AFFIDAVITS — Continued.
to compel the substitution of repre-
sentative of deceased adverse
party, F. 2108, p. 2086.
to move to substitute personal rep-
resentative of party dying after
appeal, F. 2110, p. 2087.

to procure order to show cause why
judgment or order should not be
reversed, etc., after death of par-
ties, F. 2115, p. 2090.

for alimony and counsel fee, F. 994,
p. 1331; F. 996, p. 1335.
same, pending appeal, F. 995, p.

1334.

to obtain order to annex, by amend-
ment, an omitted clause in order
of reference in foreclosure, F. 32,
p. 22.

of filing amended summons before
publication or service, F. 423,
P. 700.

to obtain order amending order,
F. 27, p. 21.

to

to obtain order amending as
names, etc., in summons or in
summons and complaint, F. 431,
p. 722.

to obtain order amending summons
and complaint by inserting name
of defendant who should have
been originally made a party, F.
434, p. 726.

to move to dismiss appeal for neg
lect to give new undertaking, F.
2096, p. 2078.

to obtain stay on appeal from an
order or judgment, F. 2100, p.
2080.

to obtain order to mark judgment
"lien suspended on appeal," F.
2104, p. 2083.

to obtain order of arrest, except in
replevin (general Form), F. 927,
p. 1274.

to obtain order to amend complaint
by adding allegation of ground of
arrest, F. 953 (see F. 927, p. 1274).
to obtain order of arrest by reason
of apprehended evasion of the ju-
risdiction (ne exeat), F. 947, p.
1296.

to obtain arrest, in replevin, for
goods fraudulently disposed of
with intent to deprive plaintiff
thereof, F. 949, 950, p. 1298.

to move to vacate arrest, F. 955, p.
1306.

AFFIDAVITS Continued.

to move to discharge person privi-
leged from arrest, F. 962, p. 1312.
to move to discharge person of un-
sound mind, or infant under four-
teen, F. 963, p. 1313.

to obtain order of arrest after ver-
dict, F. 1640, p. 1803.
and undertaking to obtain attach-
ment. See contents, p. 1178.
on applying for attachment; the
practice stated, p. 1181.

to move for leave to sue with sher-
iff in aid of attachment, F. 301,
p. 545.

to sue in name of sheriff in aid of
attachment. See p. 543, etc.

to obtain order under attachment
to open debtor's safe deposit box,
F. 845, 846, p. 1209.

to falsity of certificate, or refusal
to make certificate on which to
move for examination of debtor
under attachment, F. 857, p. 1220.
for order to show cause why debtor
should not answer on examination
at instance of attaching creditor,
F. 862, p. 1224.

by attorney in corroboration of ref-
eree's certificate to debtor's re-

fusal to answer as to property
under attachment, F. 862, p. 1224.
of third person's claim to property
levied upon, F. 867, p. 1227.
of claimant (or his agent) of a ves-
sel attached, F. 877, p. 1232.
of defendant to obtain release of
foreign vessel when attachment
has been vacated after undertak-
ing given, F. 885, p. 1236.
by joint owner (or his agent) to ob-
tain sale of foreign or domestic
vessel not duly claimed by third
person, F. 888, p. 1237.

to obtain sale of foreign or domes-
tic vessel attached and not duly
claimed by any third person, F.
889, p. 1238.

to obtain order to sell property
which is perishable or expensive
to keep, F. 890, p. 1238.

to obtain order to show cause why
attachment should not be va-
cated, F. 896, p. 1247.

for subsequent attaching creditor's
motion to vacate attachment, F.
910, p. 1251.

for an assignee's motion to vacate
attachment, F. 911, p. 1253.

AFFIDAVITS - Continued.
on motion to vacate attachment by
one claiming under a transfer
from defendant subsequent to at-
tachment, F. 912, p. 1254.
to vacate attachment on the ground
of unexpired credit, F. 913, p. 1255.
to move to discharge attachment as
to interest of a co-partner in levi-
able property, F. 918, p. 1261.
to move to discharge attachment as
to non-leviable property belonging
to defendant and his co-partner,
F. 920, p. 1262.

by the fund-holder in corroboration
of an affidavit to discharge at-
tachment as to non-leviable prop-
erty belonging to defendant and
his co-partner, F. 921, p. 1263.
to move to vacate notice of attach-
ment on real property, F. 923, p.
1265.

