CREDITORS—Continued.
order of reference to appoint a re-
ceiver, F. 692, p. 1038.
reference for accounting before
judgment. See list, p. 1898.
CRIM. CON., abatement of, p. 1433.
order for bill of particulars in a-
tion for, F. 1069, p. 1402.
CROSS-EXAMINATION of affiants,
reference to take, and for fur-
ther proof on specific questions,
F. 1335, p. 1592.
CROSS-INTERROGATORIES on com-
mission, F. 1463, etc., p. 1675.
CRUELTY (in action for limited di-
vorce), affidavit for arrest for, F.
929, p. 1276.
CUSTODY OF CHILDREN, motion
for, F. 1009, p. 1343.

judgment awarding, F. 1916, p. 1970.
DAMAGES on injunction, mode of
ascertaining, p. 992, 997.

order for particulars, F. 1072, p.
1403.

offer to liquidate, F. 1310, p. 1576.
CATE of bond, p. 29.

of notice, p. 196.

in motion or order, p. 218.
of order, how modified, p. 245.
significance of, in official return, p.
367, 368.

DEATH of principal entitles bail to
exoneration, p. 1328, n.

suggestion of, on record, p. 446.
DECEDENTS, receiver to distribute
estate of, p. 1001.

receiver of. See contents, p. 1026.
estates, receivership of, F. 695, 696,
p. 1043.

estate, attaching debtor's interest
in, F. 851, p. 1217.
DECEIT, arrest for, F. 936, p. 1283.

abatement of action for, p. 1433.
DECISION after trial by court with-

out jury, F. 1748, p. 1877.
by court, after trial of part of the
issues by jury, F. 1786, p. 1896.
of motion, who must watch for, p.

DECREE on original petition, p. 318;
F. 212, p. 337.

of surrogate granting execution
against property of a judgment-
debtor having died since judg
ment, F. 2176, p. 2136.
DEEDS, setting aside, as relief, upon
motion, p. 78.

deed conveying real estate to re-
ceiver, F. 739, p. 1100.
DEFAULT on motion, p. 136, 137.
order on default of party moved
against, F. 99, p. 258.

order to show cause why previous
order opening default should not
be declared waived, F. 130, p.
275.

order declaring previous order open-
ing to have been waived, F. 131,
P. 276.

on service by publication, motion to
open, F. 453, p. 751.

on same day as service of affidavit
of merits, p. 382.

attorney may stipulate to open, p.

435.

affidavit of failure to serve answer
or demurrer, F. 385, p. 652.
taking deposition for assessment of
damages, F. 1432, p. 1662.
application for judgment by, on
failure to appear or plead.
list, p. 1748.

See

at trial term on call of cause, F.
1698-1700, p. 1852, 1853.
judgment after verdict on issue of
fact as to defendants appearing,
and a reference as to those in, F.
1812, p. 1910.

judgment where an issue of fact as
to one defendant has been tried
by a referee, and a reference had
on default of others and excep-
tions to report, F. 1815, p. 1912.
notice of motion (or order to show
cause) to move to open, F. 1042,
p. 1378; F. 2043, p. 2046.
order granting or denying motion to
open, F. 2044-2056, p. 2047.
DEFECT OF PARTIES is waived by

not taking it by answer or de-
murrer, p. 1439.
DEFENSE, notice to third person to
assume, F. 1137, p. 1459.
DELIVERY of specific assets, petition
by receiver to compel, F. 740, p.
1101.

of books and papers, affidavit on be-
half of receiver to obtain, F. 741,
p. 1102.

DELIVERY - Continued.

