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

DECREE on original petition, p. 319;
order of reference to appoint a re F. 212, p. 337.
ceiver, F. 692, p. 1038.

of surrogate granting execution
reference for accounting before against property of a judgment-
judgment. See list, p. 1898.

debtor having died since judg.
CRIM, COX., abatement of, p. 1433. ment, F. 2176, p. 2136.
order for bill of particulars in a:- DEEDS, setting aside, as relief, upon
tion for, F. 1069, p. 1402.

motion, p. 78.
CROSS-EXAMINATION of affiants, i deed conveying real estate to re-

reference to take, and for fur ceiver, F. 739, p. 1100.
ther proof on specific questions, | DEFAULT on motion, p. 136, 137.
F. 1335, p. 1592.

order on default of party moved
CROSS-INTERROGATORIES on com against, F. 99, p. 258.
mission, F. 1463, etc., p. 1675.

order to show cause why previous
CRUELTY (in action for limited di. order opening default should not

vorce), affidavit for arrest for, . be declared waived, F. 130, p.
929, p. 1276.

CUSTODY OF CHILDREX, motio i order declaring previous order oper-
for, F. 1009, p. 1343.

ing to have been waived, F. 131,
judgment awarding, F. 1916, p. 1970. p. 276.
DAMAGES on injunction, mode of

on service by publication, motion to
ascertaining, p. 992, 997.

open, F. 453, p. 751.
order for particulars, F. 1072, p.

on same day as service of affidavit

of merits, p. 382.
offer to liquidate, F. 1310, p. 1570. attorney may stipulate to open, p.
LATE of bond, p. 29.


affidavit of failure to serve answer
of notice, p. 196.
in motion or order, p. 218.

or demurrer, F. 385, p. 652..
of order, how modified, p. 245.

taking deposition for assessment of
significance of, in official return, p.

damages, F. 1432, p. 1662.
367, 368.

application for judgment by, on
DEATH of principal entitles bail to

failure to appear or plead. See

list, p. 1748.
exoneration, p. 1328, n.
suggestion of, on record, p. 416.

at trial term on call of cause, F.
DECEDENTS, receiver to distribute

1698-1700, p. 1852, 1853.

judgment after verdict on issue of
estate of, p. 1001.

fact as to defendants appearing,
receiver of. See contents, p. 1026.

and a reference as to those in, Ĉ.
estates, receivership of, F. 695, 696,

1812, p. 1910.
p. 1043.

judgment where an issue of fact as
estate, attaching debtor's interest

to one defendant has been tried
in, F. 851, p. 1217.

by a referee, and a reference hai
DECEIT, arrest for, F. 936, p. 1283.

on default of others and excep.
abatement of action for, p. 1433.

tions to report, F. 1815, p. 1912.
DECISION after trial by court with

notice of motion (or order to show
out jury, F. 1748, p. 1877.

cause) to move to open. F. 1042,
by court, after trial of part of the

p. 1378; F. 2043, p. 2046.
issues by jury, F. 1786, p. 1896.

order granting or denying motion to
of motion, who must watch for, p. open, F. 2014-2056, p. 2047.

DEFECT OF PARTIES is waived bv
statutory grounds of, in order, p not taking it by answer or de-

murrer, p. 1439.
on demurrer — by findings overrul. | DEFENSE, notice to third person to

ing demurrer, F. 1598, p. 1776. assume, F. 1137, p. 1459.
sustaining demurrer, F. 1599, F. DELIVERY of specific assets, petition

by receiver to compel, F. 710, p.
by judge, when has effect of ver. 1101,
dict, p. 1866, n.

of books and papers, affidavit on be.
DECOYING into jurisdiction, p. half of receiver to obtain, F. 741,
744, n.

p. 1102.

(Volume I ends with page 1169.]
DELIVERY - Continued.

| DEPOSIT - Continued.
of money or other personal prop- in lieu of undertaking on appeal, F.

erty, summary remedy for. See 2092, 2093, p. 2076, 2077.
contents, p. 1142.

DEPOSITION for use upon a motion,
DELIVERY AND DEPOSIT, ordering affidavit to procure order to take,
as a provisional remedy before

F. 53, p. 172.
service of summons. See p. 636.

for use on a motion, order to take,
as a method of securing possession F. 57, p. 177.
of property, p. 876.

for use on a motion, subpoena to :
order for, in trust company, on

witness to attend and make, F.
granting interpleader, F. 1155, p.

58, p. 177.

for motion and report of referee, F.
of conveyance, etc., deposited in

59, p. 178.
court: order to clerk for, F. 2263,

service of notice on attorney, p.
p. 2209.

