467 479 520 525 531 561 may bring action for penalty, etc., given to prosecutor; limitations thereof... 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.. |