Page images
PDF
EPUB

[Volume I ends with page 1169.)
AFFIDAVITS - Continued.

| AFFIDAVITS - Continued.
to compel the substitution of repre to move to discharge person privi-

sentative of deceased adverse leged from arrest, F. 962, p. 1312.
party, F. 2108, p. 2086.

to move to discharge person of un-
to move to substitute personal rep. sound mind, or infant under four-

resentative of party dying after teen, F. 963, p. 1313.
appeal, F. 2110, p. 2087.

to obtain order of arrest after ver-
to procure order to show cause why dict, F. 1640, p. 1803.

judgment or order should not be and undertaking to obtain attach-
reversed, etc., after death of par. ment. See contents, p. 1178.
ties, F. 2115, p. 2090.

on applying for attachment; the
for alimony and counsel fee, F. 994, practice stated, p. 1181.
p. 1331; F. 996, p. 1335.

to move for leave to sue with sher-
same, pending appeal, F. 995, p. 1

iff in aid of attachment, F. 301,
1334.

p. 540.
to obtain order to annex, by amend.

to sue in name of sheriff in aid of
ment, an omitted clause in order attachment. See p. 543, etc.
of reference in foreclosure, F. 32,

to obtain order under attachment
p. 22.

to open debtor's safe deposit box,
of filing amended summons before F. 845, 846, p. 1209.
publication or service, F. 423,

to falsity of certificate, or refusal
p. 700.

to make certificate on which to
to obtain order amending order,

move for examination of debtor
F. 27, p. 21.

under attachment, F. 857, p. 1220.
to obtain order amending as to

for order to show cause why debtor
names, etc., in summons or in

should not answer on examination
summons and complaint, F. 431,

at instance of attaching creditor,
p. 722.

F. 862, p. 1224.
to obtain order amending summons

by attorney in corroboration of ref-
and complaint by inserting name

eree's certificate to debtor's re-
of defendant who should have

fusal to answer as to property
been originally made a party, F.

under attachment, F. 862, p. 1224.

of third person's claim
434, p. 726.

to property

levied upon, F. 867, p. 1227.
to move to dismiss appeal for neg.
lect to give new undertaking, F.

of claimant (or his agent) of a ves-

sel attached, F. 877, p. 1232.
2096, p. 2078.
to obtain stay on appeal from an

of defendant to obtain release of
order or judgment, F. 2100, p.

foreign vessel when attachment

has been vacated after undertak-
2080.
to obtain order to mark judgment

ing given, F. 885, p. 1236.
“lien suspended on appeal,”

by joint owner (or his agent) to ob.
F.

tain sale of foreign or domestic
2104, p. 2083.

vessel not duly claimed by third
to obtain order of arrest, except in

person, F. 888, p. 1237.
replevin (general Form), F. 927,

to obtain sale of foreign or domes-
p. 1274.

tic vessel attached and not duly
to obtain order to amend complaint

claimed by any third person, F.
by adding allegation of ground of

889, p. 1238.
arrest, F. 953 (see F. 927, p. 1274).

to obtain order to sell property
to obtain order of arrest by reason

which is perishable or expensive
of apprehended evasion of the ju-

to keep, F. 890, p. 1238.
risdiction (ne exeat), F. 947, p. to obtain order to show cause why
1296.

attachment should not be va-
to obtain arrest, in replevin, for cated, F. 896, p. 1247.
goods fraudulently disposed of

for subsequent attaching creditor's
with intent to deprive plaintiff

motion to vacate attachment, F.
thereof, F. 949, 950, p. 1298. ! 910, p. 1251.
to move to vacate arrest, F. 955, p. for an assignee's motion to vacate
1306.

attachment, F. 911, p. 1253.

1961.

[Volume I ends with page 1169.]
AFFIDAVITS - Continued.

| AFFIDAVITS - Continued.
on motion to vacate attachment by to attach witness (common Form),

one claiming under a transfer F. 1259, p. 1543.
from defendant subsequent to at. to attach witness not obeying sub-
tachment, F. 912, p. 1254.

pæna to attend before sheriff's
to vacate attachment on the ground

jury, F. 1261, p. 1544.
of unexpired credit, F. 913, p. 1255.

to obtain summary commitment for
to move to discharge attachment as

non-payment of money directed
to interest of a co-partner in levi.

by order, F. 1276, p. 1555.
able property, F. 918, p. 1261.
to move to discharge attachment as

by counsel for trustees to his ser-
to non-leviable nroperty belonging

vices, and their value, F. 210, p.
to defendant and his co-partner,

336.
F. 920, p. 1262.

to procure order to take deposition
by the fund-holder in corroboration for use upon a motion, F. 53-56,

of an affidavit to discharge at p. 172-176.
tachment as to non-leviable prop to move for commission to take de-
erty belonging to defendant and position of specified witnesses

his co-partner, F. 921, p. 1263. without the State, F. 1430, 1431,
to move to vacate notice of attach: |

p. 1659, 1660.
ment on real property, F. 923, p. of agent bringing deposition, F.
1:265.