384, n.
DEMANDS, notices and securities be

on examination before trial, F. 1420,
fore suit, Forms, see list, p. 516.

p. 1648.
for dower, F. 278, p. 518.
before suit against municipality, p.

taken without the State. See list,

p. 1658.
of copy of complaint, F. 437, 439, p.

taken within the State by consent.
736, 738.

See list, p. 1694.
of copy of account referred to in

taken within the State under for-
the pleadings, F. 1057, p. 1394.

eign commission. See list, p. 1709.
of admission of genuineness of docu-

taken de bene esse. See list, p. 1696.
ment, F. 1381, p. 1614.

costs of taking, F. 1688, p. 1843.
by defendant not appearing, of no.

DEPU'TY, signature by, p. 372.
tice of executing reference or

DESIGNATION of person on whom
writ of inquiry, F. 1567, p. 1755.

summons or writ for absentee may
DEMURRER, oral, p. 142. See p.

be served, F. 275, p. 514.

DEVISEE, affidavit for motion on be.
decision on, F. 1598, 1599, p. 1776. half of, to be substituted in place
trial or hearing, and judgment. Sie of original plaintiff or defendant,
list, p. 1775.

F. 1160, p. 1475.
DEPARTURE of complaint from judgment against in respect of de-
process, p. 742.

vised estate, F. 1875, p. 1945.
DEPOSIT in lieu of bond or under- DIRECTION to index notice of pen-
taking, p. 476.

dency, F. 523, p. 895.
belonging to the petitioner, petition to return commission with deposi-
that receiver be instructed to pay

tion, F. 1470, p. 1678.
over, F. 758, p. 1118.

by judge that a jury answer spe-
or delivery of money or other per.

cial questions, F. 1637, p. 1802
sonal property, summary remedy | DISBARRING ATTORNEY, for mis-
for. See contents, p. 1142.

conduct, must begin by order to
in broker's hands, attaching, F. 852, show cause, p. 126.
853, p. 1218.

DISBURSEMENTS not included in
in lieu of bail, certificate of, F. 975, costs of motion, p. 235.
p. 1319.

in proceedings on original petition,
in lieu of bail, notice to protect, F. affidavit to, F. 209, p. 335.
976, p. 1319.

affidavit of, annexed to bill of costs,
certificate that bail has been given F. 1689, p. 1846.

instead of, F. 977, p. 1319. DISCHARGE or removal of receiver.
allegations of conflicting claims to See contents, p. 1136.

money deposit, to obtain inter from arrest. See contents, p. 1303.

pleader, F. 1145, 1146, p. 1466. of attachment. See contents, p.
of conveyance, etc., in court; order 1241.

to clerk for delivery, F. 2265, p. DISCONTINUANCE by submission

pending action, p. 610.
of books, etc., with clerk ordered, F. by plaintiff before defendant's ap-
1391-1395, p. 1629.

pearance, p. 730,

NCE botant's ap

(Volume I ends with page 1169.]
DISCONTINUANCE - Continued. DISPOSSESSING, injunction against,
for Forms, see list, p. 1558.

F. 639, p. 965; F. 648, p. 968; and
on opening judgment, leave to plain- see LEASE.
tiff to, F. 2051, p. 2049.

| DISQUALIFICATION of judge, remo-
leave to plaintiff to discontinue, and val for, p. 1745.

leave to plead discharge, after DISREGARDING orders, p. 246.
judgment, F. 2070, p. 2061.

irregular stay, p. 420.
DISCOVERY and inspection of docu-

ments, Forms, see list, p. 1619.

351, n.
on examination before trial, F. 1410,

order enjoining creditors from suing
1411, p. 1644.

corporation pending action for, F.
by deposition without the State, F.,

729, p. 1087.

| DIVORCE, arrest for cruelty, F. 929,
1455-1459, p. 1672.
of death of a life tenant, verifica-

p. 1276 (but compare Code Civ.

Pro., $ 549).
tion of petition, p. 489.

– for apprehended absconding, F.
of names of necessary parties, p.

947, p. 1296.

custody of children. See list, p.
of books and papers to receiver, F.

