Page images
PDF
EPUB

ORDER - Continued.

[Volume I ends with page 1169.]

dismissing action for redemption, F.
2022, p. 2033.
directing reference as to counsel fees
or alimony, or both, etc., in di-
vorce, F. 998, p. 1336.

to show cause for alimony, etc., F.
997, p. 1336.

to pay alimony and counsel fee, F.
999, p. 1336.

for sequestration and receiver in di-
vorce proceedings, F. 1004, p. 1339.
to show cause why husband should
not be attached for contempt on
not paying alimony, etc., F. 1006,
p. 1340.

adjudging husband in contempt for
failure to pay alimony, F. 1007, p.
1341.

of arrest in divorce or separation,
F. 1008, p. 1342.

to show cause in divorce why plain-
tiff should not have custody of
children, and meanwhile forbid-
ding their removal, and allowing
plaintiff to see them, F. 1010, p.
1343.

in divorce confiding the custody of
children to mother, F. 1011, p.
1344.

of reference to try issues in divorce,
F. 1901, p. 1959.
for jury trial of issues in divorce,

where previous motion therefor
had been denied, F. 1902, p. 1960.
to show cause against confirming re-
port of referee and for judgment
of divorce, F. 1905, p. 1962.
for judgment of divorce on report
of referee, F. 1906, p. 1962.
granting leave to defendant to ap-
ply for modification of final judg
ment, F. 1926, p. 1973.
allowing defendant in divorce leave

to marry again, F. 1929, p. 1975.
vacating judgment of divorce, and
allowing defendant to defend, F.
2057, p. 2051.

of reference before interlocutory
judgment for dower, F. 1931, p.
1977.

for interlocutory judgment (after
hearing by the court) to admeas-
ure dower, F. 1932, p. 1978.
to show cause to confirm report ad-
measuring dower, F. 1936, p. 1981.
-order thereon, F. 1937, p. 1981.
to show cause for leave to pay
widow a gross sum, F. 1940, p.
1983.

ORDER - Continued.

for final judgment upon sale to pay
dower, F. 1942, p. 1985.

that plaintiff elect between arrest
and attachment, F. 826, p. 1177.
that plaintiff elect between several
actions, F. 1298, p. 1568.

clause in, directing its entry in an-
other county, or nunc pro tunc,
or both, F. 136, p. 279.

(ex parte) for examination of a
party or witness in an expected
action, F. 294, p. 535.
vacating order for examination, F.
297, p. 538.

that party, or officer of corporation-
party, submit to examination be-
fore trial, F. 1409, p. 1642.
that exceptions be heard at Appel-
late Division, F. 1655, p. 1817.
for time to prepare a case or ex-
ceptions, with stay, F. 1660, p.

1821.

opening default in serving case, F.
1661, p. 1822.
settling case

(or exceptions) and
directing it to be filed, F. 1667,
p. 1830.
giving leave to file and serve excep-
tions, and make case, nunc pro
tunc, F. 1753, p. 1883.

granting leave to issue execution
for possession of realty after
death of party against whom
judgment was had, F. 2166, p.
2125.

granting leave to issue execution af-
ter lapse of five years, F. 2170, p.
2129.

directing execution against property
of a judgment-debtor, having died
after judgment, F. 2174, p. 2134.
of surrogate allowing execution
against executor or administrator
as such, F. 2182, p. 2143.
staying sheriff from removing prop-
erty or releasing levy, F. 2216, p.
2171.
granting sheriff extension of time
to return conflicting executions,
etc., F. 2218, p. 2175.

vacating body execution on condi
tion of stipulation not to sue, or
in default thereof, execution to
stand amended nunc pro tunc, F.
2225, p. 2182.
discharging from execution a debtor
who has been discharged from his
debts, F. 2227, p. 2185.

[Volume I ends with page 1169.]

ORDER - Continued.
of surrogate that executor or ad-
ministrator render an intermedi-
ate account (under N. Y. Code
Civ. Pro., § 2273, subd. 1 and 2),
F. 2181, p. 2142.

extending time for service, F. 226,
p. 410.

same: of complaint, F. 1030, p. 1371.
to show cause to enlarge time to
plead, F. 1032, p. 1373.
extending time to plead, etc., F.
1033, p. 1374.

of reference to take proof or amount

due in foreclosure, F. 1586, p. 1769.
to show cause to have reference for
surplus money, F. 1958, p. 2000.
of reference of claims to surplus
moneys, F. 1960, p. 2001.

(final) as to surplus, F. 1963, p.
2003.

