Page images

(Volume I ends with page 1169.)

property levied on, F. 874, p. Continued.

for sale in partition, F. 1999-2013,
of damages, F. 1575, p. 1760.

p. 20, 23, etc.
INSANE, verification of petition for

verification of petition for INTERLOCUTORY PROCEEDINGS
appointment of committee, p. 489 n. peculiar to divorce, Forms, see
leave for actions by or against, p. list, p. 1329.

overlapping judgment, power of at.
personal service of process on, F. torney in, p. 389.
372, p. 643.

INTERPLEADER, removal of action
order for service on another person for, p. 756, n.
in addition, F. 373, p. 643.

affidavit denying collusion, to annex
order for service of process by sub- to a bill of, F. 533, p. 916.
stitution, F. 388, p. 659.

action of, notice of motion before
defendant, proceedings to appoint court or judge for injunction, F.

guardian ad litem, F. 487, p. 840. 536, p. 917.
INSOLVENCY, publication of notice injunction in action of, F. 545, p.
in, p. 346, n.

publication of notices to creditors injunction in case of, 7. 642, p. 966.

and parties in interest, p. 349, n. proceedings of, F. 1144, p. 1463, etc.
- insolvent proceedings must begin order of, F. 1151-1155, p. 1469, etc.

by order to show cause, p. 127. same, where defendant disputes lia-
verification of petition for discharge bility in whole or in part, F. 1158,

of insolvent or exemption from ar p. 1474,
rest, p. 489, n.

in foreclosure, order of, F. 1153, p.
- insolvent to give security for 1470.
costs, p. 864.

order of, on delivery of specific
- insolvent plaintiff, displaced by property, and appointing receiver
assignee, F. 1141, p. 1461.

therefor, F. 1154, p. 1471.
INSPECTION of documents to enable another Form; securities to be de-

plaintiff to plead, petition for, F. livered to a trust company, F.
1012, p. 1351.

1155, p. 1472.
affidavit to obtain examination of affidavit to obtain in two causes in

defendants, to enable plaintiff to the same court, F. 1156, p. 1472.
plead (action by stockholders for

recital in judgment after, F. 1705,
accounting), F. 1013, p. 1353.

p. 1856.

judgment directing that action be
INSTRUCTIONS to receiver, p. 1106. commenced, F. 1869, p. 1942.
INSURANCE, injunction against pay. | order for judgment and reference,
ing or receiving, F. 610, p. 952.

F. 1870, p. 1942.
INTERESSE SUO, examination, p. / INTERROGATORIES as to contempt,

F. 1266, p. 1548.
INTEREST on bonds, injunction on commission to take deposition
against payment, F. 628, p. 958.

without the State; settled by
INTERLINEATIONS as an amend. consent, F. 1451, p. 1670; by order,
ment, F. 34, p. 23.

F. 1468, p. 1677."
fect of death of party, p. 1435.

F. 199, p. 329.
on demurrer, F. 1600, p. 1778. by asking removal to U. S. court,
with reference thereunder, before p. 754.

final application to the court for of third person in replevin, p. 1151;
judgment, F. 1794-1803, p. 1900, F. 807, p. 1164.

of third person claiming property
in divorce, F. 1908, p. 1964.

attached, p. 1245.
to admeasure dower, F. 1933, p. 1978 proceedings of a third person to
for sale to pay dower, F. 1941, p. come in, Forms, see lists, p. 1475,

for actual partition, F. 1980-1983, p. bringing in additional party on his

own application, p. 1492.

(Volume I ends with page 1169.]
INTERVENING - Continued. | JUDGE'S ORDER, how distinguished
in divorce, appearance by co-respond from that of court, p. 212, 215.
ent, F. 1903, p. 1961.

(general form), F. 96, p. 257; F.
INTIMIDATION of employes, injunc 819, p. 1174.

tion against, F. 637, p. 964. JUDGMENT, distinguished from or.
INVENTORY of property attached, ders, p. 209.
F. 839, p. 1207.

leave to sue on, p. 561,
IRREGULARITY, specifying in notice suits auxiliary to, p. 756.
of motion, p. 122.

action on foreign, affidarit for ar-
not specified, on motion, p. 150.

rest in action for, F. 941, p. 1997.
IRRELEVANT MATTER,* striking on agreed statement of facts, F. 356,
out, p. 1418.

p. 615.
ISSUES of law an enumerated mo alternative notice of motion for, p.
tion, p. 72.

or reference to decide motion, p. answer after judgment, a new suit,

p. 777.
affidavit to move for trial of by a entered on admission of service and
jury, F. 1730, p. 1867.

waiver of answer, F. 386, p. 652
notice of motion for, F. 1731, p. after failure to answer pursuant to

leave of Appellate Division on
proposed for trial by jury, F. 1732, reversing order on demurrer, F.
p. 1868.