696, p. 1045; F. 741, p. 1102.

injunction against disposing of prop-
of books, etc., as to attached prop-

erty to defraud plaintiff, F. 547,
erty, F. 860, p. 1223.

p. 928.
to enable to plead. See contents, p. injunction against husband's inter-

ference with wife's property, F.
and inspection of documents to en 611, p. 952.

able plaintiff to plead, petition in another State, injunction against
for, F. 1012, p. 1351.

prosecuting, F. 645, p. 967.
of party's address, F. 1111, p. 1431. interlocutory proceedings peculiar to,
direction to produce books before p. 1329.

referee, F. 1339, 1340, p. 1593. proceedings peculiar to trial and
order that books and papers be de. judgment, etc., and modifying. See

posited with referee before ac list, p. 1955.
counting, F. 1353, p. 1597.

affidavit to move for lease to de-
DISCRETION of court under prayer

fend, after judgment, on service
for general relief on motion, p.

by publication (in divorce), F.

2041, p. 2044.
of the court may be exercised by order vacating judgment, and giving
Appellate Division, p. 249.

leave to defend, F. 2057, p. 2051.
dismissal of motion for absence of

proceedings for service by publica-

tion, etc., F. 415, p. 696.
moving party, F. 100, p. 258.
DISMISSAL of action hy motion,

summons in, F. 365, p. 631.
Forms, see list, p. 1562.

affidavit of personal service of sum-
of action for failure to file security

mons, F. 375, p. 644.
for costs, F. 521, p. 874.

DOCKETING order for payment of
of complaint for plaintiff's failure

money, or affecting the title to
to appear, F. 1700, p. 1853.

real property, p. 243.

order or decree on original petition,
of complaint at the trial, F. 1702, p.

F. 212, 213, p. 339.
of action on merits or without pre-

judgment for deficiency, F. 2250, p.

judice, F. 1776–1780, p. 1890.

DOWER, demand for, F. 278, p. 518.
notice of motion (or order to show

proceedings peculiar to. See list, p.
cause) to move to open default,

inquest or, F. 2043, p. 2046.

abatement of action for, p. 1433.
order granting or denying motion to trial and judgment in. See list, p.

open, F. 2044-2056, p. 2047, etc. 1977.
of appeal. See list, p. 2064.

order appointing receiver of rents
of appeal for neglect to give new and profits in foreclosure with in-
undertaking, notice of motion for, junction against defendant, F. 700,
F. 2099, p. 2080.

p. 1052.

(Volume I ends with page 1169.)
DOWER — Continued.

| ELECTION, notice of, p. 343, n.
proceedings for survey, p. 1616. to treat unverified pleading as 3
undertaking on injunction to stay nullity, F. 1028. p. 1370.
proceeding, F. 660, p. 980.

in corporation, examination before
undertaking to prevent stay on de trial, or to enable applicant to
fendant's appeal from final judg-

plead, in action to set aside, F.
ment, F. 2091, p. 2076.

428, p. 707.
DRAMA, injunction against represen-

order to make between provisional
tation of, F. 594, p. 941.

remedies, F. 826, p. 1177.

injunction against holding corporate,
DU'E, effect of, in admission of ser-

F. 621, p. 956, ete.
vice, p. 9.
EJECTMENT, proceedings peculiar to.

by defendant in replerin, p. 1150.

between causes of action compelling,
See list, p. 1985.

p. 1421.
abatement of action for, p. 1433.

compelling between sereral actions,
arrest in, for withholding posses- | F. 1298, p. 1563.
sion, F. 930, p. 1277.

EMBEZZLEVIENT, affidavit for ar.
affidavit to move that attorney pro. rest, F, 931, p. 1279.

duce authority, F. 1213, p. 1309. EMINENT DOMAIN, publication of
order staying until attorney pro-l notice in proceedings by State,

duces authority, F. 1214, p. 1509. 351, n.
publication of notice of attorney- EMPLOYMENT, injunction against,
general's suit, p. 351, n.

F. 631, p. 939.
request to attorney to commence an

action to recover real property, F.

tice under, p. 525.
272, p. 512

guardian ad litem for defendant, p.

relief by judicial sale or otherwise.

See list, p. 2186.

for necessaries, or wages, F. 219,-
injunctions against, F. 641, etc., p.

2199, p. 2162. etc.
966, etc.

staying waste pending, F. 652, p. 969.

contents, p. 822.
interpleader in, p. 1464, n.

ENROLLMENT of papers on original
lis pendens in, p. 882.

petition, F. 212, p. 339.
trial and new trial in. See list, p. ENTRY of order before vacating, p.

1985. .
notice to quit, for non-payment of of orders, p. 237.
rent, before, F, 289, p. 528.

of order, notice of, F. 131, p. 278.
bringing in parties after death, p. of a judge's order made out of

court, order for, F. 137, p. 279.
severing as against distinct occu-

of judgment, injunction against, F.
pants, F. 1050, p. 1388.

