Page images

(Volume I ends with page 1169.)
APPELLATE DIVISION, held by dif- | ASSIGNMENT - Continued.
ferent judges, p. 98.

motion to compel assignor to pay
APPOINTMENT of trustees of the costs awarded against assignee, p.

property of a convict; proceed 2212.
ings must begin by order to show for benefit of creditors, verification
cause, p. 126.

of schedule, p. 489, n.
of keeper of property attached, F. assignee for benefit of creditors, se.
843, p. 1209.

curity for costs, F. 506, p. 863.
of first meeting on reference, F. precluding removal by, p. 766.
1804, p. 1905.

general, to receiver of partnership
APPRAISAL of vessel, or interest assets, F. 737, p. 1098.

therein attached, F. 879, p. 1233. injunction against, F. 585, p. 941.
APPROVAL of bonds, p. 32.

for benefit of creditors, injunction
of sureties in undertaking or bond, against, F. 587, p. 942.
P. 462.

assignor, injunction against resum-
of bond or undertaking, F. 255, p. ing practice after having sold, F.
480; F. 824, p. 1176.

597, p. 946.
by sheriff in replevin, F. 798, p. 1158. injunction against carrying out void,
of the surrogate to be indorsed upon F. 609, p. 952.

agreement to refer claims against injunction against assignee for bene-
an executor, F. 358, p. 619.

fit of creditors making payments,
by referee of assignment to re F. 616, p. 954.
ceiver, F. 738, p. 1100.

of property to receiver, p. 1015.
of undertaking in replevin by sher to receiver, superintended, F. 707,
iff, F. 798, p. 1158.

p. 1065.
ARBITRATION under the statute, p. assignee, for benefit of creditors ap-

pointing him also receiver, F. 709,
ARREST. See lists, p. 1268, 1303, p. 1067.

to receiver, p. 1094,
order of, in divorce or separation, for benefit of creditors, proof of
F. 1008, p. 1542.

fraud in, by affidavit, F. 833, p.
limit of time for decision, p. 155.

order vacating order of, on condi. assignee's motion to vacate attach:
tion, F. 114, p. 268.

ment, F. 911, p. 1253.
ex parte vacatur of, F. 171, p. 298. for benefit of creditors, what fraud.
verification of petition by an in ulent, p. 1290, n.

solvent's discharge or exemption, for benefit of creditors, proceedings
P. 489, n.

to bring in assignee as defendant,
before service of summons, p. 636. p. 1434.
injunction against, F. 635, p. 962. for benefit of creditors, interpleader
contrasted with attachment, p. 1179. of assignee, F. 1147, p. 1466.
or obtain discharge, when arrested, assignee, affidavit for motion on be-

in a civil action or proceeding, in half of, to be substituted in place
violation of privilege, affidavit of of original plaintiff or defendant,
witness to prevent, F. 1517, p. F. 1160, etc., p. 1475, etc.

of judgment, F. 2061-2063, p. 2055.
after verdict, F. 1640, p. 1803. ASSISTANCE, writ of, stay of ex-
ASSAULT, as ground for arrest, F. ecuting, F. 174, p. 299.
928, p. 1276.

injunction against sheriff executing
ASSESSMENT sale, injunction writ of, F. 647, p. 968.
against, F. 563, p. 935.

order in nature of writ of, F. 2264,
affidavit to replevy goods under, F. p. 2209.
793, p. 1154.

ASSOCIATION, naming in action, p.
ASSIGNMENT of cause of action. 628.

See contents, p. 504; F. 268, 269, injunction against, F. 632, p. 959.
p. 508, 510.

order that officer appear and be ex.
another form, assignment of share amined at instance of attaching

or interest, to secure aid in prose creditor, F. 859, p. 1222.
cuting claims, F. 269, p. 510. or partnership, under the statute,
of claim, F. 267, p. 508.

judgment against, F. 1871, p. 1943,



(Volume I ends with page 1169.]
ATTACHMENT. See lists, p. 1178, ATTACHMENT - Continued.
1:201, 1241.

to bring witness before sheriff's
order amending warrant of, F. 31, jury, order for, F. 1202, p. 154.
p. 22.

for witness before sheriff's jury, F.
limit of time for decision, p. 155.