of debtor to move for exoneration of
bail, who have been sued, and
having surrendered after their
time to answer has expired, F.
986, p. 1325.

to move for enlargement of time to
surrender, F. 988, p. 1327.

to move for exoneration of bail on
death or imprisonment of princi-
pal, F. 990, p. 1328.

to obtain order for bill of particu-
lars, F. 1063, p. 1397.

to obtain further account or further
bill of particulars, F. 1078, p.
1406.

of applicant for leave to sue on a

bond conditioned to pay when re-
quired by the court, F. 304, p. 547.
for motion to place on short-cause
calendar, F. 1608, p. 1787.

to oppose motion to place on short-
cause calendar, F. 1609, p. 1788.
to disbursements on confessing judg-
ment, F. 351, p. 607.

to obtain consolidation of actions,
F. 1231, p. 1519.

to move to punish for contempt, in
putting in false justification, F.
263, p. 483.

to obtain order to show cause why
accused should not be punished
for contempt, F. 1242, p. 1529.
of service of order to show cause
in contempt, F. 1245, p. 1533.
to obtain attachment for contempt
to issue in the first instance
(general Form), F. 1254, p. 1539.

AFFIDAVITS—Continued.

to attach witness (common Form),
F. 1259, p. 1543.

to attach witness not obeying sub-
pœna to attend before sheriff's
jury, F. 1261, p. 1544.

to obtain summary commitment for
non-payment of money directed
by order, F. 1276, p. 1555.
by counsel for trustees to his ser-
vices, and their value, F. 210, p.
336.

to procure order to take deposition
for use upon a motion, F. 53-56,
p. 172-176.

to move for commission to take de-
position of specified witnesses
without the State, F. 1430, 1431,
p. 1659, 1660.

of agent bringing deposition, F.
1480, p. 1683.

to move for open commission or an
order to take depositions of wit-
nesses, F. 1496, p. 1688.

to obtain order to take deposition
conditionally (de bene esse), F.
1506, p. 1696.

to disbursements in proceedings on
original petition, F. 209, p. 335.
to disbursements upon taxation of
costs, F. 1689, p. 1846.

to oppose petition for discovery, F.
1389, p. 1627.

to move for dismissal without trial,
F. 1289, p. 1562.

to obtain order for sequestration and

receiver of husband's property in
divorce proceedings, F. 1003, p.
1338.

to obtain order to show cause why
husband should not be attached
for contempt on not paying ali-
mony, etc., F. 1005, p. 1339.
denying cohabitation in action to
annul marriage, F. 1898. p. 1957.
of continued lunacy in action to an-
nul marriage, F. 1899, p. 1958.
denying collusion, etc., in case of
adultery, F. 1900, p. 1958.
to move that attorney bringing
ejectment produce authority, F.
1213, p. 1509.

in support of motion to compel
election between causes of action,
F. 1096, p. 1421.

to obtain examination of adversary
in expected action, F. 295, p. 536.

to obtain examination of plaintiff,
to enable defendant to plead and
to prove his case (defense of
fraud to action on a sale), F.
1015, p. 1360.

to obtain examination of adverse
party before trial, F. 1398-1407, p.
1634, etc.

to obtain examination of party at
his own instance, F. 1408, p. 1642.
to move for leave to file and serve
exceptions and make case nunc
pro tunc, F. 1752, p. 1883.
to obtain leave to issue execution
for possession of realty after
death of party against whom
judgment was had, F. 2164, p.

2124.

to move for leave to issue execution
after lapse of five years, F. 2167
p. 2126.

to move for execution against prop-
erty of a judgment-debtor having
died after judgment, F. 2171, p.
2130.

to obtain execution on judgment
against executor or administrator
as such, F. 2177, p. 2138.
to obtain special execution on judg-
ment for necessaries, F. 2197, p.
2162.

of sheriff to obtain order extend-
ing time to return conflicting ex-
ecutions, etc., F. 2217, p. 2172.
to obtain discharge from execution
against the person, F. 2226, p.
2183.

to claim presented to executors or
administrators, F. 277, p. 516.
for an ex-parte pplication, F. 52,
p. 171; F. 817 p. 1172.

of merits to move for extension of
time to plead, F. 1031, p. 1372.
compelling to file. p. 57.
for motion to take off the files for
scandal and impertinence, F. 46,
p. 62. (And see p. 296.)
to move to vacate order for neglect
to file papers, F. 176, p. 300.
to move to compel filing of plead-
ings, F. 1039. p. 1377.

to move after foreclosure for leave
to sue for deficiency a party to
the forclosure, F. 312, p. 555.