1480, p. 1683.
of debtor to move for exoneration of

to move for open commission or an
bail, who have been sued, and

order to take depositions of wit-
having surrendered after their

nesses, F. 1496, p. 1688.
time to answer has expired, F.

to obtain order to take deposition
986, p. 1325.

conditionally (de bene esse), F.
to move for enlargement of time to
surrender, F. 988, p. 1327.

1506, p. 1696.
to move for exoneration of bail on

to disbursements in proceedings on
death or imprisonment of princi.

original petition, F. 209, p. 335.
pal, F. 990, p. 1328.

to disbursements upon taxation of
to obtain order for bill of particu-

costs, F. 1689, p. 1846.
lars, F. 1063, p. 1397.

to oppose petition for discovery, F.
to obtain further account or further

1389, p. 1627.
bill of particulars, F. 1078, p.

to move for dismissal without trial,
1406.

F. 1289, p. 1562.
of applicant for leave to sue on a

to obtain order for sequestration and
bond conditioned to pay when re receiver of husband's property in

quired by the court, F. 304, p. 547. divorce proceedings, F. 1003, p.
for motion to place on short-cause 1338.
calendar, F. 1608, p. 1787.

to obtain order to show cause why
to oppose motion to place on short-

husband should not be attached
cause calendar, F. 1609, p. 1788.

for contempt on not paying ali-
to disbursements on confessing judg-

mony, etc., F. 1005, p. 1339.
ment, F. 351, p. 607.

denying cohabitation in action to
to obtain consolidation of actions,

annul marriage, F. 1898. p. 1957.
F. 1231, p. 1519.

of continued lunacy in action to an.
to move to punish for contempt, in nul marriage, F. 1899, p. 1958.

putting in false justification, F. denying collusion, etc., in case of
263, p. 483.

adultery, F. 1900, p. 1958.
to obtain order to show cause why to move that attorney bringing

accused should not be punished ejectment produce authority, F.

for contempt, F. 1242, p. 1529. 1213, p. 1509.
of service of order to show cause in support of motion to compel
in contempt, F. 1245, p. 1533.

election between causes of action,
to obtain attachment for contempt F. 1096, p. 1421.

to issue in the first instance to obtain examination of adversary
(general Form), F. 1254, p. 1539. in expected action, F. 295, p. 536.

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

AFFIDAVITS — Continued.
to obtain examination of party to | by mortgagee of non-payment of

enable other party to plead (gen money to redeem, F. 2021, p. 2033.

eral Form), F. 1014, p. 1358. of amount due remaining unpaid,
same; of corporation, F. 1013, p.

on judgment to redeem, F. 2221,
1353.

p. 2178.
to obtain examination of plaintiff,

to sum remaining unpaid on mort-
to enable defendant to plead and
to prove his case (defense of

gage to redeem, F. 2222, p. 2179.
fraud to action on a sale), F.

of proposed guardian ad litem to
1015, p. 1360.

his competency, F. 342, p. 592; F.
to obtain examination of adverse 484, p. 838.
party before trial, F. 1398–1407, p.

of service of order appointing guar.
1634, etc.

dian ad litem nisi, and of default,
to obtain examination of party at F. 491, p. 845.

his own instance, F. 1408, p. 1642. to obtain confirmation of service on
to move for leave to file and serve infant defendant, and appoint-
exceptions and make case nunc

ment of guardian ad litem, nunc
pro tunc, F. 1752, p. 1883.

pro tunc, F. 494, p. 847.
to obtain leave to issue execution

to obtain habeas corpus ad testifi.
for possession of realty after

candum, F. 1515, p. 1705.
death of party against whom

order impounding for prosecution in
judgment was had, F. 2164, p.

perjury, F. 122, p. 271.
2124.
to move for leave to issue execution

to move to set aside judgment
after lapse of five years, F. 2167

against infant without appoint-
p. 2126.

ment of guardian ad litem, F.
to move for execution against prop 2012, p. 2045.

erty of a judgment-debtor having complaint used as, to obtain injunc-
died after judgment, F. 2171, p. tion, p. 902.
2130.

to move for injunction-contents,
to obtain execution on judgment 905.

against executor or administrator to truth of allegations in complaint
as such, F. 2177, p. 2138.

to move for injunction, F. 527, p.
to obtain special execution on judg.