"until further order of the court,"

meaning of, p. 419.

on petition for further directions

after judgment, F. 2059, p. 2053.
appointing guardian ad litem for
infant plaintiff, F. 343, p. 592.
same; defendant, F. 486, p. 839.
appointing guardian ad litem for

defendant, unless the defendant
applies within a limited time, F.
490, p. 844.

absolute, appointing guardian ad
litem for infant defendant, F. 492,
p. 845.

confirming service on infant defend-
ant, and reappointing a guardian
ad litem, nunc pro tunc, F. 495,
p. 848.

that irregular judgment against in-
fant defendant stand confirmed,
F. 496, p. 849.

of injunction. See list, p. 898.
to show cause why injunction
should not be continued, F. 538,
p. 918.

denying motion to continue injunc-
tion, and vacating temporary or-
der, F. 550, p. 930.

denying motion for injunction with-

out prejudice, F. 554, p. 932.
dissolving injunction, p. 983.
vacating ex parte an injunction
granted ex parte, F. 664, p. 989.
to show cause why injunction
should not be vacated or modified,
F. 665, p. 989.

ORDER - Continued.
granting or denying motion (on no-
tice or motion to show cause) to
vacate or modify injunction), F.
667-669, p. 991.

of reference, or for writ of inquiry
to ascertain damages caused by
injunction, F. 672, p. 995.

to show cause why receiver should
not be appointed, with injunction
(general Form), F. 677, p. 1028.
to show cause for interpleader, F.
1150, p. 1468.

of interpleader (short Form) al-
lowing answer, F. 1151, p. 1469.
another Form, discharging defend-
ant without determining the mode
of interpleading, F. 1152, p. 1470.
another Form, in foreclosure, F.
1153
p. 1470.

of interpleader, on delivery of spe-
cific property and appointing re-
ceiver, F. 1154, p. 1471.

to show cause why plaintiffs in two
causes should not interplead, F.
1157, p. 1473.

to show cause against settling is-
sues for trial by jury, F. 1731, p.
1868.

refusing to strike from calendar, but

directing that issues be settled for
trial by jury, F. 1733, p. 1869.
settling issues and directing their
trial by jury, F. 1737, p. 1870.
of reference to settle issues, F. 1739,
p. 1871.

that certain issues be tried before
others, F. 1742, p. 1873.
setting aside issues already tried,
and directing a new settlement by
a referee, F. 1787, p. 1897.
of a judge transferring a motion to
another judge, F. 70, p. 183.
to show cause (by court) why
judge's order should not be modi-
fied, F. 168, p. 295.

for judgment for sum admitted by
the answer to be due, F. 1103, p.
1425.

for judgment by the court, on ad-
mitted cause of action, less ad-
mitted counterclaim, F. 1107, p.
1425.

for judgment on a frivolous plead-
ing, F. 1109, p. 1430.

with leave to amend, F. 1110, p.
1430.

for judgment for special relief, F.
1571-1573, p. 1757, etc.

ORDER - Continued.

[Volume I ends with page 1169.]

for final judgment on demurrer, F.
1601, p. 1780.

for judgment after verdict and res-
ervation for further consideration,
F. 1674, p. 1835.

compelling entry of judgment, F.
1675, p. 1835.

for judgment on motion, on trial by
the court, aided by verdict deter-
mining all the issues, F. 1782, p.
1893.

to show cause for order amending
judgment or correcting record, F.
2024, p. 2035.
amending judgment, F. 2025-2033,
p. 2035, etc.

vacating judgment and resettling
findings, F. 2035, p. 2039.
setting aside judgment at the in-
stance of a subsequent bona fide
purchaser or mortgagee, F. 2058,
p. 2051.

setting off judgments, F. 2064, p.

2057.

on bankrupt's or insolvent's motion
for perpetual stay on judgment,
F. 2069, p. 2060.

the same; for cancellation of judg-
ment, F. 2068, p. 2060.

to show cause on complaint in judg-
ment creditor's action to seques-
trate corporate property, F. 718,
719, p. 1078.

for a special or struck jury, F. 1620,
p. 1793.

at a Special Term transferring cause
to be tried before a jury, F. 1607,
p. 1786.

on consent for the trial of issues by
a jury, F. 1624, p. 1794.

to show cause why party should not

have leave to submit additional
affidavit, and thereupon have re-
argument, F. 157, p. 290.
giving plaintiff in attachment leave
to sue in name of sheriff and him-
self, F. 302, p. 545.

of surrogate for action on bond of
executor, administrator, etc., F.
311, p. 555.

that bond or undertaking be deliv
ered up to be sued, F. 305, p. 548.
granting leave to sue on official
bond, F. 307, p. 551.

to show cause why leave should not
be granted to sue for deficiency,
F 315, p. 558.

order thereon, F. 316. p. 559.

