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2268. Order that a third person pay

the costs of an action.

2269. -- an attorney for non-resi

dent pay costs, etc.

FORM No. 2268. Order that a third person pay the costs of an action. 51 [Title (court order) and recitals as in other cases, but reciting personal service on, or appearance of, the third person.]

ORDERED, 1. That said N. X., as a person beneficially interested in the recovery in this action, pay to T. Z., attorney for the defendant Y. Z., within [five] days after the service upon him of a copy of this order, the costs recorered by said defendant 1. Z. against the plaintiff in this action, amounting to the sum of dollars, with interest thereon from , , 19, to the date of said payment, for which judgment was entered in this action on the day of , 19 , in faror of the said defendant against the said plaintiff, together with $10 costs of this motion.62

Enter: [signature of judge by initials of name and title.]

51 Sustained in Merceron r. Fowler, 46 X. Y. Super. Ct. 351; N. Y. Code Civ. Pro., $' 3247; S. P., Slauson t. Watkins, 95 X. Y. 369.

The statutory provision is not violative of the Constitution. Tucker r. Gilman, 58 Hun, 167, 11 N. Y. Supp.

costs, or to avoid giving security for costs, where the assignor retains the beneficial interest, is within the statute. Friedman c. Met. Steamship Co.. 109 App. Div. 600, 96 N. Y. Supp. 331. Pendleton t. Johnson, 18 N. Y. Supp. 211, 21 Civ, Pro. 272.

52 The person ordered to pay the costs may be punished for contempt on failure to comply with the order. Tucker . Gilman, 14 N. Y. Supp. 392, 20 Civ. Pro. 397. Contra, Mor. rison r. Lester, 15 Hun, 538.

A judgment creditor, on whose behalf a receiver has sued, is liable. Bourdon 1, Martin, 84 Hun, 179, 32 X. Y. Supp. 441.

A transfer to escape liability for

FORM No. 2269. Order that an attorney for non-resident pay part costs, and the assignee of

the demand pay the balance.53

At a Special Term [etc., as in

Form 820, p. 1174]. [Title of action.]

On reading and filing the affidavit of Y. Z., verified the day of , 19 , showing to the satisfaction of the court that the plaintiff is, and at the commencement of this action54 was, a non-resident of the State of , and that this suit was prosecuted for the benefit of M. N., the assignee of the note on which the action was founded; and after hearing A. T. of counsel for the plaintiff, and T. Z. of counsel for defendant; Now, on motion of T. Z., attorney for defendant:

ORDERED, that said A. T. pay to the defendant his costs accrued in this cause to an amount not exceeding the sum of one hundred dollars; and that the said M. N. pay to the defendant the balance of said costs, and ten dollars the costs of this motion.

Enter: [signature of judge by initials of name and title.]

53 This Form is adapted from War. ing v. Barett, 2 Cow. 460; S. P., N. Y. Code Civ. Pro., § 3278.

54 An affidavit that plaintiffs are non-residents is insufficient. Moire. Brown, 9 How. Pr. 270; Long v. Hall, 3 Sandf. 729; Alexander v. Carpenter, 3 Den. 266.

The only way which an attorney's liability for costs can be properly adjudicated upon is by motion for an order requiring him to pay the costs. In re Levy, 2 Civ. Pro. Rep. (Browne) 108.


[To avoid swelling the index unnecessarily, the lists of forms given at the
head of each chapter, or division of a chapter, are not reprinted here in full,
but the reader is referred to them instead, wherever this has seemed likely
to save time in search.

Thus, under “ Affidavit,” the reader is first referred to p. 13, where he will
find a list of common forms applicable to affidavits in general, which list is
not reprinted at length in the index. Following this reference he will find
in the index an alphabetic list of all the affidavits for particular purposes
which are scattered through the volume. So under “Injunction " the reader
is first referred to those pages where he will find the extended contents of
the text and forms for Injunctions in general, and motions relative thereto;
to this is added, in the index, an enumeration of the forms in other parts
of the book which bear on this subject, such as the injunction often in-
serted in an order appointing a receiver (contained in the article on Receiv-
ers); the dissolution of an injunction by final judgment (contained in the
chapter on Trial and Judgment).]

[Volume 1 ends with page 1169.)
ABANDONMENT of part of claim in | ACCEPTANCE, compelling, of bill of
replevin, F. 801, p. 1160.

I particulars, F. 1081, p. 1407.
ABATEMENT of action, p. 1432. ACCOUNT, referred to in pleading;
affidavit to move to declare action and demand of copy. See list,
abated, F. 1138, p. 1460.

p. 1394.
order of, F. 1140, p. 1461.

of receiver. See list, p. 1126; re-
stipulation to waive, F. 1618, p. port of referee passing, F. 775,

p. 1132.
suggestion of death, F. 247, p. 447. ACCOUNT BOOKS, compelling pro-
entitling papers after change of duction at trial of, affidavit for,
parties, p. 38.

