[Volume I ends with page 1169.]
INQUISITION of jury upon claim to | INTERLOCUTORY property levied on, F. 874, p.
of damages, F. 1575, p. 1760. INSANE, verification of petition for appointment of committee, p. 489 n. leave for actions by or against, p. 565.
personal service of process on, F. 372, p. 643.
order for service on another person in addition, F. 373, p. 643. order for service of process by sub- stitution, F. 388, p. 659. defendant, proceedings to appoint guardian ad litem, F. 487, p. 840. INSOLVENCY, publication of notice in, p. 346, n.
publication of notices to creditors and parties in interest, p. 349, n. - insolvent proceedings must begin by order to show cause, p. 127. verification of petition for discharge of insolvent or exemption from ar- rest, p. 489, n.
insolvent to give security for costs, p. 864.
-insolvent plaintiff, displaced by assignee, F. 1141, p. 1461. INSPECTION of documents to enable plaintiff to plead, petition for, F. 1012, p. 1351.
affidavit to obtain examination of defendants, to enable plaintiff to plead (action by stockholders for accounting), F. 1013, p. 1353. See, DISCOVERY. INSTRUCTIONS to receiver, p. 1106. INSURANCE, injunction against pay- ing or receiving, F. 610, p. 952. INTERESSE SUO, examination, p.
INTEREST on bonds, injunction against payment, F. 628, p. 958. INTERLINEATIONS as an amend- ment, F. 34, p. 23.
INTERLOCUTORY JUDGMENT, ef- fect of death of party, p. 1435. on demurrer, F. 1600, p. 1778. with reference thereunder, before final application to the court for judgment, F. 1794-1803, p. 1900, etc.
in divorce, F. 1908, p. 1964.
to admeasure dower, F. 1933, p. 1978 for sale to pay dower, F. 1941, p.
for actual partition, F. 1980-1983, p. 2013.
for sale in partition, F. 1999-2013, p. 20, 23, etc. INTERLOCUTORY
PROCEEDINGS peculiar to divorce, Forms, see list, p. 1329.
overlapping judgment, power of at- torney in, p. 389.
INTERPLEADER, removal of action for, p. 756, n.
affidavit denying collusion, to annex to a bill of, F. 533, p. 916. action of, notice of motion before court or judge for injunction, F. 536, p. 917.
injunction in action of, F. 545, p. 926.
injunction in case of, 7. 642, p. 966. proceedings of, F. 1144, p. 1463, etc. order of, F. 1151-1155, p. 1469, etc. same, where defendant disputes lia- bility in whole or in part, F. 1158, p. 1474.
in foreclosure, order of, F. 1153, p. 1470.
order of, on delivery of specific property, and appointing receiver therefor, F. 1154, p. 1471.
another Form; securities to be de- livered to a trust company, F. 1155, p. 1472.
affidavit to obtain in two causes in the same court, F. 1156, p. 1472. recital in judgment after, F. 1705, p. 1856.
judgment directing that action be commenced, F. 1869, p. 1942. order for judgment and reference, F. 1870, p. 1942. INTERROGATORIES as to contempt, F. 1266, p. 1548.
on commission to take deposition without the State; settled by consent, F. 1451, p. 1670; by order, F. 1468, p. 1677. INTERVENING on original petition, F. 199, p. 329.
by asking removal to U. S. court, p. 754.
of third person in replevin, p. 1151; F. 807, p. 1164.
of third person claiming property attached, p. 1245. proceedings of a third person to come in, Forms, see lists, p. 1475, 1492.
bringing in additional party on his own application, p. 1492.
[Volume I ends with page 1169.]
INTERVENING —Continued. in divorce, appearance by co-respond- ent, F. 1903, p. 1961. INTIMIDATION of employes, injunc- tion against, F. 637, p. 964. INVENTORY of property attached, F. 839, p. 1207. IRREGULARITY, specifying in notice of motion, p. 122.
not specified, on motion, p. 150. IRRELEVANT MATTER, striking
ISSUES of law an enumerated mo- tion, p. 72.
or reference to decide motion, p. 155.
affidavit to move for trial of by a
jury, F. 1730, p. 1867.
notice of motion for, F. 1731, p. 1868.
proposed for trial by jury, F. 1732, p. 1868.
decision by court after jury trial of | part of, F. 1786, p. 1896. same; after jury trial of all the issues, F. 1782, p. 1893. order setting aside issues already tried, and directing new issues for trial, F. 1787, p. 1897. trial of by referee, in divorce, F.
