The Principles and Forms of Practice in Civil Actions in Courts of Record Under the Codes of Procedure

[Volume I ends with page 1169.]

CERTIFICATES- Continued.
by sheriff to copy of attachment and
notice to third person of levy of
property in his hands (general
Form), F. 850, p. 1214.

of sheriff that defendant is in cus-
tody, F. 979, p. 1321.
by sheriff of surrender by bail, F.
982, p. 1323.

CERTIFIED COPIES, p. 46.

of records, etc. See list, p. 1714.
CERTIFYING QUESTIONS for re-

view on appeal. See list, p. 2063.
CERTIORARI, when heard as enumer-
ated motion, p. 72.

to remove papers from State to
United States court, F. 470, p. 812.
to remove cause to United States
court, F. 476, p. 820.
CHAMBERS in New York city, p. 90.
adjournment from Special Term to,
F. 73, p. 184.

CHAMPERTOUS AGREEMENT, p.
498.

CHANGES in parties, proceedings as

to, p. 1432.
CHATTELS, order appointing receiver
of, p. 1037.

summary remedy for deposit or de-
livery of money or other personal
property, Forms. See list, p. 1142.
foreclosure of lien on. See contents,
p. 1167.

CHILDREN, custody of, in divorce, p.
1329, 1976.

CHOSES IN ACTION, levy of attach-
ment, p. 1215, n.
CIRCUIT COURT OF U. S., admission
of service without the proper dis-
trict, p. 650, n.
removal from a State court to, p.

753.

CITIZENSHIP distinguished from res-
idence, p. 778.

CITY. See MUNICIPAL CORPORATION.
CLAIM AND DELIVERY. See con-
tents, p. 1146.

CLERICAL ERROR, objection based
on is frivolous, p. 1429, n.
CLERK may administer oath, p. 201.
of court, no power to amend, p. 53.
when may certify, and when should
make affidavit, p. 41.
cannot amend, p. 53.

neglect to make entry, p. 240.
of court, service on, p. 394.
approval of bond or undertaking by,
p. 462.

CLERK - Continued.

order for delivery of conveyance,
etc., deposited in court, F. 2265,
p. 2209.
CLIENT, power to proceed by new at-
torney, p. 386,

effect of death of, on authority of
attorney, p. 393.

agreement with attorney as to com-
pensation, p. 498.
stipulation by, p. 437.

CLOUD ON TITLE, service of sum-
mons by puncation, p. 664, n.
action for, lis pendens in, F. 522, p.

894.
COLLATERAL MATTERS, moved by
petition, p. 308.

COLORE OFFICII, undertaking void,
p. 451.

COMMISSION to take deposition with-
out the State. See list, p. 1658.
to take deposition on interrogatories
or oral examination, F. 1469, p.
1677.

COMMISSION, FOREIGN, compelling
attendance under, p. 1709.
COMMITMENT for criminal contempt
in the immediate view and pres-
ence, F. 1241, p. 1528.

for contempt on failure to pay
money, F. 1278, p. 1556.
COMMITTEE, leave for actions by
or against, p. 565.

petition of committee of lunatic,
etc., for leave to sue, F. 337, p
583.

proceedings for service by publica-
tion, etc., F. 412, p. 690.
COMMON-LAW BOND, obligation of,
p. 28, n.; p. 449.
COMMON-LAW receivers distinguished
COMPENSATION of attorney, p. 498.
from statutory, p. 1002.
of referee, p. 1925.
COMPLAINT, order allowing amend-

ment of, by adding allegation of
ground of arrest, F. 954, p. 1302
affidavit to move to amend on a
change of parties, F. 1113, p. 1441.
need not ask for arrest as a part of
the relief, 1296, n.

on applying for attachment, p. 1181-
1183.

demand of copy of, F. 437, 439, p.
736, 738.

in action by people to dissolve insol-
vent corporation, F. 722, p. 1079.
in judgment-creditor's action to se-
questrate corporate property, F.
717, p. 1076.

[Volume I ends with page 1169.]