911.
ment for necessaries, F. 2197, p. in corroboration of affidavit for in-
2162.

junction by attorney, F. 528, p.
of sheriff to obtain order extend-

912.
ing time to return conflicting ex-

to truth of allegations in complaint
ecutions, etc., F. 2217, p. 2172.
to obtain discharge from execution

(another Form), F. 529, p. 913.
against the person, F. 2226, p.

the same (another Form), F. 530,
2183.

p. 913.
to claim presented to executors or

to obtain injunction against delive'
administrators, F. 277, p. 516.

ery of pledge wrongfully sold, F.
for an ex-parte Application, F. 52,

531, p. 914.
p. 171; F. 817 p. 1172.

by co-plaintiffs in support of mo.
of merits to move for extension of tion for injunction, F. 534, p. 916.
time to plead, F, 1031, p. 1372.

of service of injunction granted by
compelling to file, p. 57.

a judge, F. 661, p. 982.
for motion to take off the files for the same granted by the court, F.

scandal and impertinence, F. 46, 662, p. 982.
p. 62. (And see p. 296.)

on application to vacate injunction.
to move to vacate order for neglect For the practice see p. 984.

to file papers, F. 176, p. 300. to apply er-parte to judge to va-
to move to compel filing of plead. cate er-parte injunction, F. 663,
ings, F. 1039. p. 1377.

p. 988.
to move after foreclosure for leave to obtain order that the plaintiffs

to sue for deficiencv a party to in two causes in the same court
the forclosure, F. 312, p. 555.

interplead, F. 1156, p. 1472.

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

| AFFIDAVITS - Continued.
to obtain order interpleading third on motion to cancel lis pendens, F.

person and discharging defendant 524, p. 895.
on payment into court, etc., F.

of merits; who by, p. 170; p. 1784.
1144, p. 1403.

of merits; service on day of in-
to move for leave to sue on a judg-

quest, p. 382.
ment in the court in which it was

of merits to prevent inquest, F.
recovered, F. 319, p. 561.

1604, 1605, p. 1784, 1785.
of regularity to enter judgment on

to obtain order for payment out of
default with the clerk, F. 1562, p.

money in court, F. 1318, p. 1581.
1750.
to apply for judgment as on de.

for a motion (general Form), F. 52,
fault, for failure of corporation

p. 169; F. 815, p. 1171.
defendant to serve order for trial to obtain order to show cause why
of action for damages on evidence new trial should not be ordered
of debt, F. 1503, p. 1751.

on the minutes, F. 1643, p. 1805.
of regularity to enter judgment on to move for new trial for juror's

application to the court (general misconduct, F. 1648, p. 1809; for
Form), F. 1568, p. 1755.

party's communicating with jury,
of regularity to obtain personal

F. 1649, p. 1810; on ground of
judgment on default after service

surprise, F. 1650, p. 1811; for
by publication and attachment,

newly discovered evidence, F.
F. 1579, p. 1762.

1651, 1652, p. 1813, etc.
of regularity in foreclosure, on mov-

to move for new trial in ejectment,
ing for judgment on default, or

F. 1943, p. 1986.
for preliminary reference to com-

to authenticate attorney's offer of
pute, F. 1584, p. 1766.

judgment or acceptance, F. 1304,
to move for judgment for want of

p. 1573.
reply, F. 1592, p. 1773.

to enter judgment on accepted of-
to move on behalf of third person,

fer, F. 1306, p. 1574.
claiming as a creditor of the
parties, to resettle judgment by

to move for payment of sum ad-
striking out extravagant allow-

mitted by answer, F. 1308, P.
ances, F. 2034, p. 2038.

1575.
to move to vacate judgment entered

for plaintiff to obtain leave to add
on false affidavit of service of

formal parties (with leave to
summons, F. 2038, p. 2042.

amend), F. 1116, p. 1443.
to move for leave to defend after

for plaintiff to move to strike out a
judgment on service by publica-

defendant who has died, leaving
tion (in divorce), F. 2041, p. 2044.

neither representatives nor assets
to enter judgment on order of Ap-

subject to the jurisdiction, F.
pellate Division on demurrer, F.