1901, 1904-1906, p. 1959, 1962, etc. trial of by jury, in divorce, F. 1902,
1907, p. 1960, 1963.
JUDGE'S ORDER, how distinguished from that of court, p. 212, 215. (general form), F. 96, p. 257; F. 819, p. 1174.
JUDGMENT, distinguished from or- ders, p. 209.
leave to sue on, p. 561.
suits auxiliary to, p. 756.
action on foreign, affidavit for ar- rest in action for, F. 941, p. 1287. on agreed statement of facts, F. 356, p. 615.
alternative notice of motion for, p.
answer after judgment, a new suit, p. 777.
entered on admission of service and
waiver of answer, F. 386, p. 652. after failure to answer pursuant to leave of Appellate Division on reversing order on demurrer, F. 2146, p. 2108.
"lien suspended on appeal," affida- vit to obtain order to mark, F. 2104, p. 2083.
on appeal, F. 2141, p. 2105. on dismissal of appeal, F. 2142, p. 2106.
after modification
2130, p. 2099.
of reversal on appeal, F. 2133-2138, p. 2103, etc.
arrest after, p. 1271.
arrest in action on a foreign judg- ment, F. 941, p. 1287.
assignment, set-off, discharge and satisfaction. See list, p. 2055. does not terminate the attorney's duty of loyalty, p. 387.
power of attorney to stipulate after, p. 433.
attorney may stipulate to open, p. 435.
for cancellation of instrument, F. 1779, p. 1892.
by confession, p. 598; F. 348, p. 601. injunction against entering confes- sion, F. 612, p. 953.
by consent on summons served, F. 384, p. 651; on accepted offer, F. 1307, p. 1574.
[Volume I ends with page 1169.]
JUDGMENT Continued. -awarding money previously paid into court, F. 1724, p. 1862. effect of death of party, p. 1435. after death of defendant, p. 1449, n. to include order of substitution, F. 1134, p. 1456, n.
taking by default, on failure to en- ter appearance, or to plead. See list, p. 1748.
Form of taken by default, entered by the clerk, F. 1565, p. 1753. directed by court after damages as- sessed by sheriff's jury, F. 1578, p. 1761.
where service was by publication, F. 1583, p. 1766.
in foreclosure, F. 1949, p. 1991. for failure to reply, F. 1595, p. 1774. by defendant's default when cause
is reached on the calendar, F. 1699, p. 1851.
taking deposition to carry into effect, F. 1432, p. 1662.
dismissing action without trial, F. 1297, p. 1566.
on dismissal of complaint for plain- tiff's failure to appear, F. 1700, p. 1853.
of non-suit or dismisssal of com- plaint at the trial, F. 1702, p. 1854.
dismissing the complaint upon the merits, or without prejudice, F. 1776-1780, p. 1860.
for divorce interlocutory, F. 1906, p. 1962; F. 1908, p. 1964. for divorce, final, F. 1910, p. 1966. admeasuring dower, or filing an- nual charge therefor, F. 1938, p. 1982.
in ejectment, F. 1947, 1948, p. 1989. security on enjoining execution, p. 973.
against executor or administrator, F. 362, p. 621.
for foreclosure and sale, F. 1949- 1955, p. 1991, etc. allowing plaintiff to redeem, F. 2020, p. 2031.
recital that guardian ad litem was appointed, p. 835.
(irregular), against infant - order that it stand confirmed, F. 496, p. 849.
effect on injunction, p. 987.
on inquest, F. 1697-1699, p. 1851. interlocutory. See INTERLOCUTORY
JUDGMENT. effect on lis pendens, p. 889.