F. 1513, p. 1703.
order vacating injunction because order for production of, F. 1514, p.
of, F. 668, 669, p. 991, 992.

recital of abatement and continu subpena for, F. 1512, p. 1702.

ance in judgment, F. 1704, p. 1856. ACCOUNTING, of receiver, p. 1126.
of nuisance, publication of notice, action for does not abate, p. 1433, n.
p. 347, n.

order of surrogate that executor or
ABBREVIATIONS of names in sum administrator render an interme.
mons, p. 624.

diate, F. 2181, p. 2142.
ABIDE EVENT, order that one ac. power given on reference of the is.

tion abide even of another, F. sues, F. 1828, p. 1920.
1236, p. 1523.

reference to examine account of
stipulating to, p. 436; F. 242, p. 443. special guardian after objections
costs ordered to abide event, P. or exceptions, F. 1341, p. 1594.

examination before trial in action
ABSCONDING, affidavit of, to obtain for, F. 1399, p. 1636; in action

service by publication, etc., F. 391, against broker for, F. 1399, p.
p. 674; attachment. F. 830, p. 1195; 1636.
arrest, F. 943, p. 1290.

examination of party, and discovery
ABSENCE, affidavit proving, p. 658. and inspection of books and vouch-
allegation of fruitless inquiry, to ers in action for, p. 1347, n.
establish, P. 667.

order that books and papers be de.
for forms, see F. 390. p. 673; F. 400, posited with referee, F. 1353, p.
p. 682; F. 408, p. 687.

1597 (and see ACCOUNT).

(Volume I ends with page 1169.)
ACCOUNTING - Continued.

ADMISSIONS - Continued.
direction for accounting before by attorney-general of service of

judgment, F. 1792-1803, p. 1900, motion papers, etc., F. 720, p.

appearance of third persons before of personal service of summons, etc.,
referee on, F. 1806, p. 1906.

F. 382, p. 649.
exceptions to report of a referee ap of service and consent to immediate

pointed to take and state an ac judgment, F. 383, p. 650.
count, F. 1809, p. 1908.

of service of notice of sale of real
appointing a receiver pending, F. property, F. 2229, p. 2188.
704–709, p. 1061.

by plaintiff of defendant's counter-
recital in judgment that trustee ae claim, F. 1105, p. 1427.

counted in open court, F. 1773, p. 1 of facts by attorney's stipulation,

p. 435.
ACKNOWLEDGMENTS. For the prac of genuineness of documentary evi-

tice and list of common forms, dence, F. 1382, p. 1614.
see p. 2.

of copy document, F. 1372. p. 1611.
see also as to bonds, p. 25; under of details stated in schedule, F.
takings, p. 460; satisfaction

1370, p. 1611.
pieces, p. 2061, 2062.

of counsel, on motion, to be recited
ACTION, abatement of. See ABATE-

in order, p. 225,

ADVERTISEMENT for liens in parti-
seg to move rather than tion, F. 1998, p. 2022.
bring new action, p. 77, 148, 613, n.

of sale in foreclosure, partition,
severing, p. 1387.

etc., F. 2228, p. 2186.
one motion or proceeding in several as to publishing legal advertise-
actions, p. 84.

ments, see PUBLICATION,
what is on contract, p. 1269.

AFFIDAVITS. For the practice, see
by receiver, p. 1019; against re-

p. 11-13; p. 1181.
ceiver, p. 1020.

Formal parts, see list of Forms,
affecting stipulations, p. 441.

p. 13.
enjoining previous action, p. 822. certificate of authority of foreign
on undertaking, p. 993.

officer taking, F. 20, p. 16.
ADDRESS or direction of notice, p. compelling for motion, p. 106; F.

53-59, p. 172.
of petition, p. 315.

liability to be compelled to make,
obtaining address of adverse party, for motion, p. 507.
F. 117, p. 1431.

on motion to declare abatement of
ADJOURNMENT of court to cham action, unless the representatives
bers, p. 134; F. 73, p. 184.

contínue it, F 1138, p. 1460.
of motion, p. 137; F. 124–127, p. for plaintiff to move to substitute

272, 273; for further preparation, executor or administrator of de-
etc., F. 74, p. 184.

ceased defendant (short Form),
special appearance to oppose, F. 443, F. 1125, p. 1449.
p. 740.

of attachment issued, and death of
notice to bring on hearing of mo defendant before publication of

tion after indefinite adjournment, summons completed, F. 1131, p.
F. 51, p. 168.

of reference by court, pending stay, to obtain order on behalf of defend-
F. 232, p. 426.

ant continuing action in name of
of examination before trial, F. 1421, representative or Successor of
p. 1649.

plaintiff, deceased or assigned, F.
of judicial sale, notice of, for ser 1141, p. 1461,
vice, F. 2233, p. 2189.

for motion, on behalf of executor
ADMISSION, of service of papers, F. or administrator, heir, devisee, as-
11, p. 9.

signee, receiver, etc., to he sub-
not conceding timeliness, F. 12, p. 9. stituted in place of original plain-
of receipt of copy, F. 13, p. 9.

tiff or defendant, F. 1160, p. 1475.

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