2146, p. 2108.
decision by court after jury trial of “lien suspended on appeal," affida-
part of, F. 1786, p. 1896.

vit to obtain order to mark, F.
same; after jury trial of all the 2104, p. 2083.
issues, F. 1782, p. 1893.

on appeal, F. 2141, p. 2105.
order setting aside issues already on dismissal of appeal, F. 2142, p.
tried, and directing new issues for

trial, F. 1187, p. 1897.

after modification on appeal, F.
trial of by referee, in divorce, F. 2130, p. 2099,

1901, 1904-1906, p. 1959, 1962, etc. of reversal on appeal, F. 2133-2138,
trial of by jury, in divorce, F. 1902, p. 2103, etc.
1907, p. 1960, 1963,

arrest after, p. 1271.
JAIL LIBERTIES, undertaking for, arrest in action on a foreign judg.
F. 967, p. 1316.

ment, F. 941, p. 1287
JOINING AND SEVERING PETI. assignment, set-off, discharge and
TIONS, p. 316.

satisfaction. See list, p. 2055.
JOINT BUSINESS, order appointing does not terminate the attorney's
managing receiver of, F. 711, p. duty of loyalty, p. 387.

power of attorney to stipulate after,
JOINT DEBTOR not served in a pre p. 433.

vious action, judgment against, F. attorney may stipulate to open, p-
1725, p. 1863.

JOINT INTEREST, notice to one of for cancellation of instrument, F.

several jointly interested, p. 196. 1779, p. 1892.
JOINT STOCK COMPANY, naming in by confession, p. 598; F. 348, p. 601.
action, p. 628.

injunction against entering confes-
or unincorporated association or sion, F. 612, p. 953.

partnership under the statute, by consent on summons served, F.
judgment against, F. 1871, p. 1943.

384, p. 651; on accepted offer, F.
JUDGE, where or before whom to 1307, p. 1574.
move, p. 88-98.

- where plaintiff's recovery entitled
power to stay proceedings, p. 415. defendant to costs, F. 1726, p.
duty of, in approving security, p. 1863.

- where defendant is entitled to
removal of cause for disqualification costs by reason of offer not ac-
of, p. 1745.

cepted, F. 1727, p. 1863.
may settle case, etc., after term for double or treble damages, F.
expired, 1829, n.

1720, p. 1860.

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

JUDGMENT - Continued.
- awarding money previously paid offering, without trial. See list,
into court, F. 1724, p. 1862.

p. 1569.
effect of death of party, p. 1435. on accepted offer, F. 1307, p. 1574.
after death of defendant, p. 1449, n. order to show cause why previous
to include order of substitution, F. order opening default should not
1134, p. 1456, n.

be declared waived, F. 130, p. 275.
taking by default, on failure to en order declaring previous order open-

ter appearance, or to plead. See ing default to have been waived,
list, p. 1748.

F. 131, p. 276.
Form of taken by default, entered motion to open. See list of Forms,
by the clerk, F. 1565, p. 1753.

p. 2042.
directed by court after damages as on service by publication, F. 446,

sessed by sheriff's jury, F. 1578, p. 746.
p. 1761.

parties, in favor of plaintiff, against
— where service was by publication, a part of the defendants, F. 1721,
F. 1583, p. 1766.

p. 1860.
in foreclosure, F. 1949, p. 1991.

in favor of a part of the plaintiffs,
for failure to reply, F. 1595, p. 1774. against all the defendants, F.
by defendant's default when cause 1772, p. 1861.

is reached on the calendar, F. in favor of a part of the plaintiffs,
1699, p. 1851.

against a part of the defendants,
taking deposition to carry into F. 1723, p. 1861.
effect, F. 1432, p. 1662.

against a joint debtor not served in
dismissing action without trial, F.

a previous action, F. 1725, p.
1297, p. 1566.

on dismissal of complaint for plain-

for actual partition, F. 1990–1994,
tiff's failure to appear, F. 1700,

p. 2018, etc.
p. 1853.

after sale in partition, F. 2018. p.
of non-suit or dismisssal of com-

plaint at the trial, F. 1702, p.

on the pleadings, p. 1425.
dismissing the complaint upon the

after reference of a special question
merits, or without prejudice, F.