JUDGMENT - Continued. offering, without trial. See list, p. 1569.
on accepted offer, F. 1307, p. 1574. order to show cause why previous
order opening default should not be declared waived, F. 130, p. 275. order declaring previous order open- ing default to have been waived, F. 131, p. 276.
motion to open. See list of Forms, p. 2042.
on service by publication, F. 446, p. 746.
parties, in favor of plaintiff, against a part of the defendants, F. 1721, p. 1860.
in favor of a part of the plaintiffs, against all the defendants, F. 1772, p. 1861.
in favor of a part of the plaintiffs, against a part of the defendants, F. 1723, p. 1861.
against a joint debtor not served in a previous action, F. 1725, p. 1863.
for actual partition, F. 1990-1994, p. 2018, etc.
after sale in partition, F. 2018, p. 2029.
on the pleadings, p. 1425. after reference of a special question
followed by findings of the court on the remaining issues, F. 1814, p. 1911.
where an issue of fact as to one
defendant has been tried by a ref- eree, and a reference had on de- fault of other defendants, and exceptions have been taken to the report, F. 1815, p. 1912.
on referee's report, F. 1853, p. 1929. on reference of claim against dece- dent, F. 362, p. 621.
for reformation, F. 1884, p. 1948. on remittitur, F. 2163, p. 2121. relief in various special cases, F. 1856, etc., p. 1931, etc.
amending or confirming, and limit- ing time to review, etc. See list, p. 2034.
to stand as security, practice on, F. 2049, p. 2049.
proceedings against,
founded on service on former attorney, p. 655. founded on publication, extra terri- torial effect of, p. 663.
setting aside, upon motion, p. 78. signature by judge, p. 1887, n.
[Volume I ends with page 1169.]
JUDGMENT - Continued. on decision after trial by the court, F. 1758, p. 1885.
after trial, and reference prelim- inary to final judgment, F. 1813, p. 1911.
on undertaking, p. 993. order vacating. p. 2042. vacating with conditions and con- sent thereto, F. 115, p. 268. vacating, for proceeding in wrong county, F. 178, p. 302.
See list of Forms,
on verdict, F. 1703–1719, p. 1854. after verdict, on special issues, F. 1784, p. 1895. JUDGMENT-CREDITOR, receiver and injunction in suit by, p. 1026. affidavit by, to move to come in be- fore judgment as co-plaintiff in a creditor's action, F. 1199, p. 1497. order allowing to come in as Co- plaintiff in creditor's action, F. 1200, p. 1498.
action to sequestrate corporate property, affidavit to obtain ap- pointment of receiver in, F. 716, p. 1076. JUDGMENT-ROLL, order amending, F. 26, p. 20.
authenticating foreign, F. 1535, p.
JUDICIAL SALE. See list of Forms, p. 2186.
vacated on motion by petition, p. 309, n.
citation in surrogate's court, as to surplus, p. 352, n.
receiver's petition for leave to sell assets, F. 748, 749, p. 1110. order permitting sale by receiver, F. 750, p. 1112.
order confirming. F. 751, p. 1113. petition to compel purchaser to per- form, F. 752, p. 1114.
directions as to mode in foreclosure, F. 1949-1955, p. 1990, etc. directions as to, in partition, F. 1999-2013, p. 2023, etc. JURATS of affidavit, requisites and effect, p. 12.
Forms of jurat, F. 14-24, pp. 13-18. where the deponent is a lunatic,
blind, or illiterate, or a foreigner, F. 15, p. 14, 15.
of affidavit taken without the State, before a commissioner, for use within the State, F. 18, p. 16.
JURATS Continued.
taken without the State, before a mayor, needing no further authen- tication (N. Y. statutes), F. 19, p. 16.
for use in New York, taken before a judge in Canada, F. 21, p. 17. taken without, for use within the States of Connecticut, Maine, Massachusetts, New Hampshire, or Vermont (before commissioner for such State), F. 23, p. 18. of affidavit taken without New Jer- sey for use within New Jersey (before commissioner for New Jersey), F. 24, p. 18.
or record of oath or affirmation, p. 203.