COMPLAINT - Continued.

as affidavit to obtain injunction, p.
902.

in action in which the right to tem-
porary injunction depends on the
nature of the action, p. 902; F.
526, p. 910.

to move for injunction, affidavit to
truth of allegations in, F. 527-531,
p. 911, etc.

on application for receiver, p. 1008.
order extending time to serve, F.
1030, p. 1371.

neglect to serve as ground for mo-

tion to dismiss, F. 1291, p. 1563.
order striking out for not obeying
order for account or particulars,
F. 1084, p. 1409.

supplemental, F. 1056, p. 1391.
COMPROMISE by receiver, p. 1020.
allowing receiver to, F. 693, p. 1041.
CONCEALMENT, affidavit proving, p.
658.

proving by affidavit of fruitless in-
quiries, p. 667.

process served, p. 744, n.

of property, affidavit for attach-

ment against, F. 828, p. 1187.
CONCLUSIONS of law, F. 1748, p.
1877.

CONDITION of bond, p. 29.
CONDITIONS, in orders, p. 230.

order waived by non-performance of
condition, F. 131, p. 276.

in injunction order as to further se-
curity, and speeding appeal, F.
549, p. 930.

CONFESSION OF JUDGMENT.

See

contents and list of Forms, p. 598.
Form for New York, F. 348, p. 601.
verification of, F. 349. p. 607.
by consent on admitting service of
summons, F. 384, p. 651, n.
injunction against entering, F. 612,
p. 953.
CONFLICTING CLAIMS to real prop-
erty, judgment on, F. 1858, p.
1932.

CONSENT of attorneys as to allow-
ances, F. 211, p. 337.

attorney's power to give, facilitating
review, p. 385.

to designation of persor on whom
summons or writ for absentee
may be served, F. 276, p. 515.
to discontinuance (short Form),
1280, p. 1558.

of proposed guardian ad litem fər
infant defendant, F. 341, p. 591;
F. 483, p. 838.

CONSENT Continued.

of indemnitors to be substituted, F.
1192, p. 1480.

to immediate judgment on service of
summons, F. 384, p. 651.

to judgment, recital of in judgment,
F. 1775, p. 1890.

in lieu of notice of motion, p. 119.
as to place of hearing motion, p.
134.

to hearing of motion by judge hav-
ing no jurisdiction, p. 212.
for party non sui juris, p. 212.
orders by, p. 211; F. 97, p. 257.
varying order granted by, p. 245.
to form of order, and waiver of no-
tice of settlement, F. 98, p. 257.
to amendment of order, F. 165, p.
294.

to submit to receivership, p. 1000.
fees of referee, p. 1925.

to substitution of another attorney,
F. 1215, p. 1510.

of sureties annexed to affidavit to
obtain order to mark judgment,
"lien suspended on appeal,” F.
2105, p. 2084.

of widow to accept gross sum, F.
1939, p. 1983.

of widow or other tenant, for life,
or for years to sale, F. 2014, p.
2028.

of widow, or other tenant for life

or years, to accept gross sum in
case of sale, F. 2015, p. 2029.
CONSOLIDATION of actions, Forms,
see list, p. 1519.

recital of, in judgment, F. 1708, p.
1857.

CONSPIRACY, abatement of action
for. p. 1433, n.

examination of party in creditor's
action for, F. 1404, p. 1639.
examination of party in action for
fraudulent conspiracy by trustees
by the plaintiff corporation in in-
ducing transfer of assets without
consideration, F. 1405. p. 1640.
CONSTRUCTIVE SERVICE of sum-
mons. p. 653–703.

CONTEMPT, Forms, see list, p. 1524.
certiorari in, when heard as enumer-
ated motion, p. 72.

proceedings, for, not committed in
the immediate view and presence
of the court, must begin by order
to show cause, p. 126.

as a bar to a motion. p. 142.

a remedy for refusal to deliver at-
tached property, p. 1223, n.

[Volume I ends with page 1169.]

CONTEMPT — Continued.
service such as to make disobedi-
ence a, p. 381.

striking out pleading for, p. 1415.
proceeding in United States court
to punish proceeding in State
court, p. 813, n.

affidavit to move to punish for put-
ting in false justification, F. 263,
p. 483.

affidavit of service of injunction, F.

ool, 662, p. 982.

affidavit to obtain order to show
cause why removed receiver should
not be punished for failing to pay
over, F. 787, p. 1141.

report of referee as to facts, F.
1356, p. 1599.

