Page images

p. 677.

[Volume I ends with page 1169.)
LEAVE TO SUE - Continued.

LIEN - Continued.
U. S. court receiver unnecessary, suspended on appeal; affidavit to
p. 763.

obtain order to mark jadyment,
or defend as a poor person. Forms, F. 2104, p. 2083.
see list, p. 850.

LIGHTS, injunction as to, F. 568.
to receiver to sue, p. 1019.

p. 936.
receiver, p. 1020.

LIMITATIONS, avoided by absero
to receiver to sue, sell, etc., F. 692, without designating agent, F. 35.

p. 1039.
to receiver of railroad, F. 702, p.

as to party brought in, p. 720.

LIMITED LIABILITY of shipowners,
to creditor or stockholder to com-

p. 823.
mence action for dissolution of LIMITED LIABILITY ACT, service
corporation, F. 726, p. 1084.

of process under, p. 656, D.
in divorce, p. 1329.

LIS PENDENS. See contents and
neglect to obtain leave to sue as list of Forms, p. 879.
ground of motion to dismiss, F.

as a method of securing possession
1290, p. 1562.

of property, p. 876.
LEGAL NOTICES, publication of, p.

effect of replevin, p. 1147.

order cancelling, F. 525, p. 896.
LEGATEE, leave to sue administra recital of in judgment, F. 1767. p.
tion bond, F. 310, p. 553.

notice of motion for, to intervene, LUNACY. discharging from arret,
F. 1205, p. 1502.

F. 965, p. 1314.
LEGITIMACY or illegitimacy of

LUNATIC, verification of petition for
child, judgment establishing, F. appointment of committee, P.
1914, p. 1969.

492, n.
LETTER-BOX, service by depositing í leave for actions by or against,
in, p. 397, 399.


petition of committee of lunatie,
LETTERS, injunction against taking

etc., for leave to sue, F. 337, P-
from post-office, F. 541, p. 922.

injunction against publishing pri-

personal service of summons on,
vate letter, F. 595, p. 945.

F. 372, p. 643.
LEVY, affidavit to replevy goods un. petition to authorize next friend to
der, F. 793, p. 1152.

sue to annul marriage, F. 992,
of execution, and indemnity. See

p. 1329.
list, p. 2124.

MAIL, service by, p. 397; see also

p. 663.
notice under, p. 525.

double time after service by, p. 399.
LIBEL, order for bill of particulars same; after service of one's ow?

in action for, F. 1071, p. 1402. pleading by, p. 399, n.
examination before trial in action MALICIOUS PROSECUTION, requir-
for, F. 1402, p. 1638.

ing stipulations not to sue, p.
LIEN, notice of object of action and 1305, n.

no personal claim, F. 368, p. 633. examination before trial in action
service of summons by publication, for, F. 1406, p. 1641.
p. 664, n.

MANAGER, in U. S. court, sueable
lis pendens in action to establish, without leave, p. 763.

p. 879, n., 882; F. 522, p. 893. same; to follow State law, p. 769.
motion for seizure of chattel under. relationship to judge disqualifies in
See LIEN, p. 1167.

U. S. court, p. 764.
on chattels, foreclosure of. See con continuing business, p. 998.
tents, p. 1167.

receiver to carry on business, F. 701,
claiming on attached goods, F. 856, 705, 706, p. 1061, etc.
p. 1219.

of partnership business, appoint-
judgment in action to enforce lien ment of, F. 710, p. 1070.

of attorney after settlement in of joint adventure, F. 711, p. 1071.
violation thereof, F. 1856, p. 1931.) of mine, F. 712, p. 1072.


(Volume I ends with page 1169.)
MANDAMUS, when heard as enumer- 1 MONEY PAID, order for bill of par-
ated motion, p. 72.

ticulars in action for, F. 1066, p.
to compel entry of order, p. 240.
to compel judge to settle case, etc., MONEY RECEIVED, arrest for, F.
p. 1829, n.

938, etc., p. 1283, etc.
MANDATORY INJUNCTIONS, p. 908. interpleader in action for, F. 1145,
against refusal to pay over funds,

over funds, p. 1466.
pursuant to a continuing con- MONTH, means calendar month, p.
tract, F. 632, p. 959.