519.

taking, p. 476.

belonging to the petitioner, petition
that receiver be instructed to pay
over, F. 758, p. 1118.

or delivery of money or other per-
soral property, summary remedy
for. See contents, p. 1142.

in broker's hands, attaching, F. 852,
853, p. 1218.

in lieu of bail, certificate of, F. 975,
p. 1319.

in lieu of bail, notice to protect, F.
976, p. 1319.

certificate that bail has been given
instead of, F. 977, p. 1319.
allegations of conflicting claims to
money deposit, to obtain inter-
pleader, F. 1145, 1146, p. 1466.
of conveyance, etc., in court; order
to clerk for delivery, F. 2265, p.
2209.

of books, etc., with clerk ordered, F.
1391-1395, p. 1629.

DEPOSIT - Continued.

in lieu of undertaking on appeal, F.
2092, 2093, p. 2076, 2077.
DEPOSITION for use upon a motion,
affidavit to procure order to take,
F. 53, p. 172.

for use on a motion, order to take,
F. 57, p. 177.

for use on a motion, subpoena to a
witness to attend and make, F.
58, p. 177.

for motion and report of referee, F.
59, p. 178.

service of notice on attorney, p
384, n.

on examination before trial, F. 1420,
p. 1648.

taken without the State. See list,
p. 1658.

taken within the State by consent.

See list, p. 1694.

taken within the State under for-
eign commission. See list, p. 1709.
taken de bene esse. See list, p. 1696.
costs of taking, F. 1688, p. 1843.
DEPUTY, signature by, p. 372.
DESIGNATION of person on whom

summons or writ for absentee may
be served, F. 275, p. 514.
DEVISEE, affidavit for motion on be-

half of, to be substituted in place
of original plaintiff or defendant,
F. 1160, p. 1475.

judgment against in respect of de-
vised estate, F. 1875, p. 1945.
DIRECTION to index notice of pen-
dency, F. 523, p. 895.

to return commission with deposi-
tion, F. 1470, p. 1678.

by judge that a jury answer spe

cial questions, F. 1637, p. 1802.
DISBARRING ATTORNEY, for mis-
conduct, must begin by order to
show cause, p. 126.
DISBURSEMENTS not included in
costs of motion, p. 235.

in proceedings on original petition,
affidavit to. F. 209, p. 335.
affidavit of, annexed to bill of costs,
F. 1689, p. 1846.

DISCHARGE or removal of receiver.
See contents, p. 1136.
from arrest. See contents, p. 1303.
of attachment. See contents, p.
1241.

DISCONTINUANCE by submission
pending action, p. 610.

by plaintiff before defendant's ap-
pearance, p. 730.

after

for Forms, see list, p. 1558.
on opening judgment, leave to plain-
tiff to, F. 2051, p. 2049.
leave to plaintiff to discontinue, and
leave to plead discharge,
judgment, F. 2070, p. 2061.
DISCOVERY and inspection of docu-
ments, Forms, see list, p. 1619.
on examination before trial, F. 1410,
1411, p. 1644.

by deposition without the State, F.
1455-1459, p. 1672.

of death of a life tenant, verifica-
tion of petition, p. 489.

of names of necessary parties, p.
704.

of books and papers to receiver, F.
696, p. 1045; F. 741, p. 1102.
of books, etc., as to attached prop-
erty, F. 860, p. 1223.

to enable to plead. See contents, p.
1346.

and inspection of documents to en-
able plaintiff to plead, petition
for, F. 1012, p. 1351.

of party's address, F. 1111, p. 1431.
direction to produce books before

referee, F. 1339, 1340, p. 1593.
order that books and papers be de-
posited with referee before ac-
counting, F. 1353, p. 1597.
DISCRETION of court under prayer
for general relief on motion, p.
151.

of the court may be exercised by
Appellate Division, p. 249.
dismissal of motion for absence of
moving party, F. 100, p. 258.
DISMISSAL of action by motion,
Forms, see list, p. 1562.
of action for failure to file security
for costs, F. 521, p. 874.
of complaint for plaintiff's failure
to appear, F. 1700, p. 1853.
of complaint at the trial, F. 1702, p.
1854.

of action on merits or without pre-

judice, F. 1776-1780, p. 1890.
notice of motion (or order to show
cause) to move to open default,
inquest or, F. 2043, p. 2046.
order granting or denying motion to
open, F. 2044-2056, p. 2047, etc.
of appeal. See list, p. 2064.
of appeal for neglect to give new
undertaking, notice of motion for,
F. 2099, p. 2080.

