[Volume I ends with page 1169.]
APPELLATE DIVISION, held by dif- | ASSIGNMENT - Continued.
ferent judges, p. 98. APPOINTMENT of trustees of the property of a convict; proceed- ings must begin by order to show cause, p. 126.
of keeper of property attached, F. 843, p. 1209.
of first meeting on reference, F. 1804, p. 1905. APPRAISAL of vessel, or interest therein attached, F. 879, p. 1233. APPROVAL of bonds, p. 32.
of sureties in undertaking or bond, P. 462.
of bond or undertaking, F. 255, p. 480; F. 824, p. 1176.
by sheriff in replevin, F. 798, p. 1158. of the surrogate to be indorsed upon agreement to refer claims against an executor, F. 358, p. 619. by referee of assignment to re- ceiver, F. 738, p. 1100.
of undertaking in replevin by sher- iff, F. 798, p. 1158. ARBITRATION under the statute, p.
limit of time for decision, p. 155. order vacating order of, on condi- tion, F. 114, p. 268.
ex parte vacatur of, F. 171, p. 298. verification of petition by an in- solvent's discharge or exemption, p. 489, n.
before service of summons, p. 636. injunction against, F. 635, p. 962. contrasted with attachment, p. 1179. or obtain discharge, when arrested, in a civil action or proceeding, in violation of privilege, affidavit of witness to prevent, F. 1517, p. 1707.
after verdict, F. 1640, p. 1803. ASSAULT, as ground for arrest, F. 928, p. 1276. ASSESSMENT
against, F. 563, p. 935. affidavit to replevy goods under, F. 793, p. 1154. ASSIGNMENT of cause of action. See contents, p. 504; F. 268, 269, p. 508, 510.
another form, assignment of share or interest, to secure aid in prose- cuting claims, F. 269, p. 510. of claim, F. 267, p. 508.
motion to compel assignor to pay costs awarded against assignee, p.
for benefit of creditors, verification of schedule, p. 489, n.
assignee for benefit of creditors, se- curity for costs, F. 506, p. 863. precluding removal by, p. 766. general, to receiver of partnership assets, F. 737, p. 1098.
injunction against, F. 585, p. 941. for benefit of creditors, injunction against, F. 587, p. 942.
assignor, injunction against resum ing practice after having sold, F. 597, p. 946.
injunction against carrying out void, F. 609, p. 952.
injunction against assignee for bene- fit of creditors making payments, F. 616, p. 954.
of property to receiver, p. 1015. to receiver, superintended, F. 707, p. 1065.
assignee, for benefit of creditors ap- pointing him also receiver, F. 709, p. 1067.
to receiver, p. 1094.
for benefit of creditors, proof of fraud in, by affidavit, F. 833, p. 1198.
assignee's motion to vacate attach- ment, F. 911, p. 1253.
for benefit of creditors, what fraud. ulent, p. 1290, n.
for benefit of creditors, proceedings to bring in assignee as defendant, p. 1434.
for benefit of creditors, interpleader of assignee, F. 1147, p. 1466. assignee, affidavit for motion on be- half of, to be substituted in place of original plaintiff or defendant, F. 1160, etc., p. 1475, etc.
of judgment, F. 2061-2063, p. 2055. ASSISTANCE, writ of, stay of ex-
ecuting, F. 174, p. 299.
injunction against sheriff executing writ of, F. 647, p. 968. order in nature of writ of, F. 2264, p. 2209. ASSOCIATION, naming in action, p. 628.
injunction against, F. 632, p. 959. order that officer appear and be ex- amined at instance of attaching creditor, F. 859, p. 1222. or partnership, under the statute, judgment against, F. 1871, p. 1943.