followed by findings of the court
1776-1780, p. 1860.

on the remaining issues, F. 1814,
for divorce interlocutory, F. 1906,

p. 1911.
p. 1962; F. 1908, p. 1964.

where an issue of fact as to one
for divorce, final, F. 1910, p. 1966.

defendant has been tried by a ref.

eree, and a reference had on de-
admeasuring dower, or filing an-
nual charge therefor, F. 1938, p.

fault of other defendants, and

exceptions have been taken to the
in ejectment, F. 1947, 1948, p. 1989.

report, F. 1815, p. 1912.
security on enjoining execution, p.

on referee's report, F. 1853, p. 1929.

on reference of claim against dece-
against executor or administrator,

dent, F. 362, p. 621.
F. 362, p. 621.

for reformation, F. 1884, p. 1948.
for foreclosure and sale, F. 1949 on remittitur, F. 2163, p. 2121.
1955, p. 1991, etc.

relief in various special cases, F.
allowing plaintiff to redeem, F. 2020, 1856, etc., p. 1931, etc.
p. 2031.

amending or confirming, and limit-
recital that guardian ad litem was ing time to review, etc. See list,
appointed, p. 835.

p. 2034.
(irregular), against infant - order to stand as security, practice on,

that it stand confirmed, F. 496, p. F. 2049, p. 2049.

proceedings against, founded an
effect on injunction, p. 987.

service on former attorney, p. 655.
on inquest, F. 1697-1699, p. 1851. founded on publication, extra terri.
interlocutory. See INTERLOCUTORY torial effect of, p. 663.

setting aside, upon motion, p. 78.
effect on lis pendens, p. 889.

signature by judge, p. 1887, n.

(Volume I ends with page 1169. 1
JUDGMENT - Continued.

JURATS - Continued.
on decision after trial by the court, taken without the State, before a
F. 1758, p. 1885.

mayor, needing no further authen-
after trial, and reference prelim tication (N. Y. statutes), F. 19,
inary to final judgment, F. 181.),

p. 16.
p. 1911.

for use in New York, taken beiore
on undertaking, p. 993.

a judge in Canada, F. 21, p. 17.
order vacating. See list of Forms,

taken without, for use within the
p. 2012.

States of Connecticut, Maine,
vacating with conditions and con-

Massachusetts, New Hampshire,
sent thereto, F. 115, p. 268.

or Vermont (before commissioner

for such State), F. 23, p. 18.
vacating, for proceeding in wrong

of affidavit taken without New Jer.
county, F. 178, p. 302.

sey for use within New Jerver
on verdict, F. 1703-1719, p. 1854.

(before commissioner for les
aiter verdict, on special issues, F.

Jersey), F. 24, p. 18.
1784, p. 1895.

or record of oath or affirmation,

p. 203.
injunction in suit by, p. 1026. JURISDICTION, want of, raised by
affidavit by, to move to come in be.

motion or pleading, p. 80.
fore judgment as co-plaintiff in a

after judgment, p. 83.
creditor's action, F. 1199, p. 1497. motions before service of process,
order allowing to come in as 09-

p. 82.
plaintiff in creditor's action, f. as deperdent upon sufliciency of nu-
1200, p. 1198.

tice, p. 198.
action to sequestrate corporate consent to hearing by judge having
property, affidavit to obtain ap-

no, p. 212.
pointment of receiver in, F. 716, order of adjournment on objection
p. 1076.

to jurisdiction, and continuing in-
JUDGMENT-ROLL, order amending, junction, F. 127, p. 273.
F. 26, p. 20.

as dependent on publication, p. 364,
authenticating foreign, F. 1535, p. return of service omitting to state

place, p. 371.
JUDICIAL SALE. See list of Forms, distinction between want of, ani
p. 2186.

want of power, p. 420, .
vacated on motion by petition, p.

plaintiff's proceedings relating to,
309. n.

p. 622.
citation in surrogate's court, as to

what defects in summons affect, p.

surplus, p. 352, n.

as dependent upon summons, p. 635.
receiver's petition for leave to sell
assets, F. 748, 749, p. 1110.

not affected by defects in proof of
order permitting sale by receiver,

service, p. 641.

by admission of service, p. 649, n.
F. 750, p. 1112.

when gained by admission of service,
order confirming. F. 751, p. 1113.