AFFIDAVITS—Continued.

by mortgagee of non-payment of
money to redeem, F. 2021, p. 2033.
of amount due remaining unpaid,
on judgment to redeem, F. 2221,
p. 2178.

to sum remaining unpaid on mort-
gage to redeem, F. 2222, p. 2179.
of proposed guardian ad litem to
his competency, F. 342, p. 592; F.
484, p. 838.

of service of order appointing guar-
dian ad litem nisi, and of default,
F. 491, p. 845.

to obtain confirmation of service on
infant defendant, and appoint-
ment of guardian ad litem, nunc
pro tunc, F. 494, p. 847.

to obtain habeas corpus ad testifi-
candum, F. 1515, p. 1705.
order impounding for prosecution in
perjury, F. 122, p. 271.

to move to set aside judgment
against infant without appoint-
ment of guardian ad litem, F.
2042, p. 2045.

complaint used as, to obtain injunc-
tion, p. 902.

to move for injunction-contents,

905.

to truth of allegations in complaint
to move for injunction, F. 527, p.
911.

in corroboration of affidavit for in-
junction by attorney, F. 528, p.
912.

to truth of allegations in complaint
(another Form), F. 529, p. 913.
the same (another Form), F. 530,
p. 913.

to obtain injunction against deliv-'
ery of pledge wrongfully sold, F.
531, p. 914.

by co-plaintiffs in support of mo-
tion for injunction, F. 534, p. 916.
of service of injunction granted by
a judge, F. 661, p. 982.

the same granted by the court, F.
662, p. 982.

on application to vacate injunction.
For the practice see p. 984.
to apply ex-parte to judge to va-
cate ex-parte injunction, F. 663,
p. 988.

to obtain order that the plaintiffs
in two causes in the same court
interplead, F. 1156, p. 1472.

AFFIDAVITS Continued.
to obtain order interpleading third
person and discharging defendant
on payment into court, etc., F.
1144, p. 1463.

to move for leave to sue on a judg-
ment in the court in which it was
recovered, F. 319, p. 561.

of regularity to enter judgment on
default with the clerk, F. 1562, p.
1750.

to apply for judgment as on de-
fault, for failure of corporation
defendant to serve order for trial
of action for damages on evidence
of debt, F. 1563, p. 1751.
of regularity to enter judgment on
application to the court (general
Form), F. 1568, p. 1755.

of regularity to obtain personal
judgment on default after service
by publication and attachment,
F. 1579, p. 1762.

of regularity in foreclosure, on mov-
ing for judgment on default, or
for preliminary reference to com-
pute, F. 1584, p. 1766.

to move for judgment for want of
reply, F. 1592, p. 1773.

to move on behalf of third person,
claiming as a creditor of the
parties, to resettle judgment by
striking out extravagant allow-
ances, F. 2034, p. 2038.

to move to vacate judgment entered
on false affidavit of service of
summons, F. 2038, p. 2042.
to move for leave to defend after
judgment on service by publica-
tion (in divorce), F. 2041, p. 2044.
to enter judgment on order of Ap-
pellate Division on demurrer, F.
2145, p. 2108.

of publication of order for judicial
sale, F. 2234, p. 2190.

on motion to stay sale, F. 2230, p.
2188.

to move to open judicial sale, F.
2251,
p. 2200.

on the part of purchaser to move
to be discharged, F. 2257, p. 2203.
to move to compel purchaser to
complete his purchase, F. 2262, p.
2207.

to move to vacate leave to sue as a
poor person, F. 500, p. 853.
to obtain warrant to seize chattel
under foreclosure of lien, F. 812,
p. 1167.

F.

to move for new trial in ejectment,
F. 1943, p. 1986.

to authenticate attorney's offer of
judgment or acceptance, F. 1304,
p. 1573.

to enter judgment on accepted of-
fer, F. 1306, p. 1574.

to move for payment of sum ad-
mitted by answer, F. 1308, p.