638, p. 964.
affidavit of landlord to move to be

in the minutes on jury trial. See
made co-defendant in, F. 1208, p. list, p. 1799.

as to oath in referee's minutes, F.

1839, p. 1924.
order appointing receiver of rents

of verdict in an action for land
and profits in foreclosure, with
injunction against defendant, F.

(ejectment), F. 1945, p. 1987.

ENUMERATED motions, what are, p.
700, p. 1032.

service of infant resident but ab.

ERECTION and to compel removal of
sent, F. 494-496, p. 847, etc.

buildings, injunction as to, F. 575,
proceedings for survey, F. 1384, p.

p. 938.

ESCAPE, service of summons in ac.
undertaking for injunction pending, tion for, p. 646, n.
p. 973, n., 974, n.

undertaking on injunction to stay DENT.
proceeding, F. 660, p. 980.

presentation of claim against, p. 516.
undertaking to stav on appeal from reference of claim against, p. 611.
judgment, F. 2089, p. 2075.

receiver of. See contents, p. 1026.

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[Volume I ends with page 1169.)
EVIDENCE on a motion, p. 105, 146. EXAMINATION - Continued.
of publication, p. 361.

order denying motion to vacate a
precluding for failure to serve bill previous order for examination

of particulars, F. 1083, p. 1408. before trial, which appointed a
at the trial, order precluding, on de. time that has now passed, F. 117,

fault of account, F. 1061, p. 1397. p. 269.
reference to take testimony on spe attachment for refusal to submit to,

cific question, F. 1329, p. 1591. F. 1258, p. 1542.
same; to take evidence as to truth costs for, F. 1688, p. 1843.

of allegations, F. 1330, p. 1591. of witnesses by taking deposition
same; to take oral testimony on without the State. See list, p.

matter in affidavits, F. 1334, p. 1658.

within the State, by consent. See
same; to take evidence of various

list, p. 1694.
claimants on specific questions, F., conditionally (de bene esse). See
1342, p. 159 1.

list, p. 1696.
stipulations and admissions for pur- under foreign commission. See list,
pose of. See list, p. 1608.

p. 1709.
preclusion from proving document EXCAVATING, injunction against, F.

not produced when ordered, F. 570, p. 936.
1397, p. 1631.

EXCEPTION to sureties, F. 257, f.
methods of taking without the 480.
State, p. 1656, etc.

notice of justification after, F. 258,
EXAMINATION of bail, F. 970, p. p. 480.

and justification on undertaking on
of party before trial, liability to,

appeal, F. 2095, p. 2078.
how affected by assignment of EXCEPTIONS directed to be heard at
cause of action, p. 507.

Appellate Division, an enumerated
before action, Forms, see list, p. 534. motion, p. 72.
before trial, to ascertain unknown to referee's report on special ques.

or additional defendants, p. 704. tions (assessing damages on in-
to enable to plead. See contents, p. junction undertaking), F. 1357, p.

before trial. See list and contents, ordering to be heard at Appellate
p. 1632.

Division, F. 1655, 1659, p. 1817,
physical, of plaintiff, p. 1651, etc.

affidavit to obtain, to enable plain case and, on trial by jury. See list,

tiff to plead (action by stockhold p. 1821.
ers for accounting), F. 1013, p. distinguished from case, p. 1823, n.

right of successful party to have his
of plaintiff to enable defendant to objections appear, p. 1828. n.

plead (general Form), F. 1014, p. after trial by court or referee, F.

1755, p. 1885.
of affiant or party, on reference of a on the trial distinguished from ex-
motion, F. 1335, p. 1592.

ceptions to decision of judge or
of person holding attached goods, F. referee, p. 1881, n.
858, etc., p. 1221.

to the report of a referee appointed
of debtor, under attachment against to take and state an account, F.

property, affidavit upon order to 1809, p. 1908.
show cause why debtor should not to report of referee of sale under
answer, F. 862, p. 1224.

judgment in partition, etc., di-
of defendant before referee on re recting sale, F. 2248, p. 2198.

ceiver's appointment, F. 693-698, EXCHANGE, action to set aside ex.
p. 1040.

pulsion from, F. 429, p. 708.
of debtor after receivership, F. 734, EXECUTION against property. See
735, p. 1097.

list, p. 2123; F. 2183, p. 2144.
of adverse claims to property under upon judgment for necessaries, F.

receivership (interesse suo), p. 2199, p. 2164.

to enforce order requiring payment
service of order for, p. 384, n. I of money, p. 250.

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