P. 649, n.
petition to compel purchaser to per-

as dependent upon form of allega.
form, F. 752, p. 1114.

tion of non-residence, p. 668.
directions as to mode in foreclosure,

as affected by defect in proof of ser.
F. 1949-1955, p. 1990, etc.

vice, p. 670.
directions as to, in partition, F. defendant's proceedings touching,
1999-2013, p. 2023, etc.

p. 731.
JURATS of affidavit, requisites and

voluntary appearance as giving, p.
effect, p. 12.

Forms of jurat, F. 14-24, pp. 13-18. when questioned by motion, p. 741.
where the deponent is a lunatic, as affected by defects in summons or

blind, or illiterate, or a foreigner, service, p. 742.
F. 15, p. 14. 15.

of and removal to U. S. circuit
of affidavit taken without the State, court, p. 753.

before a commissioner, for use ousted by filing petition, etc., for
within the State, F. 18, p. 16. I removal, p. 772.

[Volume I ends with page 1169.)
JURISDICTION – Continued. | LEAVE — Continued.

what is a Federal question, p. 773. to apply for further directions;
of person of infant or lunatic, p. clauses as to, in final order, i.

212, p. 339.
receiver of property in a foreign to apply for further directions on
jurisdiction, p. 1001.

special reference, F. 1346, p. 1595.
striking out party beyond, F. 1112,

to apply for further directions, at
p. 1441.

foot of judgment, F. 1923, p. 1972.
JURISDICTIONAL OBJECTION, or-| to heir, executor, etc., to move
der deciding, F. 106, p. 261.

against a final judgment for error
clause in order as to, F. 106, p. 261.||

in fact, F. 2040, p. 2044.
JUROR, withdrawing, and amending,

reserved in order denying injunc-
F. 1628, p. 1797.

tion, to apply again, or in a par-
JURY, notice by sheriff of calling, to

tial injunction to apply for more
try claim to property attached,

stringent injunction, on further
F. 868, p. 1228.

evidence, F. 552, p. 932.
motion for special or struck jury,

in injunction order, to defendant to
F. 1619-1621, p. 1792, etc.

move to modify or dissolve, F.
for foreign, F. 1622, p. 1794.

553, p. 932.
stipulation for trial by court with-

to intervene on original petition,

F. 200, p. 330.
out, F. 1728, p. 1865.

to marry again, F. 1979, p. 1975.
of sureties, cx

to object to evidence after report,
parte, p. 460.

F. 1345, p. 1595.
of sureties on notice, p. 467.

to read copy document, F. 1373,
and exception on undertaking on 1374, p. 1611.
appeal, F. 2095, p. 2078.

to read minutes or case, F. 1375,
or new undertaking on appeal; or p. 1611.

der allowing new notice of, F. for reargument of motion, F. 160,
2098, p. 2079.

p. 291.
LACHES in making motion, p. 83. to renew motion, p. 159.
in moving for security for costs not to renew, motion for, F. 83, p. 188.

necessarily a waiver, p. 856. to renew application to renew mo-
sufficient to move to cancel lis pen. tion, F. 85, p. 189.
dens, p. 891.

to renew motion reserved in order,
LANGUAGE, all legal proceedings to p. 232.
be in English, p. 357.

to renew denied motion, F. 103,
LEASE, injunction against breach of, p. 205.
F. 582-584, p. 940.

to serve additional papers, and con-
injunction against preventing lessee tinuing injunction meanwhile, F.
of theatre from using it, F. 584, 125, p. 273.
p. 941.

to serve additional papers in in-
injunction against breach of, F. 639, junction order, F. 538, p. 919.
p. 965.

to make supplemental complaint,
by receiver, p. 1018.

F. 1177, p. 1482.
replevying chattels leased, F. 793, to withdraw papers from files, F.
p. 1153.

1286, p. 1561.
LEAVE to plaintiff to amend on open. LEAVE TO SUE, generally. See con-

ing judgment, F. 2051, p. 2049. tents, p. 542; for Forms, see list,
to answer on a change of parties,

pp. 542, 543.
F. 1173, p. 1481.

order denying motion made on peti.
to appeal, F. 2080-2084, p. 2065, etc. tion without prejudice to an ac.
to plaintiff to discontinue on open tion, or with leave to sue, F. 190,
ing judgment, F. 2051, p. 2049.

p. 324.
to plead discharge after judgment, order denying original petition

and leave to plaintiff to discon without prejudice to an action,
tinue, F. 2070, p. 2061.

or with leave to sue, F. 206, p.
to issue éxecution. See list, p. 2123. 333.
to file suggestion, p. 446.

I notwithstanding stay, F. 232, p. 426.

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