DISPOSSESSING, injunction against,
F. 639, p. 965; F. 648, p. 968; and
see LEASE.
DISQUALIFICATION of judge, remo-
val for, p. 1745.
DISREGARDING orders, p. 246.
irregular stay, p. 420.
DISSOLUTION. See CORPORATION, p.
351, n.

order enjoining creditors from suing
corporation pending action for, F.
DIVORCE, arrest for cruelty, F. 929,
729, p. 1087.
p. 1276 (but compare Code Civ.
Pro., § 549).

- for apprehended absconding, F.
947, p. 1296.

custody of children. See list, p.

1329.

injunction against disposing of prop-
erty to defraud plaintiff, F. 547,
p. 928.
injunction against husband's inter-
ference with wife's property, F.
611, p. 952.

in another State, injunction against
prosecuting, F. 645, p. 967.
interlocutory proceedings peculiar to,
p. 1329.

proceedings peculiar to trial and
judgment, etc., and modifying. See
list, p. 1955.

affidavit to move for lease to de-
fend, after judgment, on service
by publication (in divorce), F.
2041, p. 2044.

order vacating judgment, and giving
leave to defend, F. 2057, p. 2051.
proceedings for service by publica-
tion, etc., F. 415, p. 696.
summons in, F. 365, p. 631.
affidavit of personal service of sum-
DOCKETING order for payment of
mons, F. 375, p. 644.

money, or affecting the title to
real property, p. 243.

order or decree on original petition,
F. 212, 213, p. 339.

judgment for deficiency, F. 2250, p.

2199.

DOWER, demand for, F. 278, p. 518.
proceedings peculiar to. See list, p.

1977.

abatement of action for, p. 1433.
trial and judgment in. See list, p.

1977.

order appointing receiver of rents
and profits in foreclosure with in-
junction against defendant, F. 700,
p. 1052.

DOWER-Continued.
proceedings for survey, p. 1616.
undertaking on injunction to stay
proceeding, F. 660, p. 980.
undertaking to prevent stay on de-
fendant's appeal from final judg-
ment, F. 2091, p. 2076.

DRAMA, injunction against represen-
tation of, F. 594, p. 944.

DUE, effect of, in admission of ser-
vice, p. 9.
EJECTMENT, proceedings peculiar to.
See list, p. 1985.

abatement of action for, p. 1433.
arrest in, for withholding posses-
sion, F. 930, p. 1277.

affidavit to move that attorney pro-
duce authority, F. 1213, p. 1509.
order staying until attorney pro-
duces authority, F. 1214, p. 1509.
publication of notice of attorney-
general's suit, p. 351, n.
request to attorney to commence an
action to recover real property, F.
272, p. 512.

guardian ad litem for defendant, p.
833.

injunctions against, F. 641, etc., p.
966, etc.

staying waste pending, F. 652, p. 969.
interpleader in, p. 1464, n.

lis pendens in, p. 882.

ELECTION, notice of, p. 343, п.
to treat unverified pleading as 2
nullity, F. 1028, p. 1370.
in corporation, examination before
trial, or to enable applicant to
plead, in action to set aside, F.
428, p. 707.

order to make between provisional
remedies, F. 826, p. 1177.
injunction against holding corporate,
F. 621, p. 956, etc.

by defendant in replevin, p. 1150.
between causes of action compelling,
p. 1421.

compelling between several actions,
F. 1298, p. 1568.
EMBEZZLEMENT, affidavit for ar-
rest, F. 931, p. 1279.
EMINENT DOMAIN, publication of
notice in proceedings by State, p.
351, n.

EMPLOYMENT, injunction against,
F. 631, p. 959.

