LEAVE TO SUE-Continued.

U. S. court receiver unnecessary,
p. 763.

or defend as a poor person. Forms,
see list, p. 850.

to receiver to sue, p. 1019.
receiver, p. 1020.

to receiver to sue, sell, etc., F. 692,
p. 1039.

to receiver of railroad, F. 702, p.
1057.

to creditor or stockholder to com.
mence action for dissolution of
corporation, F. 726, p. 1084.
in divorce, p. 1329.

neglect to obtain leave to sue as
ground of motion to dismiss, F.
1290, p. 1562.

LEGAL NOTICES, publication of, p.
341.

LEGATEE, leave to sue administra-
tion bond, F. 310, p. 553.

notice of motion for, to intervene,
F. 1205, p. 1502.
LEGITIMACY or illegitimacy of
child, judgment establishing, F.
1914, p. 1969.
LETTER-BOX, service by depositing
in, p. 397, 399.
LETTER-PRESS COPIES, p. 45.
LETTERS, injunction against taking
from post-office, F. 541, p. 922.
injunction against publishing pri-
vate letter, F. 595, p. 945.
LEVY, affidavit to replevy goods un-
der, F. 793, p. 1152.

of execution, and indemnity.
list, p. 2124.

See

LIABILITY LAW, EMPLOYERS',
notice under, p. 525.
LIBEL, order for bill of particulars

in action for, F. 1071, p. 1402.
examination before trial in action
for, F. 1402, p. 1638.
LIEN, notice of object of action and

no personal claim, F. 368, p. 633.
service of summons by publication,
p. 664, n.

lis pendens in action to establish,
p. 879, n., 882; F. 522, p. 893.
motion for seizure of chattel under.
See LIEN, p. 1167.

on chattels, foreclosure of. See con-
tents, p. 1167.

claiming on attached goods, F. 856,
p. 1219.

judgment in action to enforce lien
of attorney after settlement in
violation thereof, F. 1856, p. 1931.

LIEN-Continued.

suspended on appeal; affidavit to
obtain order to mark judgment,
F. 2104, p. 2083.

LIGHTS, injunction as to, F. 568,
p. 936.

LIMITATIONS, avoided by absence
without designating agent, F. 395,
p. 677.

as to party brought in, p. 720.
LIMITED LIABILITY of shipowners,
p. 823.

LIMITED LIABILITY ACT, service
of process under, p. 656, n.
LIS PENDENS. See contents and
list of Forms, p. 879.

as a method of securing possession
of property, p. 876.

effect of replevin, p. 1147.

order cancelling, F. 525, p. 896.
recital of in judgment, F. 1767, p.

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

personal service of summons on,
F. 372, p. 643.

petition to authorize next friend to
sue to annul marriage, F. 992,
p. 1329.

MAIL, service by, p. 397; see also
p. 663.

double time after service by, p. 399.
same; after service of one's ow
pleading by, p. 399, n.
MALICIOUS PROSECUTION, requir
ing stipulations not to sue, p.
1305, n.

examination before trial in action
for, F. 1406, p. 1641.
MANAGER, in U. S. court, sueable
without leave, p. 763.

same; to follow State law, p. 762.
relationship to judge disqualifies in
U. S. court, p. 764.
continuing business, p. 998.
receiver to carry on business, F. 704,
705, 706, p. 1061, etc.

of partnership business, appoint-
ment of, F. 710, p. 1070.
of joint adventure, F. 711, p. 1071.
of mine, F. 712, p. 1072.

ated motion, p. 72.

to compel entry of order, p. 240.
to compel judge to settle case, etc.,
p. 1829, n.