[Volume I ends with page 1169.] See lists, p. 1178, 1201, 1241. order amending warrant of, F. 31, p. 22.
limit of time for decision, p. 155. affidavit to examine third person, F. 54, p. 174.
trial of objection to third person's motion to vacate, F. 103, p. 263. application for leave to renew mo- tion to vacate, F. 158, p. 291. excepting to sureties on discharge, p. 468, n.
leave to sue in aid of, p. 542. affidavit to move for leave to sue with sheriff in aid of, F. 301, p.
order giving plaintiff leave to sue in name of sheriff and himself, F. 302, p. 545.
undertaking given sheriff before su- ing on things in action taken by him, F. 303, p. 546.
petition for leave to sue sheriff's bond for wrongful levy, F. 306, p.
before service of summons, p. 636. judgment may direct sale of things attached, though founded on pub- lication, p. 663, n.
as a method to securing possession of property, p. 876. injunction in aid of, F. 543, p. 924. alidavit to replevy goods under, F. 793. p. 1152.
for contempt in not paying alimony, F. 1007, p. 1341.
when falls by defendant's death, p. 1433, n.
issued, and death of defendant be-
fore publication of summons com- pleted, affidavit of, F. 1131, p.
order allowing plaintiff to join in sheriff's action on assets, F. 1202, p. 1499. proceeding by, to punish contempt, p. 1539.
to bring in the accused to answer to a charge of contempt, F. 1256, p. 1541.
for contempt in disregarding order
to submit to examination before trial, order for, F. 1258, p. 1542. of witness for contempt, affidavit for, F. 1259, p. 1543. against witness, F. 1260, p. 1543. of witness not obeying subpœna to attend before sheriff's jury, F. 1261, p. 1544.
ATTACHMENT —Continued. to bring witness before sheriff's jury, order for, F. 1202, p. 1545. for witness before sheriff's jury, F. 1263, p. 1546.
mode of obtaining judgment after service by publication, p. 1762 ATTORNEY, See contents, p. 1508. power to take affidavit, p. 12. cannot be surety, p. 26.
necessity of acting through, p. 196. agreement with client as to compen- sation. See contents, p. 498. authority of, p. 511.
right and liability to motion costs, p. 236.
power to proceed after judgment, p.
power to give consent facilitating review, p. 385.
judgment does not terminate the duty of loyalty of, p. 387. authority of, after judgment, p. 391. death, effect of, p. 392.
service at office, etc., p. 394. power to make stipulations, p. 431. assignment of share in cause of ae- tion by, F. 269, p. 510. written authority of, p. 511. of record in former cause, service of process on, p. 655.
or counsel, implied authority to sign petition for removal of cause, p. 768.
petition of receiver for authority to pay, F. 754, p. 1115,
order sanctioning receiver's employ- ment of, F. 755, p. 1116. verification of pleading by, F. 1023– 1026, p. 1367, ete.
order that he disclose his client's address, F. 1111, p. 1431. rights saved on change of parties, F. 1181, p. 1483.
for Forms, see list relating to at- torneys, p. 1508.
protected on substitution of another attorney, p. 1511–1513. judgment in action to enforce lien, F. 1856, p. 1931.
compelling to pay over to his client, p. 1551-1555.
fees protected on discontinuance, F. 1285, p. 1561.
reference of motion as to money in hands of, F. 1333, p. 1592. authority to consent to reference. p. 1921, n.
lien, judgment in action to enforce
lien of, after settlement in viola
[Volume I ends with page 1169.]
tion of lien, F. 1856, p. 1931. for non-resident, order that he pay costs of an action, F. 2269, p. 2213. ATTORNEY IN FACT, acknowledg- ment by, F. 5, p. 5. ATTORNEY-GENERAL, petition by, for leave to sue to annul a char- ter, F. 333, p. 578.
request to, to sue corporation, F. 334, p. 579.
notice to, in receiver cases, p. 1010. admission by, of service, F. 720, p. 1078.
ATTORNMENT to receiver, with in- junction, F. 700, p. 1052. AUTHENTICATION of records. See list, p. 1714.
by clerk, of jurat of affidavit, F. 20, 22, p. 16, 18. AUTHORITY of agent to receive ser- vice, p. 514.
of attorney to appear, p. 511. from bail to arrest principal, F. 983, p. 1324.
of foreign corporation to sue, p.