EMPLOYERS' LIABILITY LAW, 10-
tice under, p. 525.
ENFORCING JUDGMENT for specifie
relief by judicial sale or otherwise.
See list, p. 2186.

for necessaries, or wages, F. 2197-
2199, p. 2162, etc.
ENJOINING PROSECUTION.
contents, p. 822.

See

1985.

1616.

ERECTION and to compel removal of
buildings, injunction as to, F. 575,
p. 938.
ESCAPE, service of summons in ae-
tion for, p. 646, n.
ESTATE OF DECEDENT. See DECE-

DENT.

presentation of claim against, p. 516.
reference of claim against, p. 617.
receiver of. See contents, p. 1026.

of publication, p. 361.

precluding for failure to serve bill

of particulars, F. 1083, p. 1408.
at the trial, order precluding, on de-
fault of account, F. 1061, p. 1397.
reference to take testimony on spe-
cific question, F. 1329, p. 1591.
same; to take evidence as to truth

of allegations, F. 1330, p. 1591.
same; to take oral testimony on
matter in affidavits, F. 1334, p.
1592.

same; to take evidence of various
claimants on specific questions, F.
1342, p. 159.

stipulations and admissions for pur-
pose of. See list, p. 1608.
preclusion from proving document |
not produced when ordered, F.
1397, p. 1631.

methods of taking without the
State, p. 1656, etc.
EXAMINATION of bail, F. 970, p.
1317.

of party before trial, liability to,
how affected by assignment of
cause of action, p. 507.
before action, Forms, see list, p. 534.
before trial, to ascertain unknown

or additional defendants, p. 704.
to enable to plead. See contents, p.
1347.

before trial. See list and contents,
p. 1632.

physical, of plaintiff, p. 1651, etc.
affidavit to obtain, to enable plain-
tiff to plead (action by stockhold-
ers for accounting), F. 1013, p.
1353.

of plaintiff to enable defendant to
plead (general Form), F. 1014, p.
1358.

of affiant or party, on reference of a
motion, F. 1335, p. 1592.

of person holding attached goods, F.
858, etc., p. 1221.

of debtor, under attachment against
property, affidavit upon order to
show cause why debtor should not
answer, F. 862, p. 1224.

of defendant before referee on re-
ceiver's appointment, F. 693-698,
p. 1040.

of debtor after receivership, F. 734,
735. p. 1097.

of adverse claims to property under
receivership (interesse suo), p.
1106.

service of order for, p. 384, n.

within the State, by consent. See
list, p. 1694.

conditionally (de bene esse). See
list, p. 1696.

under foreign commission. See list,
P. 1709.

EXCAVATING, injunction against, F.
570, p. 936.

EXCEPTION to sureties, F. 257, p.
480.

notice of justification after, F. 258,
p. 480.

and justification on undertaking on
appeal, F. 2095, p. 2078.
EXCEPTIONS directed to be heard at
Appellate Division, an enumerated
motion, p. 72.

to referee's report on special ques-
tions (assessing damages on in-
junction undertaking), F. 1357, p.
1600.

ordering to be heard at Appellate
Division, F. 1655, 1659, p. 1817,
etc.

case and, on trial by jury. See list,
p. 1821.

distinguished from case, p. 1823, n.
right of successful party to have his
objections appear, p. 1828, n.
after trial by court or referee, F.
1755, p. 1885.

on the trial distinguished from ex-
ceptions to decision of judge or
referee, p. 1881, n.

to the report of a referee appointed
to take and state an account, F.
1809, p. 1908.

to report of referee of sale under
judgment in partition, etc., di-
recting sale, F. 2248, p. 2198.
EXCHANGE, action to set aside ex-
pulsion from, F. 429, p. 708.
EXECUTION against property.

See

list, p. 2123; F. 2183, p. 2144.
upon judgment for necessaries, F.
2199, p. 2164.

to enforce order requiring payment
of money, p. 250.