MANDATORY INJUNCTIONS, p. 908.
against refusal to pay over funds,
pursuant to a continuing con-
tract, F. 632, p. 959.
MARRIAGE, petition to authorize
next friend of infant, idiot, or
lunatic to sue to annul, F. 992,
p. 1329.

order allowing next friend to sue to
annul, F. 993, p. 1331.
MARRIED WOMAN, undertaking of.
p. 454.

how named in summons, etc., p. 624.
MARSHAL, proceedings to take prop-

erty from sheriff, F. 471, p. 813.
condition in bond of, F. 40, p. 36.
MECHANICS' LIENS, affidavit

on

SALE, F. 2239, p. 2193.
MERITS, affidavit of, F. 52, p. 169;
F. 1031, p. 1373; F. 1604, 1605,
p. 1784, etc.

MINES, injunction as to, p. 937, n.;
F. 560, p. 934.

order appointing manager of, F.
712, p. 1072.

MINUTES, order on, in open court,
p. 210.

suggestion on, F. 248, p. 447.

of clerk on trial by jury, F. 1631--
1638, p. 1800, etc.

entry as to oath, in referce's, F.
1839, p. 1924.

MISCONDUCT of corporate officers,
remedy for, p. 1027. Judgment, F.
1859, p. 1932.

MISNOMER in summons, p. 623, 744.
amending, p. 717.

by defendant not served, p. 742.
on arrest, p. 1272, n.
MISTAKE in entitling order, p. 215.
in stipulating, p. 440, n.

in recital in undertaking, p. 453.
in citing statute, p. 633, n., 768.
MODIFICATION of interlocutory
judgment, F. 1996, p. 2021.
of verdict, p. 1804, n., p. 1808.

ticulars in action for, F. 1066, p.
1401.

MONEY RECEIVED, arrest for, F.
938, etc., p. 1283, etc.

interpleader in action for, F. 1145,
p. 1466.

MONTH, means calendar month, p.
injunction

See con-

353.
MORTGAGING railroad,
against, F. 626, p. 958.
MOTIONS, general rules.
tents, p. 66-68.
Forms. See list, p. 165.
to declare action abated, p. 1460.
rules as to affidavits, and Forms
thereof, p. 11.

preliminary objections to affidavits
used on, p. 138.

liability to be compelled to make
affidavit for, how affected by as
signment of cause of action, p.
507, n.

for allowance, F. 1682-1685, p. 1833,
etc.

for leave to amend, p. 124.

to amend an order, F. 64, p. 181.
to amend undertaking, or have new
security, F. 260, p. 481, etc.
to amend summons, etc., as to par-
ties. See contents, p. 711.
for leave to heir, executor, etc., to
appeal or to move against final
judgment for error in fact, F.
2084, p. 2071.

to dismiss appeal for neglect to give

new undertaking, F. 2097, p. 2079.
for stay on appeal from an order or

judgment, F. 2101, p. 2081.

to mark judgment "lien suspended
on appeal," F. 2106, p. 2084.
for reargument of appeal, F. 2154,
p. 2114.

for leave to withdraw appearance,
p. 732.

special appearance to oppose, F. 443,
P. 740.

as to arrest. See ARREST.

to vacate arrest. See list, p. 1303,

etc.

to prevent arrest of witness, or ob-
tain discharge when arrested, in
a civil action or proceeding in
violation of privilege, F. 1517,
1518, p. 1707.

as to attachment. See ATTACHMENT.
to vacate attachment. p. 1241.
as to moneys in hands of attorney,
F. 1333, p. 1592.

MOTIONS- Continued.

to strike cause from the calendar,
F. 1606, p. 1785.

to place on short-cause calendar,
F. 1610, p. 1788.

to dismiss appeal, or for judgment,
for failure to serve papers, F. 79,
p. 186.

to cancel notice of pendency, F. 524,
p. 895.

to cancel judgment after debtor's
discharge, F. 2065-2068, p. 2058,
etc.

to compel entry of order, F. 137,
p. 279.

to punish for contempt in putting
in false justification, F. 263, p.

483.

for costs, allowances, taxation, etc.,
see list, p. 1834.

for new trial, costs of, F. 1654, p.

