INDEX. ABANDONMENT OF CLAIM- SECTIONS 1719 ABATEMENT OF ACTION- action; when not to abate.. 755 id.; when sole party dies and action survives. id.; when part of cause of action survives. death of party after verdict, etc.. proceedings upon transfer of interest, or devolution of liability. id.; when one of several parties dies when court may order action abated. special cases excepted. action for a wrong not to abate after verdict, etc.. 756 757 758 .759, 760 761 762 768 764 no verdict, etc., can be taken after a party's death. 765 death, etc., of public officer or trustee 766 ejectment suit, abatement in. 1521 replevin action, abatement and revival of. 1736 abatement not effected by death of executor or administrator. 1828 proceeding to change name does not effect abatement..... by committee of incompetent person to be filed annually. designation of person to serve summons upon, during 430 841 .2668, 2676 473 531 compelling accounting from party whose letters have been revoked... 2605 deceased executor, administrator, guardian or testamentary trustee; ac- 2606 accounting on application of executor or administrator for revocation of guardian; when ward or successor may require accounting in case of guardian; accountings by in general.. petition to compel payment of debt or legacy; hearing; decree.... 2722 2723 2724 intermediate accounting... 2725 judicial settlement of account; when may be required... 2726 2727 executor's petition for judicial settlement, citation and hearing. determination of claims by surrogate; suspension of statute of limita- ACCOUNTING IN SURROGATE'S COURT-continued. effect of judicial settlement of account.. decree for payment and distribution. id.; when specific property may be delivered. id.; when money may be retained.. id.; share of infant... legacy, etc., to unknown person to be paid into State treasury when legacy, etc., to be paid to county treasurer.. ACKNOWLEDGMENTS justices of city court of New York, may take... to take action out of statute of limitations of deed; when entitled to be received in evidence. proof; when may be rebutted... 937 what instrument may be acknowledged and thereupon read in evidence... fees for acknowledgments ACTION defined.. refers in code to civil action. division into civil and criminal.. criminal action defined.. civil action 66 parties to civil action defined. distinction between action at law and in equity abolished. not discontinued by vacancy or change in judge. 866-8 3333 3343 3335 3336 3337 3339 25 when counterclaim deemed an action for trial of issues.. ACTION TO RECOVER CHATTEL See REPLEVIN. 398-407 448 511 974 982-991 .1279-1281 1899 1909 See COURTS. testimony of hospital physician or surgeon may be taken before referee. costs upon.. ADJOURNMENT IN JUSTICES' COURTS.. 836 2562 2563 3232 3253 8254 3262 3257 2079 .3129, 3130 452 34-45 3255 2959-2968, 2983 costs upon in justices' courts in Brooklyn 3133 ADMINISTRATION "letters of administration" defined with reference to chapter on surrogate's courts. 2514 with will annexed... .2643-2646 grant of letters 2660-2667 See also AccoUNTINGS IN SURROGATES' COURTS; LETTERS OF ADMINISTRA- deposit of securities to reduce penalty of bond.. 2595 when decree directing payment to creditor, etc.; evidence of assets 2552 liability of, for money or property received. 2596 removal of, for failure to give new bond. 2599 surrogate may direct custody or deposit of money on disagreement of co- administrator.. 2602 decree for payment on giving security. ................ 2718 2721 2722 2723 exempt property; proceedings for neglect to set apart..... 2724 2730 2739 2740 2865 claims for or against may be determined upon accounting. 735 persons acting under ancillary letters must transmit assets.. petition; citation... 2697 hearing; security.. 2698 2199 id.; general powers and duties.. id.; when they may be directed to pay, etc., without transmission. 2700 2701 papers recorded, etc.; how authenticated. recording wills proved in other states, etc.. 2702 2703 of guardianship.... 2704 ANIMAL STRAYING UPON HIGHWAY; ACTION OR SPECIAL PROCEEDING RELA 2838-2841 answer; trial. 3089 application of proceeds of sale... decision in favor of petitioner; warrant to sell; execution thereof. 3090 3091 disposition of surplus. 3022 id. when no claim made within a year. 3093 order upon claim for surplus; appeal therefrom.. 3094 proceedings upon decision in favor of person answering.. 3095 action by petitioner and by officer. id.; when animal willfully set at large by third person.. action by owner in such a case. demand of possession before trial. Proceedings thereupon.. 3096 3097 3098 3099 demand of possession after final order and before sale. order upon demand of possession; appeal therefrom. id.; stay of proceedings. appeal from final order.. 3100 3101 3102 3103 3104 surplus, where there are different owners... when one action, etc., supersedes any other.. rights of officer when private person fails to prosecute.. ANNUITIES- ANNULMENT OF ATTACHMENT- NIMAL STRAYING UPON HIGHWAY; ACTION OR SPECIAL PROCEEDING RELA- TIVE TO-continued. id.; by claimant; stay of proceedings and delivery of possession.. proceedings upon affirmance. limitation of action for seizing animals.. such cases. proceedings in other cases, where there are different owners... where several animals are trespassing, damages are entire. Proceedings in SECTIONS 3105 3106 3107 3108 3109 3110 8111 3112 3113 3114 3115 apportionment by executors and administrators...... 2720 when warrant of attachment is said to be annulled.... 3343 next friend of infant, lunatic, etc., how allowed to sue, etc.,. 1755 when defendant may interpose in cases of substituted service. judgment, when demand and counterclaim are equal or unequal. counterclaim, when defendant is sued in a representative capacity. 501 502 503 504 505 506 partial defenses. defendant may interpose several defenses or counterclaims; rules relating when defendant to demand affirmative judgment. 507 508 509 dilatory defenses to be verified. judgment where counterclaim only is interposed for less than plaintiff's when pleadings admit part of plaintiff's claim to be just, action may be 511 512 513 in action to compel determination of claim to real property. injunction after service of. verified answer on contested application for injunction order, or to vacate in summary proceedings.. ANSWER IN JUSTICES' COURTS, 609 630 1543 .1639, 1640 1757 2214 2939 |