CONTINGENT FEE, agreement for,
p. 498; F. 265, p. 501.
CONTINUANCE of action after death
or transfer, p. 1432.

order of, F. 1127, etc., p. 1451.
affidavit to obtain, F. 1141, p. 1461.
CONTRACT, injunction against offi-

cers of a corporation executing a
contract, F. 629, p. 959.

what deemed action on, p. 1269.
order for bill of particulars in action
on, p. 1400.

orer to make allegation of more defi-
nite, p. 1412.

contractor using lands except for
his work, injunction against, F.
558. p. 933.

CONVEYANCE to receiver, p. 1015.
of property, etc.; order to sheriff
for, F. 2266, p. 2210.

CONVICT, security for costs, p. 863.
in prison, affidavit of service on, F.
376. p. 646.

proceedings for service by publica-
tion. F. 402, p. 683.
CONVERSION, injunction against re-

moving chattels, F. 589, p. 943.
injunction against sale or disposi-

tion, but not against use of
plates, etc., for publication, F. 593,
p. 944.

of public moneys, attachment on
the ground of wrongful, F. 838, p.
1206.

arrest for, F. 933, p. 1281.

order for bill of particulars in ac-
tion for, F. 1068, p. 1401.
COPIES, in general. See contents, p.
43.

or certified copy, when to be served,
p. 379.

COPIES Continued.

or original, when to be served, p.
225; 1571, n.

of account, or bill of particulars,
Forms, see list, p. 1394.

of official documents and records.
how certified. See list, p. 1714.
COPYRIGHT, injunction, F. 591, etc.,
p. 943.
CORESPONDENT, appearance by, F.
1903, p. 1961.
CORPORATE BONDS, injunction
against issuing, F. 627, p. 958.
injunction against violation of
agreement respecting corporate
business. F. 630. p. 959.
CORPORATE BOOKS, subpoena to

produce, F. 1512, p. 1702.

order to produce, F. 1514. p. 1704.
CORPORATION, abatement of action
on individual liability, p. 1432.
acknowledgment by, F. 2, p. 4.
foreign affidavit for attachment
against, F. 828. p. 1187.

petition by attorney-general for
leave to sue to annul a charter, F.
333, p. 578.

request to attorney-general to sue.
F. 334, p. 579.

judgment that director's acts be an-
nulled, and money diverted re-
funded, F. 1859, p. 1932.

publication of order to show cause
against voluntary dissolution, p.
351, n.

dissolution and receiver.

See con-

tents, p. 1027.
complaint in action by people to
dissolve, F. 722, p. 1079.

order to show cause why creditor
should not be allowed to come in
after expiration of time limited in
action for dissolution of, F. 1207.
p. 1502.
examination of officer before trial,
to ascertain defendants, F. 428, p.
707.

examination before trial to enable
applicant to plead in action to set
aside election, F. 427, p. 704.
examination in action to prevent
perversion of funds, F. 428, p. 707.
examination of officers in action to
impeach acts of directors, F. 1013,
p. 1353.

order that officer appear and be ex-
amined at instance of attaching
creditor, F. 859, 860, p. 1299.

[Volume I ends with page 1169.]

CORPORATION - Continued.
examination before trial in action
for conspiracy of trustees, F. 1407,
p. 1640.

order that officer of corporation
party, submit to examination be-
fore trial, F. 1409, p. 1642.
order that creditors exhibit claims,
F. 747, p. 1110.

order that creditors exhibit and
prove claims on insolvency, dis-
solution, etc., p. 351, n.

action to set aside expulsion, F.
429, p. 708.

mortgage, foreclosure by the trus
tees of a, for benefit of bondhold-
ers, order appointing receiver of
rents and profits, F. 701, p. 1056.
injunction against municipal - for-
bidding them to authorize the con-
struction of a city railroad, F.
542, p. 923.

- against reorganization, F. 618, p.
955.

- against preventing use of records,
F. 619, p. 955.

- against creating or filling vacan
cies, F. 620, p. 955.

- against holding corporate elec-
tion, F. 621, p. 956.

- against voting on stock, F. 622, p.
956.

- against inspectors receiving votes,
F. 624, p. 957.

- against issue or transfer of stock,
etc., to an officer, F. 625, p. 957.
- against giving proxy, F. 623, p.
956.