1263, p. 1546.
atlidavit to examine third person, F. mode of obtaining judgment after
54, p. 174.

service by publication, p. 1762.
trial of objection to third person's ATTORNEY. See contents, p. 1305.

motion to vacate, F. 103, p. 263. power to take affidarit, p. 12.
application for leave to renew mo. cannot be surety, p. 26.

tion to vacate, F. 158, p. 291, necessity of acting through, p. 194
excepting to sureties on discharge, agreement with client as to compen-
p. 468, n.

sation. See contents, p. 498.
leave to sue in aid of, p. 512.

authority of, p. 511.
athidavit to move for leave to sue right and liability to motion costs,

with sheriff in aid of, F. 301, p. p. 236.

power to proceed after judgment, p.
order giving plaintiff leave to sue in
name of sheriff and himself, F. power to give consent facilitating
302, p. 545.

review, p. 385.
undertaking given sheriff before su judgment does not terminate the

ing on things in action taken by duty of loyalty of, p. 357.
him, F. 303, p. 546.

authority of, after judgment, p. 391.
petition for leave to sue sheriff's death, effect of, p. 392,

bond for wrongful levy, F. 306, p. service at office, etc., p. 394.

power to make stipulations, p. 431.
before service of summons, p. 636. assignment of share in cause of ae
judgment may direct sale of things tion by, F. 269, p. 510.

attached, though founded on pub written authority of, p. 511.
lication, p. 603, n.

of record in former cause, service
as a method to securing possession of process on, p. 655.
of property, p. 876.

or counsel, implied authority to sigi
injunction in aid of, F. 543, p. 924.

petition for removal of cause, p.
aihidavit to replevy goods under, F. 768.
793, p. 1152

petition of receiver for authority to
for contempt in not paying alimony, pay, F. 754, p. 1115.
F. 1007, p. 1341.

order sanctioning receiver's empor.
when falls by defendant's death, p. ment of, F. 73), p. 1116.
1433, n.

verification of pleading by, F. 103
issued, and death of defendant be 1026, p. 1367, ete.

fore publication of summons com order that he disclose his client's
pleted, affidavit of, F. 1131, p. address, F. 1111, p. 1431.

rights saved on change of parties,
order allowing plaintiff to join in F. 1181, p. 1483.

sheriff's action on assets, F. 1202, for Forms, see list relating to sto
p. 1499.

torneys, p. 1508.
proceeding by, to punish contempt, protected on substitution of amther
p. 1539.

attorney, p. 1511-1513.
to bring in the accused to answer to judgment in action to enforce lien.

a charge of contempt, F. 1256, p. F. 1856, p. 1931.

compelling to pay over to his client,
for contempt in disregarding order p. 1551-1555.

to submit to examination before fees protected on discontinuance, F.

trial, order for, F. 1258, p. 1542. 1285, p. 1561.
of witness for contempt, affidavit reference of motion as to money in
for, F. 1259, p. 1543.

hands of, F. 1333, p. 1592.
against witness, F. 1260, p. 1543. authority to consent to reference.
of witness not obeying subpæna to p. 1921, n.

attend before sheriff's jury, F. lien, judgment in action to enforce
1261, p. 1544.

lien of, after settlement in viola-

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

| BAIL - Continued.
tion of lien, F. 1856, p. 1931.

eration of, who have been sued,
for non-resident, order that he pay and have surrendered after their

costs of an action, F. 2269, p. time to answer has expired, F. 986,

p. 1325.
ATTORNEY IN FACT, acknowledg. order giving leave to surrender after
ment by, F. 5, p. 5.

answer, F. 987, p. 1326.
ATTORNEY-GENERAL, petition by, affidavit to move for exoneration of.

for leave to sue to annul a char on death or imprisonment of prin-
ter, F. 333, p. 578.

cipal, F. 990, p. 1328.
request to, to sue corporation, F. | order exocerating, on death or im-
334, p. 579,

prisonment of principal, F. 991,
notice to, in receiver cases, p. 1010. p. 1328.
admission by, of service, F. 720, p.

on arrest in attachment for con-

tempt, undertaking for, F. 1264,
ATTORNMENT to receiver, with in-

p. 1546.
junction, F. 700, p. 1052.

AUTHENTICATION of records. See

replevying, F. 793, p. 1152.
list, p. 1714.

| BANKER, arrest of, p. 1284, n.
by clerk, of jurat of affidavit, F. 20,

BANKING, injunction against bank
22, p. 16, 18.

paying over deposit made by
AUTHORITY of agent to receive ser.

agent, F. 617, p. 954.
vice, p. 514.

| BANKRUPT, to give security for
of attorney to appear, p. 511.

costs, p. 864.
from bail to arrest principal, F. 983, proceedings to cancel judgment
p. 1324.

against, p. 2058, etc.
of foreign corporation to sue, r: BELLS, injunction against, F. 567, 1:

AWARD, interpleader in action for, F. BILLS, notes and checks, injunction
1149, p. 1467.

against transferring, F. 585, p.
BAIL, reducing, p. 1303.