1816.

to declare that order opening de-
fault is waived, F. 130, 131, p.
275, 276.

to open a judgment entered on de-
fault, notice of served on attor-
ney, p. 388.

to open default, inquest, dismissal,
etc., F. 2043, p. 2046.

as to taking deposition without the
State, see list, p. 1658, etc.:
within the State, by consent, p.
1694; conditionally or de bene
esse, p. 1696.

to suppress deposition, F. 1483-
1494, p. 1685, etc.

for discovery. See DISCOVERY.
to dismiss action. See list, p. 1562.
dismissal for default, p. 222.

to dismiss for want of security for
costs, F. 520, p. 874.

as to examination before trial. See
EXAMINATION.

for leave to file and serve excep-
tions, and make case, nunc pro
tunc, F. 1752, p. 1883.
for leave to issue execution for pos-
session of realty after death of
party against whom judgment
was had, F. 2172, p. 2133. And
see EXECUTION.

for leave to issue execution after
lapse of five years, F. 2168, p.
2128.

for extension of time to appear,
p. 738.

to take affidavit off the files for
scandal and impertinence, notice
of. F. 46, p. 62.

MOTIONS—Continued.

for further findings, with extension
of time to make case, F. 1855,
p. 1930.

as to surplus moneys in foreclosure,
F. 1956, etc., p. 1999, etc.
for further directions after judg
ment. See list, p. 2053.
another action pending as ground
of opposing, p. 148.

as to injunction. See INJUNCTION.
for injunction, affidavit by co-plain-
tiffs in support of, F. 534, p. 916.
to vacate an injunction.
See con-

tents, p. 983.

for trial of issues by jury, F. 1730--
1739, p. 1867, etc.

for judgment. See JUDGMENT.
for judgment after special refer-
ence in aid of trial by court, F.
1810, p. 1909.

to settle form of judgment, F. 1811,
P. 1909.

for judgment in divorce, F. 1910-
1925, p. 1966, etc.

to amend or correct judgment. See
list, p. 2034.

to vacate or open judgment. See
list, p. 2042.

to test jurisdiction, p. 738.
for a special jury, F. 1619, p. 1792.
for jury trial, F. 1731, p. 1868.
for leave to sue in various cases.

MOTIONS- Continued.
order that an additional paper
may be read on a motion not yet
heard, F. 123, p. 272.

as to parties and changes therein, p.
1432.

by a successor in office to come in
as a party in place of his prede-
cessor, F. 1190, p. 1488.
for perpetuation of testimony. See
contents and list of Forms, p. 534.
by petitions in the cause, p. 307.
to change place of trial. See list,
p. 1723.

as to the pleadings; extension of

time to file or serve, p. 1371, etc.
same; to compel filing, p. 1377.
as to amended pleadings, p. 1379-

for judgment

on the pleadings.

See list, p. 1425.
for possession when remedy instead
of trial, p. 1142.

to compel production of documents
at a trial, F. 1513-1514, p. 1703.
as to receiver. See RECEIVER.
on pleadings for permanent receiver,
p. 1022.

for receiver of assets of corpora-
tion, notice of, with injunction,
F. 713, p. 1073.

for receiver after judgment, F. 2267,
p. 2211.

to set aside report of referee, F.
1810, p. 1909.

for reference or writ of inquiry, to
ascertain damages caused by in-
junction, F. 671, p. 995.

for reference to try cause, F. 1816-
1830, p. 1914, etc.

MOTIONS- Continued.

to vacate proceedings taken after
notice terminating reference, F.
1844, p. 1926.

order referring. See list, p. 1588.
for rehearing of motion, F. 82, p.
188.

order vacating order made under
misapprehension, and setting down

motion for rehearing, with leave
to put in new affidavits, F. 180,
p. 303.

for removal of causes from one State
to another. See list, p. 1738.
for removal to U. S. courts. See
contents, p. 753, and pages therein
referred to.

renewal and reargument, F. 157,
etc., p. 290, etc.

for leave to renew motion, F. 84,
189.

to re-open cause after submission,
F. 1745, p. 1874.

for resettlement of order, F. 130,
140, p. 280, 281.

for restitution after reversal at
Appellate Division.
See list, p.

to compel separate statement of
causes of action, defenses, etc., p.
1410.

admissions of service. See p. 9.
to determine disputed service of
paper, p. 405.

to set aside summons or service, p.
741.

for set-off of judgment, F. 2064, p.
2057.

to sever action. See SEVERING.
by sheriff for extension of time to
return conflicting executions, etc.,
F. 2217, p. 2172.

stay for purpose of, p. 417.
for stay for non-payment of costs,
F. 233-235, p. 437.

to strike paper from files, F. 46, p.