JURISDICTION, want of, raised by motion or pleading, p. 80. after judgment, p. 83. motions before service of process, p. 82.
as dependent upon sufficiency of no- tice, p. 198.
consent to hearing by judge having no, p. 212.
order of adjournment on objection
to jurisdiction, and continuing in- junction, F. 127, p. 273.
as dependent on publication, p. 364. return of service omitting to state place, p. 371.
distinction between want of, and want of power, p. 420, n. plaintiff's proceedings relating to, p. 622.
what defects in summons affect, p. 629.
as dependent upon summons, p. 635. not affected by defects in proof of
by admission of service, p. 649, n. when gained by admission of service, p. 649, n.
as dependent upon form of allega tion of non-residence, p. 668. as affected by defect in proof of ser vice, p. 670.
defendant's proceedings touching, p. 731.
voluntary appearance as giving, p. 733.
when questioned by motion, p. 741. as affected by defects in summons or service, p. 742.
of and removal to U. S. circuit court, p. 753. ousted by filing petition, etc., for removal, p. 772.
[Volume I ends with page 1169.]
JURISDICTION - Continued.
what is a Federal question, p. 773. of person of infant or lunatic, p.
receiver of property in a foreign jurisdiction, p. 1001.
striking out party beyond, F. 1112, p. 1441.
JURISDICTIONAL OBJECTION, or- der deciding, F. 106, p. 264.
clause in order as to, F. 106, p. 264. JUROR, withdrawing, and amending, F. 1628, p. 1797.
JURY, notice by sheriff of calling, to try claim to property attached, F. 868, p. 1228.
motion for special or struck jury, F. 1619-1621, p. 1792, etc. for foreign, F. 1622, p. 1794. stipulation for trial by court with- out, F. 1728, p. 1865. JUSTIFICATION parte, p. 460. of sureties on notice, p. 467. and exception on undertaking on appeal, F. 2095, p. 2078.
or new undertaking on appeal; or- der allowing new notice of, F. 2098, p. 2079.
LACHES in making motion, p. 83. in moving for security for costs not necessarily a waiver, p. 856. sufficient to move to cancel lis pen- dens, p. 891.
LANGUAGE, all legal proceedings to be in English, p. 357. LEASE, injunction against breach of, F. 582-584, p. 940. injunction against preventing lessee of theatre from using it, F. 584, p. 941.
injunction against breach of, F. 639, p. 965.
by receiver, p. 1018.
replevying chattels leased, F. 793, p. 1153.
LEAVE to plaintiff to amend on open-
ing judgment, F. 2051, p. 2049. to answer on a change of parties, F. 1173, p. 1481.
to appeal, F. 2080-2084, p. 2065, etc. to plaintiff to discontinue on open- ing judgment, F. 2051, p. 2049. to plead discharge after judgment, and leave to plaintiff to discon- tinue, F. 2070, p. 2061.
to issue execution. See list, p. 2123. to file suggestion, p. 446.
LEAVE-Continued.
to apply for further directions; clauses as to, in final order, F. 212, p. 339.
to apply for further directions on special reference, F. 1346, p. 1595. to apply for further directions, at
foot of judgment, F. 1923, p. 1972. to heir, executor, etc., to move against a final judgment for error in fact, F. 2040, p. 2044. reserved in order denying injunc- tion, to apply again, or in a par- tial injunction to apply for more stringent injunction, on further evidence, F. 552, p. 932.
in injunction order, to defendant to move to modify or dissolve, F. 553, p. 932.
to intervene on original petition, F. 200, p. 330.
to marry again, F. 1979, p. 1975. to object to evidence after report, F. 1345, p. 1595.
to read copy document, F. 1373, 1374, p. 1611.
to read minutes or case, F. 1375, p. 1611.
for reargument of motion, F. 160, p. 291.
to renew motion, p. 159.
to renew, motion for, F. 83, p. 188. to renew application to renew mo- tion, F. 85, p. 189.
to renew motion reserved in order, p. 232.
to renew denied motion, F. 103, p. 265.
to serve additional papers, and con- tinuing injunction meanwhile, F. 125, p. 273.
to serve additional papers in in- junction order, F. 538, p. 919.
make supplemental complaint, F. 1177, p. 1482.
to withdraw papers from files, F. 1286, p. 1561.
LEAVE TO SUE, generally. See con- tents, p. 542; for Forms, see list, pp. 542, 543.
order denying motion made on peti-
tion without prejudice to an ac- tion, or with leave to sue, F. 190, p. 324. order denying original petition without prejudice to an action, or with leave to sue, F. 206, p. 333. notwithstanding stay, F. 232, p. 426.
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