941; F. 540, p. 921.
order reducing amount of, F. 960, severance of action after death of
p. 1312.

one defendant, p. 1435.
undertaking of, F. 966, p. 1315. undertaking in action upon lost ne-
same; for jail liberties, F. 967, p. gotiable paper, F. 1630, p. 1798.

notice of exception, F. 968, p. 1316. | BILL OF PARTICULARS. See list,
notice of justification of, F. 969, p. 1394.
p. 1317.

BLANKS in bond, p. 32.
examination of, F. 970, p. 1317.

in copies of papers served, p. 44.
allowance of, F. 971, p. 1318.

BONDS, requisites and effect. Seos
allowance of, added, F. 974, p. 1318. contents, p. 25.
certificate of deposit in lieu of, F. Forms. See list, p. 25.
975, p. 1319.

defects in bonds, p. 32.
notice to protect deposit in lieu of, rules common to undertakings and
F. 976, p. 1319.

bonds, p. 460.
certificate of delivery of, instead of order for particulars in action on,
deposit, F. 977, p. 1319.

F. 1065, p. 1400.
surrender by, F. 981, p. 1323.

injunction against issuing corporate,
certificate by sheriff of surrender, F. 627, p. 958.
F. 982, p. 1323.

of guardian of infant legatee, to re-
authority from, to arrest principal, pay in case legatee die without
F. 983, p. 1324.

lawful issue, F. 293, p. 532.
notice of motion to exonerate, F. of guardian ad litem for infant
984, p. 1324.

plaintiff in partition, F. 347, p. 596.
order exonerating, who have surren of guardian ad litem for infant
dered, F. 985, p. 1325.

party on receiving fund, F. 493,
affidavit of debtor to move for exono i p. 846.

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

1 CALENDAR - Continued.
to indemnify the sheriff on his levy. motions as to trial calendar. See

ing an attachment on property in i list, p. 1781.
the possession of a third person, motion to strike an enunerated mo-
F. 864, p. 1225.

tion from the, p. 136.
to indemnify the sheriff on his levy. motion to transfer cause from equity

ing execution, F. 2212, p. 2168. calendar to jury calendar, F. 1607,
required by the court on granting p. 1786.

injunction (common Form where order refusing to strike cause from,
there is no statute), F. 654, p. 976. but directing that issues be set-
conditioned otherwise than for pay. tled for trial by jury, F. 1733, p.

ment of money, or upon penalty 1869.
for non-performance of agreement, retaining place on, when amend-
judgment on, F. 1872, p. 1943.

ment is allowed, F. 1047, p. 13
leave to sue on bond conditioned to preferences on the, see list, p. 1389.

pay when required by the court, CANCELLATION, as an amendment.
p. 547.

F. 34, p. 23.
on bond to people or a public offi- of deed of real estate, service of
cer, p. 552.

summons by publication. p. 664. II.
official, etc., petition for leave to suel order for, of lis pendens in, F. 599.
on, F. 306, p. 518.

p. 894.
given in reference to a legal proceed of instrument. judgment for, F.
ing, F. 35, p. 32.

1779, p. 1992.
of receiver, F. 730, p. 1090.

(ANCELLING notice of lis pendens,
of receiver, canceling, F. 731, 732, p. 890.
pp. 1092, 1093.

order therefor, F. 525, p. 896.
by receiver for costs, F. 519, p. 873. judgment against bankrupt, F. 206-
on removal of cause, p. 709.

2068, p. 2058, etc.
on asking to remove cause from State receiver's bonds, F. 732, p. 1093.
to United States court, F. 460, CAPTION of affidavit, F. 14, p. 13.

requisites of, and forms. See con-
required as condition of ordering re tents, p. 37.
sale, F. 22.56, p. 2203,

of orders, p. 213.
BOOKS OF ACCOUNT. See ACCOUNT of undertaking, p. 433.

of verification, p. 491.
BOYCOTT, injunction against, F. 637, of papers for removal, p. 1743.
p. 964.

of paper in a proceeding pending,

not in an action, F. 41, p. 39.
arrest for. F. 934, p. 1281.

of a paper other than an order of
abatement of action for, p. 1433, n. court, in an action, F. 42, p. 40.
BRICKYARD, injunction against, F. of an order of court, in an action,
565, p. 935.