62.

to compel the substitution of rep-
resentative of deceased adverse
party, F. 2108, p. 2086.

MOTIONS- Continued.

for summary delivery or deposit of
property in litigation, F. 788, p.
1143, etc.

to suppress deposition, F. 1483–1494,
p. 1685, etc.

to vacate order on original petition,
p. 320.

as to waste. See WASTE.
MUNICIPAL CORPORATION, injunc

tion against, forbidding them to
authorize the construction of a
city railroad, F. 542, p. 923.
notice of claim before suit, p. 519;
see list, p. 516.
MUNICIPAL AWARD, interpleader
on, claimed by mortgagee, F. 1149,
p. 1467.
NAME, verification of petition for
change of, p. 489, n.
injunction against infringement, F.
605, p. 949.

injunction against, F. 630, p. 959.
initials of, in summons, p. 624.
reputed name and misnomer in
summons, p. 624.

see, also, MISNOMER.
NATIONAL BANKS, jurisdiction of,
p. 763.

NAVIGATION, injunction as to, F.
572, p. 937.
NECESSARIES,

special

execution

upon judgment for, F. 2197-2199, p.
2162. etc.

NE EXEAT, arrest by way of, F. 947,
948. p. 1296, 1297.

NEGLIGENCE, abatement of action
for, p. 1433.

bill of particulars in action for, F.
1067, p. 1401.

physical examination of party in
action for. See list, p. 1634.
NEGOTIABLE PAPER. See Bills,
Notes, etc.

injunctions concerning, p. 941, etc.
NEWSPAPER, what is, p. 355.
NEW TRIAL, motions for. See list, p.
1799-1800.

what motions for are enumerated,
p. 72.

affidavit impeaching credibility of
an affiant or of an alleged mate-
rial witness, F. 80, p. 187.
taking deposition for, F. 1434, p.

1663.

after interlocutory judgment, F.
1754, p. 1884.

in ejectment. See list, p. 1985.
NEXT FRIEND. personal service of
process on, F. 371, p. 642.

NON-RESIDENT, affidavit for attach-
ment against, F. 828, p. 1187.
NONSUIT or dismissal of complaint
at the trial, F. 1702, p. 1854.
NOTES OF ISSUE for motions, p. 135.
on motion, F. 75, p. 185.

at Appellate Division, F. 76, p. 18.
on demurrer. F. 1597, p. 1776.
for trial of fact, F. 1602, p. 1783.
same; in New York County, F. 1603.
p. 1783.

on appeal, F. 2117, p. 2092.
NOTICE. The practice stated. See
contents, p. 190.

of motion to declare action abated
unless the representatives con-
tinue it, F. 1196, p. 1492.

of motion on behalf of defendant, to
continue action in name of repre-
sentative of deceased plaintiff, F.
1142, p. 1462.

requesting admission of document-
ary evidence, F. 1381, p. 1614.
of motion, or order to show cause,
for alimony, F. 997, p. 1336.
of motion for leave to amend, p.
124.

of motion to amend an order, F. 64,
p. 181.

of amending return, p. 375.
of motion (or order to show cause)

for order amending judgment or
correcting record, F. 2024, p. 2035.
of appeal, F. 2074-2079, p. 2065.
to limit time to appeal, F. 2037, p.
2040.

the same; from an order, F. 134, p.
278.

of deposit in lieu of undertaking on
appeal, F. 2093, p. 2077.

of motion to dismiss appeal for
neglect to give new undertaking,
F. 2097, p. 2079,

same; for stay pending appeal, F
2101, p. 2081.