MARRIAGE, petition to authorize! MORTGAGING railroad, injunction

next friend of infant, idiot, or against, F. 626, p. 958,
lunatic to sue to annul, F. 992, MOTIONS, general rules. See con-
p. 1329.

tents, p. 66-68.
order allowing next friend to sue to Forms. See list, p. 165.
annul, F. 993, p. 1331.

to declare action abated, p. 1460.
MARRIED WOMAX, undertaking of. rules as to affidavits, and Forms
p. 451.

thereof, p. 11.
how named in summons, etc., p. 624. preliminary objections to affidavity
MARSHAL, proceedings to take prop used on, p. 138.

erty from sheriff, F. 471, p. 813. liability to be compelled to make
condition in bond of, F. 40, p. 36. affidavit for, how affected by as.
MECHANICS' LIENS, atlidavit on signment of cause of action, p.

motion to consolidate actions on, 507, n.
F. 1232, p. 1521.

for allowance, F. 1682–1685, p. 1833,
offer of judgment in, F. 1300, p. etc.

for leave to amend, p. 124.
MEMBER OF CONGRESS, privilege to amend an order, F. 64, p. 181.

from service of summons, p. to amend undertaking, or have new
7 13, n.

security, F. 260, p. 481, etc.
MEMORANDUM OF JUDICIAL to amend summons, etc., as to par-
SALE, F. 2239, p. 2193.

ties. See contents, p. 711.
MERITS, affidavit of, F. 52, p. 169; for leave to heir, executor, etc., to

F. 1031, p. 1373; F. 1604, 1605, appeal or to move against final
p. 1784, etc.

judgment for error in fact, F.
MINES, injunction as to, p. 937, n.; ||

2084, p. 2071.
F. 560, p. 934.

to dismiss appeal for neglect to give
order appointing manager of, F. | new undertaking, F. 2097, p. 2079.
712, p. 1072.

for stay on appeal from an order or
MINUTES, order on, in open court, judgment, F. 2101, p. 2081.
p. 210.

to mark judgment “lien suspended
suggestion on, F. 248, p. 417.

on appeal,” F. 2106, p. 2084.
of clerk on trial by jury, F. 1631 for reargument of appeal, F. 2154,
1638, p. 1800, etc.

p. 2114.
entry as to oath, in referee's, F. for leave to withdraw appearance,
1839, p. 1924.

p. 732.
MISCONDUCT of corporate officers, special appearance to oppose, F. 443,

remedy for, p. 1027. Judgment, F. p. 740.
1859, p. 1932.

as to arrest. See ARREST.
MISNOMER in summons, p. 623, 744. to vacate arrest. See list, p. 1303,
amending, p. 717.

by defendant not served, p. 742. to prevent arrest of witness, or ob-
on arrest, p. 1272, n.

tain discharge when arrested, in
MISTAKE in entitling order, p. 215. a civil action or proceeding in
in stipulating, p. 440, n.

violation of privilege, F. 1517,
in recital in undertaking, p. 453.

1518, p. 1707.
in citing statute, p. 633, n., 768. as to attachment. See ATTACHMENT.
MODIFICATION of interlocutory to vacate attachment, p. 1241.
judgment, F. 1996, p. 2021.

as to moneys in hands of attorney,
of verdict, p. 1804, n., p. 1908.

F. 1333, p. 1592.

p. 1930.

(Volume I ends with page 1169.)
MOTIONS - Continued.

MOTIONS - Continued.
to strike cause from the calendar, for further findings, with extension
F. 1606, p. 1785.

of time to make case, F. 1855,
to pace on short-cause calendar,
F. 1610, p. 1788.

as to surplus moneys in foreclosure,
to dismiss appeal, or for judgment, F. 1956, etc., p. 1999, etc.

for failure to serve papers, F. 79, for further directions after judg.
p. 186.

ment. See list, p. 2053.
to cancel notice of pendency, F. 524,

another action pending as ground
p. 895.

of opposing, p. 148.
to cancel judgment after debtor's

as to injunction. See INJUNCTIOX.
discharge, F. 2005-2068, p. 2058,

for injunction, affidavit by co-plais-
to compel entry of order, F. 137,

tiffs in support of, F. 534, p. 916.

to vacate an injunction. See con-
p. 270.
to punish for contempt in putting

tents, p. 983.
in false justification, F. 263, p.

for trial of issues by jury, F. 1730-

1739, p. 1867, ete.
for costs, allowances, taxation, etc.,

for judgment. See JUDGMENT.
see list, p. 1834.

for judgment after special refer.
for new trial, costs of, F. 1654, p.

ence in aid of trial by court, f.