AWARD, interpleader in action for, F. 1149, p. 1467. BAIL, reducing, p. 1303.
order reducing amount of, F. 960, p. 1312.
undertaking of, F. 966, p. 1315. same; for jail liberties, F. 967, p. 1316.
notice of exception, F. 968, p. 1316. notice of justification of, F. 969, p. 1317.
examination of, F. 970, p. 1317. allowance of, F. 971, p. 1318. allowance of, added, F. 974, p. 1318. certificate of deposit in lieu of, F. 975, p. 1319.
notice to protect deposit in lieu of, F. 976, p. 1319.
certificate of delivery of, instead of deposit, F. 977, p. 1319. surrender by, F. 981, p. 1323. certificate by sheriff of surrender, F. 982, p. 1323.
authority from, to arrest principal, F. 983, p. 1324.
notice of motion to exonerate, F. 984, p. 1324.
order exonerating, who have surren- dered, F. 985, p. 1325.
affidavit of debtor to move for exon-
eration of, who have been sued, and have surrendered after their time to answer has expired, F. 986, p. 1325.
order giving leave to surrender after answer, F. 987, p. 1326.
affidavit to move for exoneration of, on death or imprisonment of prin- cipal, F. 990, p. 1328.
order exonerating, on death or im- prisonment of principal, F. 991, p. 1328.
on arrest in attachment for con- tempt, undertaking for, F. 1264, p. 1546.
BAILMENT. See SAFE DEPOSIT Box. replevying, F. 793, p. 1152. BANKER, arrest of, p. 1284, n. BANKING, injunction against bank
paying over deposit made by agent, F. 617, p. 954. BANKRUPT, to give security for costs, p. 864. proceedings
cancel judgment against, p. 2058, etc. BELLS, injunction against, F. 567, þ.
Forms. See list, p. 25. defects in bonds, p. 32. rules common to undertakings and bonds, p. 460.
order for particulars in action on, F. 1065, p. 1400.
injunction against issuing corporate, F. 627, p. 958.
of guardian of infant legatee, to re- pay in case legatee die without lawful issue, F. 293, p. 532.
of guardian ad litem for infant plaintiff in partition, F. 347, p. 596. of guardian ad litem for infant party on receiving fund, F. 493, p. 846.
[Volume I ends with page 1169.]
BONDS Continued. to indemnify the sheriff on his levy- ing an attachment on property in the possession of a third person, F. 864, p. 1225.
to indemnify the sheriff on his levy- ing execution, F. 2212, p. 2168. required by the court on granting injunction (common Form where there is no statute), F. 654, p. 976. conditioned otherwise than for pay- ment of money, or upon penalty for non-performance of agreement, judgment on, F. 1872, p. 1943. leave to sue on bond conditioned to pay when required by the court, p. 547.
on bond to people or a public offi- cer, p. 552.
official, etc., petition for leave to sue on, F. 306, p. 548.
given in reference to a legal proceed- ing, F. 35, p. 32.
of receiver, F. 730, p. 1090.
of receiver, canceling, F. 731, 732, pp. 1092, 1093.
by receiver for costs, F. 519, p. 873. on removal of cause, p. 769. on asking to remove cause from State to United States court, F. 460, p. 805.
required as condition of ordering re- sale, F. 2256, p. 2203. BOOKS OF ACCOUNT. See ACCOUNT BOOKS.
BOYCOTT, injunction against, F. 637. p. 964.
BREACH OF PROMISE TO MARRY,
arrest for. F. 934, p. 1281. abatement of action for, p. 1433, n. BRICKYARD, injunction against, F. 565, p. 935.
BRIDGE, injunction against, F. 633, p. 961.
BROKER, moneys in hands of, at-
tached, F. 852, 853, p. 1218. arrest of, 1284, n.
examination of party in action against stock-broker by customer, F. 1399, p. 1636. BUILDINGS, injunctions as to, F. 575, p. 938.
in violation of covenant, injunction against, F. 578, p. 939. BURDEN OF PROOF on motion, p.
CALENDAR, striking motion from, p. 136.
|CALENDAR - Continued. motions as to trial calendar.
list, p. 1781. motion to strike an enumerated mo- tion from the, p. 136.
motion to transfer cause from equity calendar to jury calendar, F. 1607, p. 1786.
order refusing to strike cause from, but directing that issues be set- tled for trial by jury, F. 1733, p. 1869.
retaining place on, when amend- ment is allowed, F. 1047, p. 1386. preferences on the, see list, p. 1582. CANCELLATION, as an amendment. F. 34, p. 23.
of deed of real estate, service of summons by publication, p. 664, n. order for, of lis pendens in, F. 522, p. 894.
of instrument, judgment for, F. 1779, p. 1892. CANCELLING notice of lis pendens, p. 890.
