GUARDIAN AD LITEM: special, for defendant who is an infant, a lunatic, drunkard, etc....... for infant plaintiff or defendant. (See INFANT.) GUARDIAN, GENERAL: of infant, when to have notice of application for appointment of guardian ad litem...... or special, money, etc., in court, when transferred to....... H. HABITUAL DRUNKARD. (See IDIOTS, LUNATICS, ETC.) SECTION. 428 .470, 471 476 478 749 exemption of, from execution. (See EXEMPTION FROM EXECUTION.) non-payment of money adjudged due on contract, etc., forbidden.. superior city court has care of person and property of.... effect of insanity on limitation of action. (See LIMITATION OF ACTION.) appointment of special guardian ad litem for, when defendant. service of summons on......... cannot be arrested in an action..... open commission, etc., cannot issue where adverse party is.. time of lunacy not considered part of the time limited for certain motions to set aside judgment, 1291 is a court of record... not governed by general rules of practice..... IMPRISONMENT: for criminal contempt. non-payment of interlocutory costs, when allowed. effect of, on limitation of action for real property. 375 certain actions. time of, not considered part of time limited for certain motions to set aside judgment. 1991 for offence, not barred by punishment for contempt........ INFANT: sale, etc., of property of, superior city court has jurisdiction of proceedings for.. county court has jurisdiction of proceedings to sell property of.. effect of infancy on limitation of actions. (See LIMITATION OF ACTION.) defendant, service of summons upon..... right of, to bring action.. plaintiff, appointment of guardian for. defendant, must appear by guardian; appointment, etc.. non-resident defendant, guardian for... party, guardian for, must give security. defendant, guardian for, when liable for costs.. 13 263 340 .426-428 .469, 470 judgment against, not to be taken until 20 days after guardian appointed.. against suing, etc.; effect of, on limitation of action:. writ of, abolished, and order substituted where plaintiff's right to, depends on nature of action.. such injunction only granted by supreme court, at general term, and on notice. .474-476 477 554 850 895 1012 .1027, 1079, 1126 1218 406 602 603 604 605 603 606 607 608 609 609 610 INJUNCTION-Continued. security on staying proceedings in certain actions, before trial.. to stay proceedings on money judgment, granted only on undertaking and payment into court, after trial.. undertaking cancelled, etc., on decision against party obtaining. after verdict, etc., in ejectment or dower, undertaking upon damages on vacating, in such case, include waste.. undertaking in lieu of deposit, on granting... both undertakings may be contained in same instrument.. in certain cases deposit and undertaking dispensed with. undertaking required in all cases, except where otherwise prescribed. special cases excepted from above provisions..... damages by reason of, how ascertained.. sustained by third person, by reason of... action on undertaking given on obtaining... application to vacate or modify, without notice........... upon notice.. when prior motion to vacate, etc., not to prejudice subsequent application... motion relating to, effect of verified answer on..... arrest and attachment, when not granted together.. application to obtain, vacate, etc., how soon decided... ........ time of stay by, is not a part of ten years to which lien of judgment is limited. time of stay by, etc., is not part of time limited for issue of execution. of N. Y. marine court. (See MARINE Court of the CITY OF NEW YORK,) INTERROGATORIES: SECTION. 611 612 613 611 615 616 617 618 618 619 620 621 623 624 625 625 627 623 629 630 719 720 1255 1281 1381 549 553 46 828 1211 ... when trial by jury, of specific questions of fact, must and may be ordered.. J. JAIL: custody of civil prisoners in. (See PRISONER.) civil and criminal prisoners to be kept separate.. removal of sick prisoners to hospital, from.. service of papers on prisoner in...... prisoner committed by U. S. courts, received into.. departure from, is an escape..... 155 prisoner for contempt or misconduct not entitled to... 157 escape from, sheriff's liability for.. consolidation of actions against... confession of judgment, by, how enforced; when not a var to action.. 1278 14 17 of inferior court may be punished for misconduct.... convention of judges to make general rules of practice.. vacancy or change in office of, or re-election. etc., not to produce discontinuance.. of court of record, to file certificate of age, etc.. violating law as to attorneys, in New York and Kings counties, guilty of misdemeanor. must subscribe warrant of attachment.. oaths may be taken before.. subpœna in certain cases before, how issued and served.. to open returned commission in certain cases. to endorse and file returned commission.. cannot be referee, in action in his own court, except by consent. JUDGMENT: for money on contract, disobedience to, not punishable by arrest or imprisonment.. county court has jurisdiction of action upon.. of court of record, presumption of payment of.. 340 376-378 decree of surrogate's court of the State, when presumed paid. 376-373 or decree of court not of record, limitation of action on.. 382 reversal of, on appeal, effect on limitation of action... 