F. 94, p. 255.
BRIDGE, injunction against, F. 633, of order of Appellate Division, F.
p. 961.

F. 94a, p. 256.
BROKER, moneys in hands of, at of order made at Special Term ad.
tached, F. 8.32, 853, p. 1218.

journed to Chambers, F. 93, p.
arrest of, 1284, n.

examination of party in action of judge's order, F. 96, p. 257.
against stock-broker by customer, amending, F. 156, p. 289.
F. 1399, p. 1636.

of a preliminary peticion to the
BUILDINGS, injunctions as to, F. 575, court, F. 183, p. 322.
p. 938.

of a preliminary petition to a judge.
in violation of covenant, injunction F. 184, p. 322.
against, F. 578, p. 939,

of summons, F. 365, p. 63).
BURDEN OF PROOF on motion, p. CARRIER, service of process under

limited liability act, p. 656, n.
CALENDAR, striking motion from, p. undertaking to hold goods in the

hands of, F. 865, 866, p. 1226.

[ocr errors]

(Volume I ends with page 1169.)
CASE, usage of substituting a new | CERTIFICATES - Continued.
folioing in, p. 63.

that bail has been given instead of
heard as enumerated motion, p. 71.

deposit, F. 977, p. 1319.
and exceptions after trial by jury. of approval of bond or undertaking,
See list, p. 1821.

p. 461.
distinguished from exceptions, p. to search by clerk, F. 394, p. 677.
1823, n.

of clerk that pleadings are not filed,
right of successful party to have his

F. 1010, p. 1377.
objections appear, p. 1828, n.

by clerk to the appearances and
as proposed (with or without excep-
tions), after trial by court or ref-

claims for surplus moneys, F.
eree, F. 1755, p. 1885.

1959, p. 2001.
CAUSES OF ACTION, compelling to

of counsel to pauper's cause of ac-
be separately stated, etc., p. 1410. tion, F. 329, n. 576.
what assignable, p. 504.

of deposit in lieu of undertaking on
what abate, p. 1433, n.

appeal, F. 2092, p. 2076.
CERTIFICATE, in general, with gen- | of execution of commission to take
eral form of official, p. 41.

deposition, F. 1475, 1476, p. 1681.
of acknowledgment within the State Another form, where there is not
by signer known to the officer

room to indorse in full, F. 1478,
(under N. Y. statutes), F. 1, p. 3; p. 1683.
F. 822, p. 1176.

of mailing, deposition indorsed on
of proof by subscribing witness

the envelope, F. 1479, p. 1683.
within the State (under N. Y.

of examination before trial, F. 1420,
statutes), F. 6, p. 5.

p. 1619.
of acknowledgment or proof with-

of examination de bene esse, F. 1508,
out the State before commissioner
for N. Y., F. 7, p. 6.

p. 1699.

of authority of foreign corporation,
to act of officer in another State
taking acknowledgment by virtue

p. 526.
of the laws of his residence (un-

by judge, of fact necessary to give
der N. Y. statutes), F. 9, p. 7.

costs, F. 1676-1681, p. 1836, etc.
the same; when taking affidavit, F.

of non-filing, F. 44, p. 42.
20, p. 16.

that money has been paid into
used on a second application, p.

court, F. 1314, p. 1579.
649, n.

of publication, p. 362.
by third party admitting possession by referee to support motion for al-

of funds of the debtor under at lowance, F. 1683, p. 1839.
tachment, F. 854, p. 1219.

to give costs upon reference of a
by third party of no property, etc., claim against a decedent's estate,

under attachment, F. 855, p. 1219. F. 361, p. 620.
in attachment proceedings claiming to effect removal of a cause from a

lien, but denying the defendant's county court, for incapacity of
ownership, F. 856, p. 1219.

judge, F. 1558, p. 1738.
of referee to debtor's refusal to an of counsel to accompany petition

swer as to property under attach: for removal of suit or prosecution
ment, F. 861, p. 1223.

against officer, from State to
to authority of judge of court of United States court, F. 477, p.

record in Canada (under N. Y. 821.
statutes), F. 22, p. 18.

of service, p. 640.
to authority of officer taking ac of a sheriff of another State, p.
knowledgment without the state, 649, n.
F. 9, p. 7.

by sheriff of personal service on de-
the same; to officer taking affidavit, fendant, F. 389, p. 649.
F. 20, p. 16.

by sheriff of effort to serve person-
authenticating official documents or ally, F. 392, p. 676.
records. See list, p. 1714.

of sheriff of effort to serve person-
of deposit in lieu of bail, F. 975, p. ally upon corporation, F. 397, p.


« PreviousContinue »