[Volume I ends with page 1169.]
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.
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.
[Volume I ends with page 1169.]
MANDAMUS, when heard as enumer- MONEY PAID, order for bill of par-
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
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
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,
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.
[Volume I ends with page 1169.]
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.
for costs, allowances, taxation, etc., see list, p. 1834.
for new trial, costs of, F. 1654, p.
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-
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.
[Volume I ends with page 1169.]
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-
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.
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.
to compel the substitution of rep- resentative of deceased adverse party, F. 2108, p. 2086.
[Volume I ends with page 1169.]
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,
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.
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.
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