405 by default, when special application to be made for.. 419 where summonos served by publishing, etc., defence alowed after. 445 may be taken against one or more defendants severally liable... 456 demand of, in pleading. (See ANSWER; COMPLAINT; COUNTERCLAIM.) for plaintiff, on admission of part of his claim... 511 obtained by mistake, etc., relief from. roll, memorandum of tender and acceptance to be annexed to. on offer by plaintiff... entry of, in case of death after verdict, etc. cannot be entered against party who dies before verdict, etc........... application for, cannot be withdrawn without permission.. subsequent application to another judge, after refusal of, forbidden.... to be entered in conformity to general verdict........... what is a final... may be entered in term or vacation.. to be first entered at term held by one judge.. may be for or against any of the parties, etc .................... SECTION. 512 521 532 585 707 708 721 724 734 738 739 763 765 777 777 1189 1200 1202 1203 1204 final, dismissing complaint does not prevent new action, unless, etc.. against party after his death, effect of; memorandum to be entered in docket, etc........ by default; in certain actions, how taken... amount of, how determined when entered by clerk. application for, în case of service by publication, etc... proof of attachment and undertaking required on certain applications for... assessment, defendant in default, when entitled to notice of, etc.; demand of notice.. when issues of law and fact arise, court may, on recovery of final judgment, etc.; order sever- final, powers of court on application for, under last two sections.. where interlocutory affirmed on appeal.. after trial by jury of specific questions of fact.. reference to determine specific questions of fact............... trial of issue of fact by court or referee.. in actions for divorce, etc.; can be rendered only by the court.. 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 to docket, on filing of judgment-roll... must furnish transcripts of; filling and docketing of transcript. judgment docket to the public..... not a lien until roll filed and judgment docketed.. lien of, on real property for ten years from time of docketing... how real property may be levied upon after expiration of ten years.. 1246 1247 1249 1250 1251 1252 interest in contract for real property not bound by docketing of.. lien is inferior to subsequent purchase-money mortgage.... 1253 1254 1255 court may order lien of, suspended on appeal; entry to be made on docket... person entitled to enforce, must execute satisfaction on payment and request 1261 1262 1263 how satisfied upon return of execution 1264 docket of, how discharged on filing clerk's certificate, etc.... contents of statement for..... entry on docket of, on return of execution unsatisfied against bankrupt, how discharged... power of court of record, over docket of its own... assignments of, clerk to ille and enter on docket of United States courts, transcript of, may be filled; docket of. for money, provisions as to docketing, etc., apply only to.... confession of, without action; married woman may confess........................ filing of statement for; entry of judgment thereupon... docketing and enforcement.... 1265 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 JUDGMENT-Continued. confession of, when whole amount not due; collection of, etc...... on submission of controversy without action. error in fact, not arising on trial; by whom made....... by a person not a party; when made.. to whom notice of the motion must be given time of certain disabilities not a part of the time so limited. affirmed on appeal, how enforced, etc.... mode of cancelling or correcting docket of, reversed on appeal sale under, etc., to be at auction, and in day time.. for mortgage debt, equity of redemption cannot be sold upon execution on.. for money, stay of proceedings on, by injunction. (See INJUNCTION.) JUDGMENT-ROLL: SECTION 1277 1278 1281 1289 1:83 1281 1285 1286 1287, 1288 1289 1290 1:91 192 1319 1321 1334 1432 and powers of courts, preserved.... of magistrate may be exercised on Sunday, when.. of civil action, when and how acquired and divested.... (For the jurisdicton of the several courts, see the title of each court.) misconduct of, how punished. how drawn and notified for adjourned terms. for county court, how drawn and notified.. JURY : (See also JURY; TRIAL JURORS.) may be discharged on Sunday....... to be formed as in other cases.. provision where clerk or commissioner interested. foreign, order for; proceedings thereupon.. proceedings to impose fine for non-attendance no objection to, on trial, that none of original panel are on.... challenges of persons drawn on, in civil action. causes of challenges to the array..... challenges in penal actions.... how tried; exceptions to; review, etc... discharge of, failing to agree 1070, 1071 plaintiff need not be called when verdict of, about to be delivered, etc.. to assess amount of damages in actions for money single damages only to be found by, except, etc............ verdict of. (See VERDICT.) how trials by, of issues of facts, etc., must be had. partly of aliens abolished.. (See also SHERIFF'S JURY; TRIAL.) courts of, are courts not of record..... 3 new jury may be drawn while first empanelled. when talesmen, etc., to be procured; mode of procuring.. JUSTICE OF THE PEACE: |