1112, p. 1441.
2145, p. 2108.

for plaintiff to move to bring in one
of publication of order for judicial who, pending the action, has
sale, F. 2234, p. 2190.

made himself liable to suit and
on motion to stay sale, F. 2230, p. injunction, F. 1120, p. 1446.
2188.

for plaintiff to move for leave to
to move to open judicial sale, F. bring in a new-born infant, F.
2251, p. 2200.

1118, p. 1445.
on the part of purchaser to move or former attorney in corroboration

to be discharged, F. 2257, p. 2203. of moving affidavit to bring in
to move to compel purchaser to third party, F. 1169, p. 1479.
complete his purchase, F. 2262, p. by judgment-creditor to move to

come in before judgment as co-
to move to vacate leave to sue as a plaintiff in creditor's action, F.
poor person, F. 500, p. 853.

1199, p. 1497.
to obtain warrant to seize chattel of landlord to move to be made co-

under foreclosure of lien, F. 812, defendant in ejectment, F. 1208,
p. 1167.

p. 1503.

2207.

[Volume I ends with page 1169.)
AFFIDAVITS - Continued.

| AFFIDAVITS - Continued.
by owner of chattels to intervene in to obtain order to show cause why

action for their possession, F., removed receiver should not be
1209, p. 1504.

punished for contempt for failing
to move for preliminary reference to pay over, F. 787, p. 1141.

in partition, F. 1964, p. 2001. to move for reference of an action
of desire to enjoy shares in common involving a long account, F. 1816,
in partition, F. 1965, p. 2005.

p. 1914.
to obtain perpetuation of testimony to oppose motion for reference, F.

of a witness in an expected ac 1819-1822, p. 1917.
tion, F. 295, p. 536.

to move to vacate proceedings taken
to move to change place of trial. after notice terminating reference,
See list, p. 1723, etc.

F. 1844, p. 1926.
to oppose change of place of trial, i of regularity to apply for judgment
F. 1547, p. 1734.

of divorce or reference, F. 1897,
pleading; moving to compel a reply,

p. 1956.
F. 1099, p. 1423.

to move for reference of claim to
to obtain preference on the calen surplus in foreclosure, F. 1957, p.

dar, on facts not appearing in 1999.
the papers, F. 1319, p. 1583.

to move for judgment, or for pre-
by attorney of facts as to previous liminary reference in partition,
application, F. 185, p. 322.

where no material issue was
to prevent arrest of witness, or ob raised, F. 1964, p. 2004.

tain discharge when arrested, in to obtain stay in local court to en-
a civil action or proceeding, in able applicant to move Supreme
violation of privilege, F. 1517, p. Court for removal of cause, F.
1707.

1551, p. 1739.
to procure order to produce docu-

to oppose motion to remove cause
ments at the trial, F. 1513, p. and change place of trial, F. 1556,
1703.

P. 1743.
to obtain, at Appellate Division, al of prejudice or local influence to re-

native writ of prohibition to Spe. move cause, F. 459, p. 805.
cial Term, F. 478, p. 828.

of sufficiency of sureties in bond on
of publication, p. 361; F. 215, p. removal of cause (short Form), F.
365.

461, p. 806.
on application for receivers, p. in replevin (claim and delivery), F.
1008.

793, p. 1152.
to obtain order to show cause why by agent or attorney, F. 794, p.

receiver should not be appointed 1155.

(general Form), F. 675, p. 1027. in replevin where exempt property
to obtain receiver in foreclosure, F. has been seized on execution, F.
698, 699, p. 1049, 1051.

795, p. 1156.
to obtain receiver of partnership on part of defendant to reclaim
assets, F. 703, p. 1060.

chattels replevined, F. 805, p.
to obtain appointment of receiver 1162.

in a judgment-creditor's action to of third claimant in replevin, F.
sequestrate corporate property, F. 807, p. 1164.
716, p. 1076.

to obtain restitution after reversal
on behalf of receiver to obtain de at Appellate Division, F. 2147, p.

livery of books and papers, F. 2109.
741, p. 1102.

to obtain security for costs from
for motion to compel tenants to pay non-resident plaintiff or relator,
to receiver. F. 743, p. 1103.

F. 502, p. 860.
to obtain order staying other ac. to obtain security for costs in case

tions affecting assets under re of relator having removed pend.
ceivership. F. 744. p. 1104.

ing suit, F. 503, p. 862.
of receiver to his account, F. 771, the same; in case of plaintiff im-
p. 1129.

prisoned for crime, F. 505, p. 863.

« PreviousContinue »