- against paying interest on bonds,
F. 628, p. 958.

executing contract, injunction against
violation
injunction against

agreement, respecting corporate
business, F. 630, p. 959.

another Form, F. 631, p. 59.

officers of, F. 629, p. 959.
security on obtaining injunction in
action to sequester, p. 975.
naming in action, p. 627.
misnomer, etc., p. 717.

order for trial, to prevent summary
judgment against, in action for
damages for non-payment of note
or other evidence of debt, F. 1037,
p. 1376.

order to proceed against receiver of,
F. 1136, p. 1458.

CORPORATION—Continued.
application for judgment against, for
failure to serve order for trial of
action for damages on evidence of
debt, F. 1563, p. 1751.

motion for receiver, p. 1009.
receiver, powers of, p. 1015.
receiver in corporation cases. See
contents, p. 1027.

several stockholders as receivers, F.
684, 1033.

notice by receiver to creditors and
debtors of, announcing appoint-
ment, and requiring presentation
of claims, etc., F. 746, p. 1109.
affidavit to continue action against
receiver in place of, F. 1135, p.
1457.

judgment sequestrating effects of, at
suit of a judgment-creditor, and
appointing a receiver for distribu-
tion, F. 1860, p. 1933.

residence or citizenship of, p. 779.
summons not served on by substitu-
tion, p. 654.

service of summons on, p. 743, n.
verification by officer, p. 490, n.
how to verify, p. 492.

domestic verification of pleading by
officer of, F. 1019, p. 1365.
foreign, verification of pleading by,
F. 1022, p. 1366.

COSTS, attorney cannot stipulate to
give costs not allowed by law,
p. 436.

may stipulate as to referee's fees,
p. 436, 1925.

affidavit by counsel for trustees to
his services, and their value, F.
210, p. 336.

order that attorney for non-resident
pay, F. 2269, p. 2213.

do not belong to attorney, p. 500.
affidavit by wife, plaintiff, for, in
divorce, F. 994, p. 1331.

same: pending appeal, F. 995, p.
1334.

same; by wife, defendant, F. 996,
p. 1335.

in divorce, order to show cause for,
F. 997, p. 1336.

notice of motion by wife for, in di-
vorce, F. 997, p. 1336.

order to pay, in divorce, F. 999,
p. 1336.

execution for, F. 181, p. 304.
where infant plaintiff is unsuccess-
ful, p. 589.

COSTS Continued.

[Volume I ends with page 1169.]

statement of costs and disburse-
ments on confessing judgment,
F. 350, p. 607.

on judgment by default, F. 1561,
p. 1750.

upon final judgment and proceed-
ings to secure. See list, p. 1834.

COURT, where or before whom to
move, p. 88, 98.

constitutional power to disregard
statute, p. 103.

constitutional power irrespective of
county, p. 421, n.

duty of, in approving security, p.
463.

judgment for, against a third per-COURT ORDER, how distinguished

son, F. 2268, p. 2212.

order that attorney

or assignee

pay, F. 2269, p. 2213.
of motion, p. 125, 155, 233.
of motion, taxation or liquidation,
and demand, p. 251.

on motion for new trial, p. 1816, n.
directions as to, in order, F. 101,
p. 261.

on original petition, F. 209, p. 335.
provision against, by security, p.
855.

stay by non-payment of motion, p.
422.

notice of motion for stay for non-

payment of, F. 233, p. 427.
COUNSEL FEE, in matrimonial ac-
tions. See ALIMONY.

see also COSTS and COUNSEL.
COUNTERCLAIM, admission by

plaintiff of, F. 1105, p. 1427.
judgment, upon admission, F. 1106,
p. 1428.

order striking out, for not obeying
order for account or particulars,
F. 1084, p. 1409.
COUNTERMAND notice of motion, p.
133.

same (general Form), F. 63, p. 181.
of judicial sale, notice of, for ser-
vice. F. 2233. p. 2189.
COUNTER-AFFIDAVITS on motions
in general, p. 140.
COUNTER-MOTION, p. 133; F. 62,
p. 180.

COUNTY in which to move, p. 88, 101.
COUNTY JUDGE, power in actions in
other courts, p. 98-102.

COUNSEL, service of papers on, p.
392.

implied authority to sign petition
for removal of cause, p. 768.
fees, etc., petition of receiver for
authority to påy, F. 754, p. 1115.
order sanctioning receiver's
ployment of, F. 755, p. 1116.
fees in divorce, reference for, F. 998,
p. 1336.

Books

The Principles and Forms of Practice in Civil Actions in Courts of ..., Volume 2