1810, p. 1909.
to declare that order opening de.

to settle form of judgment, F. 1811,
fault is waived, F. 130, 131, p. p. 1909.
275, 276.

for judgment in divorce, F. 1910-
to open a judgment entered on de. 1925, p. 1966, etc.

fault, notice of served on attor to amend or correct judgment. Sed
ney, p. 388.

list, p. 2034.
to open default, inquest, dismissa!, to vacate or open judgment. See
etc., F. 2043, p. 2046.

list, p. 2042.
as to taking deposition without the to test jurisdiction, p. 738.

State, see list, p. 1658, etc.; for a special jury, F. 1619, p. 1792.
within the State, by consent, p. for jury trial, F. 1731, p. 1868.
1694; conditionally or de bene for leave to sue in various cases.
esse, p. 1696.

See list, p. 542.
to suppress deposition, F. 1483-

for leave to prosecute as a poor
1494, p. 1685, etc.

person, p. 572, etc.
for discovery. See DISCOVERY.

when remedy for misnomer, p. 629.
to dismiss action. See list, p. 1562.

the remedy for misnomer instead of
dismissal for default, p. 222.

plea, p. 744.
to dismiss for want of security for

for a new trial, notice of, served on
costs, F. 520, p. 874.

attorney, p. 388.
as to examination before trial. See

after trial by jury. See list, p.

for leave to file and serve excep-
tions, and make case, nunc pro

on the minutes, F. 1643, 1644, p.
tunc, F. 1752, p. 1883.

1805, etc.
for leave to issue execution for pos.

by ordering exceptions to Appellate
session of realty after death of

Division, p. 1817, n.
party against whom judgment at Appellate Division after inter-
was had, F. 2172, p. 2133. And

locutory judgment, F. 1754, p.

for leave to issue execution after on case, and counter motion for
lapse of five years, F. 2168, p.

judgment, F. 1785, p. 1896.

in ejectment, F. 1943-1944, p. 1986.
for extension of time to appear, notice to limit time to more for re-
p. 738.

lief from a judgment, F. 2036,
to take affidavit off the files for p. 2040.

scandal and impertinence, notice to open judgment on service by pub-
of. F. 46, p. 62.

lication, F. 445, p. 745.


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

| MOTIONS — Continued.
- order that an additional paper to vacate proceedings taken after

may be read on a motion not vet notice terminating reference, F.
heard, F. 123, p. 272.

1844, p. 1926.
as to parties and changes therein, p. order referring. See list, p. 1588.

for rehearing of motion, F. 82, p.
by a successor in office to come in 188.

as a party in place of his prede order vacating order made under
cessor, F. 1190, p. 1488.

misapprehension, and setting down
for perpetuation of testimony. See motion for rehearing, with leare

contents and list of Forms, p. 534. to put in new affidavits, F. 180,
by petitions in the cause, p. 307.

p. 303.
to change place of trial. See list, for removal of causes from one State
p. 1723.

to another. See list, p. 1738.
as to the pleadings; extension of for removal to U. S. courts. See

time to file or serve, p. 1371, etc. contents, p. 753, and pages therein
same; to compel filing, p. 1377.

referred to.
as to amended pleadings, p. 1379 renewal and reargument, F. 157,

etc., p. 290, etc.
same; on a change of parties, p. for leave to renew motion, F. 84, r.
1445, etc., 1448, 1507.

as to supplemental pleadings, p. to re-open cause after submission,

F. 1745, p. 1874.
as to supplemental pleadings on a for resettlement of order, F. 130,

change of parties, p. 1445, etc.; 140, p. 280, 281,
1453, etc.

for restitution after reversal at
same; to compel election between Appellate Division. See list, p.
causes of action, p. 1421.

same; to compel reply, p. 1423. to stay sale, F. 2230, p. 2188.
samę; to compel separate statement, to open judicial sale, F. 2251, p.
p. 1410.

for judgment on a frivolous pleacl on the part of purchaser to be dis-
ing, F. 1108, p. 1429.

charged, F. 2257, p. 2203.
to make pleading more definite and to compel purchaser to complete his
certain, p. 1412.

purchase, F. 2262, p. 2207.
to strike out a pleading or matter for security for costs. See list, p.

therefrom, Forms, see list, p. 855, etc.

to compel separate statement of
for judgment on the pleadings. causes of action, defenses, etc., p.
See list, p. 1425.

for possession when remedy instearl admissions of service. See p. 9.
of trial, p. 1142.

to determine disputed service of
to compel production of documents

paper, p. 405.
at a trial, F. 1513-1514, p. 1703. to set aside summons or service, p.
as to receiver. See RECEIVER.

on pleadings for permanent receiver, for set-off of judgment, F. 2064, p.
p. 1022.

for receiver of assets of corpora to sever action. See SEVERING.
tion, notice of, with injunction,

by sheriff for extension of time to
F. 713, p. 1073.

return conflicting executions, etc.,
for receiver after judgment, F. 2267, F. 2217, p. 2172.
p. 2211.

stay for purpose of, p. 417.
to set aside report of referee, F. for stav for non-payment of costs,
1810, p. 1909.