1575.

for plaintiff to obtain leave to add
formal parties (with leave to
amend), F. 1116, p. 1443.

for plaintiff to move to strike out a
defendant who has died, leaving
neither representatives nor assets
subject to the jurisdiction, F.
1112, p. 1441.

for plaintiff to move to bring in one
who, pending the action, has
made himself liable to suit and
injunction, F. 1120, p. 1446.
for plaintiff to move for leave to
bring in a new-born infant, F.
1118, p. 1445.

or former attorney in corroboration
of moving affidavit to bring in
third party, F. 1169, p. 1479.
by judgment-creditor to move to
come in before judgment as eo-
plaintiff in creditor's action, F.
1199, p. 1497.

of landlord to move to be made co-
defendant in ejectment, F. 1208,
p. 1503.

AFFIDAVITS—Continued.

by owner of chattels to intervene in
action for their possession, F.
1209, p. 1504.

to move for preliminary reference
in partition, F. 1964, p. 2004.
of desire to enjoy shares in common
in partition, F. 1965, p. 2005.
to obtain perpetuation of testimony
of a witness in an expected ac-
tion, F. 295, p. 536.

to move to change place of trial.
See list, p. 1723, etc.

to oppose change of place of trial,
F. 1547, p. 1734.

pleading; moving to compel a reply,
F. 1099, p. 1423.

to obtain preference on the calen-
dar, on facts not appearing in
the papers, F. 1319, p. 1583.
by attorney of facts as to previous
application, F. 185, p. 322.

to prevent arrest of witness, or ob-
tain discharge when arrested, in
a civil action or proceeding, in
violation of privilege, F. 1517, p.
1707.

to procure order to produce docu-
ments at the trial, F. 1513, p.
1703.

to obtain, at Appellate Division, al-
native writ of prohibition to Spe-
cial Term, F. 478, p. 828.

of publication, p. 361; F. 215, p.
365.

on application for receivers, p.
1008.

to obtain order to show cause why
receiver should not be appointed
(general Form), F. 675, p. 1027.
to obtain receiver in foreclosure, F.
698, 699, p. 1049, 1051.

to obtain receiver of partnership
assets, F. 703, p. 1060.

to obtain appointment of receiver
in a judgment-creditor's action to
sequestrate corporate property, F.
716, p. 1076.

on behalf of receiver to obtain de-
livery of books and papers, F.
741, p. 1102.

for motion to compel tenants to pay

to receiver, F. 743, p. 1103.
to obtain order staying other ac-
tions affecting assets under re-
ceivership. F. 744, p. 1104.

of receiver to his account, F. 771,
p. 1129.

AFFIDAVITS - Continued.
to obtain order to show cause why
removed receiver should not be
punished for contempt for failing
to pay over, F. 787, p. 1141.
to move for reference of an action
involving a long account, F. 1816,
P. 1914.

to oppose motion for reference, F.
1819-1822, p. 1917.

to move to vacate proceedings taken
after notice terminating reference,
F. 1844, p. 1926.

of regularity to apply for judgment
of divorce or reference, F. 1897,
p. 1956.

to move for reference of claim to
surplus in foreclosure, F. 1957, p.
1999.

to move for judgment, or for pre-
liminary reference in partition,
where no material issue was
raised, F. 1964, p. 2004.

to obtain stay in local court to en-
able applicant to move Supreme
Court for removal of cause, F.
1551, p. 1739.

to oppose motion to remove cause
and change place of trial, F. 1556,
p. 1743.

of prejudice or local influence to re-
move cause, F. 459, p. 805.

of sufficiency of sureties in bond on
removal of cause (short Form), F.
461, p. 806.

in replevin (claim and delivery), F.
793, p. 1152.

by agent or attorney, F. 794, p.

1155.

in replevin where exempt property
has been seized on execution, F.
795, p. 1156.

on part of defendant to reclaim
chattels replevined, F. 805, p.
1162.

of third claimant in replevin, F.
807, p. 1164.

to obtain restitution after reversal
at Appellate Division, F. 2147, p.
2109.

to obtain security for costs from
non-resident plaintiff or relator,
F. 502, p. 860.

to obtain security for costs in case
of relator having removed pend-
ing suit, F. 503, p. 862.

the same; in case of plaintiff im-
prisoned for crime, F. 505, p. 863.