order therefor, F. 525, p. 896. judgment against bankrupt. F. 2065- 2068, p. 2058, etc.
receiver's bonds, F. 732, p. 1093. CAPTION of affidavit, F. 14, p. 13. requisites of, and forms. See con-
tents, p. 37.
of orders, p. 213.
of undertaking, p. 453. of verification, p. 491.
of papers for removal, p. 1743. of paper in a proceeding pending. not in an action, F. 41, p. 39. of a paper other than an order of court, in an action, F. 42, p. 40. of an order of court, in an action, F. 94, p. 255.
of order of Appellate Division, F. F. 94a, p. 256.
of order made at Special Term ad- journed to Chambers, F. 95, p. 256.
of judge's order, F. 96, p. 257. amending, F. 156, p. 289. of a preliminary peticion to the court, F. 183, p. 322.
of a preliminary petition to a judge, F. 184, p. 322.
of summons, F. 365, p. 631. CARRIER, service of process under limited liability act, p. 656, n. undertaking to hold goods in the hands of, F. 865, 866, p. 1226.
[Volume I ends with page 1169.]
CASE, usage of substituting a new folioing in, p. 63.
heard as enumerated motion, p. 71. and exceptions after trial by jury. See list, p. 1821. distinguished from exceptions, p. 1823, n.
right of successful party to have his
objections appear, p. 1828, n. as proposed (with or without excep- tions), after trial by court or ref- eree, F. 1755, p. 1885. CAUSES OF ACTION, compelling to
be separately stated, etc., p. 1410. what assignable, p. 504. what abate, p. 1433, n. CERTIFICATE, in general, with gen- eral form of official, p. 41.
of acknowledgment within the State by signer known to the officer (under N. Y. statutes), F. 1, p. 3; F. 822, p. 1176.
of proof by subscribing witness within the State (under N. Y. statutes), F. 6, p. 5.
of acknowledgment or proof with- out the State before commissioner for N. Y., F. 7, p. 6.
to act of officer in another State taking acknowledgment by virtue of the laws of his residence (un- der N. Y. statutes), F. 9, p. 7. the same: when taking affidavit, F. 20, p. 16.
used on a second application, p. 649, n.
by third party admitting possession of funds of the debtor under at- tachment, F. 854, p. 1219.
by third party of no property, etc., under attachment, F. 855, p. 1219. in attachment proceedings claiming lien, but denying the defendant's ownership, F. 856, p. 1219.
of referee to debtor's refusal to an- swer as to property under attach- ment, F. 861, p. 1223.
to authority of judge of court of record in Canada (under N. Y. statutes), F. 22, p. 18.
to authority of officer taking ac- knowledgment without the state, F. 9, p. 7.
the same; to officer taking affidavit, F. 20, p. 16.
authenticating official documents or records. See list, p. 1714. of deposit in lieu of bail, F. 975, p. 1319.
CERTIFICATES — Continued. that bail has been given instead of deposit, F. 977, p. 1319.
of approval of bond or undertaking, p. 464.
to search by clerk, F. 394, p. 677. of clerk that pleadings are not filed, F. 1040, p. 1377.
by clerk to the appearances and claims for surplus moneys, F. 1959, p. 2001.
of counsel to pauper's cause of ac- tion, F. 329, n. 576.
of deposit in lieu of undertaking on appeal, F. 2092, p. 2076.
of execution of commission to take deposition, F. 1475, 1476, p. 1681. Another form, where there is not room to indorse in full, F. 1478, p. 1683.
of mailing, deposition indorsed on the envelope, F. 1479, p. 1683. of examination before trial, F. 1420, p. 1649.
of examination de bene esse, F. 1508, p. 1699.
of authority of foreign corporation, p. 526.
by judge, of fact necessary to give costs, F. 1676-1681, p. 1836, etc. of non-filing, F. 44, p. 42. that money has been paid into court, F. 1314, p. 1579.
of publication, p. 362.
by referee to support motion for al- lowance, F. 1683, p. 1839.
to give costs upon reference of a claim against a decedent's estate, F. 361, p. 620.
to effect removal of a cause from a county court, for incapacity of judge, F. 1558, p. 1738.
of counsel to accompany petition for removal of suit or prosecution against officer, from State to United States court, F. 477, p. 821.
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