F. 233-235, p. 437.
for reference or writ of inquiry, 10 |

to strike paper from files, F. 46, p.
ascertain damages caused by in 62.
junction, F. 671, p. 995.

to compel the substitution of rep.
for reference to try cause, F. 1816-- resentative of deceased adverse
1830, p. 1914, etc.

party, F. 2108, p. 2086.

(Volume I ends with page 1169.)
MOTIONS - Continued.

NEXT FRIEND - Continued.
for summary delivery or deposit of order for service of process by sub-

property in litigation, F. 788, p. stitution, F. 413, p. 692.
1143, etc.

of infant, etc., petition to authorize
to suppress deposition, F. 1483–1494, to sue to annul inarriage, F. 992,
p. 1685, etc.

p. 1329.
to vacate order on original petition, order allowing to sue to annul mar.
p. 320.

riage, F. 993, p. 1331.
as to waste. See WASTE.

NEXT OF KIX, leave to sue admins.
MUNICIPAL CORPORATIOX, injunco tration bond, F. 311, p. 5.55.

tion against, forbidding them to NOISY BELLS, injunction against, F.
authorize the construction of a 567, p. 936.

city railroad, F. 512, p. 923. NON-ENUMERATED MOTIONS,
notice of claim before suit, p. 519;69–72.
see list, p. 516.

NON-RESIDENT, affidavit for attach.
MUNICIPAL AWARD, interpleader ment against, F. 828, p. 1187.
on, claimed by mortgagee, F. 1149, NOXSTIT or dismissal of complaint
p. 407.

at the trial, F. 1702, p. 1851.
NAJE, verification of petition for NOTES OF ISSUE for motions, p. 135,
change of, p. 489, n.

on motion. F. 75, p. 185.
injunction against infringement, F. at Appeliate Division, F. 76, p. 18.
605, p. 949.

on demurrer. F. 1597. p. 1776.
injunction against, F. 630, p. 959. for trial of fact, F. 1602, p. 1783.
initials of, in sunions, p. 624. same; in New York County, F. 1603.
reputed name and misnomer in

p. 1753.
summons, p. 624.

on appeal, F. 2117, p. 2092.
see, also, MISXOMER.

NOTICE. The practice stated. See
NATIONAL BANKS, jurisdiction of,

contents, p. 190.
p. 763.

of motion to declare action abated
NAVIGATION, injunction as to, F. unless the representatives con-
572, p. 937.

tinue it, F. 1196, p. 1492.
NECESSARIES, special execution

of motion on behalf of defendant, to
upon judgment for, F. 2197-2199, p.

continue action in name of repre-
2162. etc.

sentative of deceased plaintifi, r.
NE EXEAT, arrest by way of, F. 947,

1142, p. 1462.
948, p. 1296, 1297.

requesting admission of document-
NEGLIGENCE, abatement of action

ary evidence, F. 1381, p. 614.
for, p. 1433.

of motion, or order to show cause,
bill of particulars in action for, F.

for alimony, F. 997, p. 1336.
1067, p. 1401.

of motion for leave to amend, p.
physical examination of party in

action for. See list, p. 1634.

of motion to amend an order, F. 64,

p. 181.
Notes, etc.
injunctions concerning, p. 941, etc.

of amending return, p. 375.
NEWSPAPER, what is, p. 355.

of motion (or order to show cause)
NEW TRIAL, motions for. See list, p.

for order amending judginent or

correcting record, F. 2024, p. 2035.
what motions for are enumerated,

of appeal, F. 2074–2079, p. 2065.
p. 72.

to limit time to appeal, F. 2037, p.
affidavit impeaching credibility of

an affiant or of an alleged mate.

the same; from an order, F. 134, p.
rial witness, F. 80, p. 187.

taking deposition for, F. 1434, p of deposit in lieu of undertaking on

appeal, F. 2093, p. 2077.
after interlocutory judgment, F. of motion to dismiss appeal for
1754, p. 1884.

neglect to give new undertaking,
in ejectment. See list, p. 1985.

F. 2097, p. 2079.
NEXT FRIEND, personal service of same; for star pending appeal, P
process on, F. 371, p. 642.

2101, p. 2081.

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