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INDEX.

ABANDONMENT OF CLAIM-
in replevin action

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.....
ABBREVIATIONS-

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by committee of incompetent person to be filed annually.
ACCOUNTING IN SURROGATE'S COURT-

designation of person to serve summons upon, during
presumption of death arising from, continued.

430

841

.2668, 2676

473

531

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compelling accounting from party whose letters have been revoked...

2605

deceased executor, administrator, guardian or testamentary trustee; ac-
counting by executor of....

2606

accounting on application of executor or administrator for revocation of
letters...

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guardian; when ward or successor may require accounting in case of
revoked letters....

guardian; accountings by in general..

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petition to compel payment of debt or legacy; hearing; decree....
decree for payment of debt or legacy on giving security..
proceedings for neglect to set apart exempt property.

2722

2723

2724

intermediate accounting...

2725

judicial settlement of account; when may be required...
citation; order to account and proceedings thereon

2726

2727

executor's petition for judicial settlement, citation and hearing.
affidavit to account; vouchers; examination of accounting party.
commissions of executor or administrator

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determination of claims by surrogate; suspension of statute of limita-
tions....

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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...

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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

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when counterclaim deemed an action for trial of issues..

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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.

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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-
TION, SURROGATES' COURTS,

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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

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decree for payment on giving security.

................

2718

2721

2722

2723

exempt property; proceedings for neglect to set apart.....
commissions of..

2724

2730

2739

2740

2865

claims for or against may be determined upon accounting.

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735

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persons acting under ancillary letters must transmit assets..

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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

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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..
person having a special property deemed owner.
agent may act for his principal...

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..
certain actions cannot be maintained.

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

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next friend of infant, lunatic, etc., how allowed to sue, etc.,.
judgment in to be by court only.

1755

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when defendant may interpose in cases of substituted service.
demurrable objections, when may be taken by..

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judgment, when demand and counterclaim are equal or unequal.
id.; for affirmative relief..

counterclaim, when defendant is sued in a representative capacity.
id.; when plaintiff is an executor or administrator.

501

502

503

504

505

506

partial defenses.

defendant may interpose several defenses or counterclaims; rules relating
thereto

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
claim....

when pleadings admit part of plaintiff's claim to be just, action may be
severed, etc.....

511

512

513

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in action to compel determination of claim to real property.
in divorce

injunction after service of.

verified answer on contested application for injunction order, or to vacate
or modify same......

in summary proceedings..

ANSWER IN JUSTICES' COURTS,

609

630

1543

.1639, 1640

1757

2214

2939

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