ORDER - Continued.

to show cause why leave for defi-
ciency in foreclosure should not
be granted after suit brought
without it, F. 317, p. 559.
order thereon, F. 318, p. 560.
to show cause on petition for leave
to sue on judgment in another
court, F. 322, p. 564.

granting leave to sue on a judgment,
F. 323, p. 565.

giving leave to sue a lunatic, etc.,
F. 325, p. 568.

of surrogate giving infant leave to
bring partition, F. 327, p. 571.
giving leave to prosecute as a poor
person, F. 331, p. 577.

denying leave to prosecute as a
poor person, F. 332, p. 577.
giving receiver or other trustee
leave to sue, F. 336, p. 582.
releasing property from judgment
lien, F. 2107, p. 2085.

to show cause against motion on the
minutes for a new trial, F. 1643,
p. 1805.

order thereon, F. 1645, p. 1807.
granting motion (other than upon
the minutes) for new trial, F.
1654, p. 1816.

granting new trial unless the oppos-
ing party will consent to reduce
his verdict, F. 1646, p. 1808.
denying motion for a new trial, F.
1642, p. 1805.

on exceptions heard at Appellate
Division granting new trial, F.
1657, p. 1819.

for new trial in ejectment, F. 1944,
1987.

directing entry nunc pro tunc, F. 30,
p. 22.

to show cause why previous order
opening default should not be de-
clared to have been waived, F.
130, p. 275.

to show cause to move to open de-
fault, inquest or dismissal, F.
2043, p. 2046.

granting or denying motion to open
default, inquest, dismissal, etc., F.
2044-2056, p. 2047, etc.

granting plaintiff leave to add for-
mal parties (and to amend), F.
1117, p. 1445.

that an unnecessary party be struck
out. F. 1114, p. 1443.

for leave to change a co-plaintiff to

a defendant, F. 1115, p. 1443.

ORDER-Continued.

[Volume I ends with page 1169.]

to bring in a new-born infant, F.
1119, p. 1446.

for leave to serve a supplemental
complaint, bringing in as an addi-
tional defendant a third person
who has assumed defendant's ob-
ligations, F. 1130, p. 1453.
allowing judgment creditor to come
in as co-plaintiff in creditor's ac-
tion, F. 1200, p. 1498.

allowing bondholders to intervene
as co-plaintiffs in trustee's action
for foreclosure, F. 1201, p. 1498.
allowing plaintiff in attachment suit
to join in sheriff's action on as-
sets, F. 1202, p. 1499.

to show cause why legatee should

not come in in an action to con-
strue a will, F. 1205, p. 1501.
-order thereon, F. 1206, p. 1502.
to show cause why creditor should

not be allowed to come in after
expiration of time limited in ac-
tion for dissolution of corpora-
tion or creditor's action, F. 1207,
p. 1502.

to show cause on asking 'eave to
intervene, F. 1211, p. 1506.
giving leave to intervene (general
form), F. 1212, p. 1506.
of reference preliminary to judg
ment for partition, or sale, F.
1967-1974, p. 2006.

confirming report of partition, F.
1989, p. 2018.

in partition to make creditors par-
ties, so as to proceed to sale, F.
1997, p. 2021.

confirming report of distribution in
partition, F. 2019, p. 2031.
for payment of admitted claims, on
security being given for counter-
claim, F. 790, p. 1144.

to show cause why sum admitted
by answer should not be paid, F.
1309, p. 1575.

allowing money to be paid into
court, F. 1312, p. 1578.

to show cause why money in court
should not be paid over, F. 1317,
p. 1580.

for payment of money out of fund
in court, F. 1318, p. 1581.
that a party deliver or pay into
court money or property admitted
to be due (or for judgment on
the admission), p. 1142.

to show cause on original petition,
p. 315; F. 195, p. 327.

ORDER - Continued.

-order thereon, p. 318.
to show cause on a petition in an
action, F. 186, p. 322.

allowing joint petitioners to sever,
F. 198, p. 328.

referring original petition, F. 207, p.
334.

final, or decree on original petition,
F. 212, p. 337.

to show cause why place of trial
should not be changed, with stay
meanwhile, F. 1546, p. 1733.
changing place of trial, F. 1548, p.
1735.

that cause in inferior local court of
record be tried at circuit in an-
other county, F. 1549, p. 1736.
that pleadings, etc., be filed or
deemed abandoned, F. 1041, p.
1377.

striking out amended pleading, F.
1045, p. 1383.

granting leave to amend a pleading,
F. 1047, p. 1385.

striking out amended pleading as
unauthorized, F. 1048, p. 1386.
granting leave to serve a supple-

mental pleading, F. 1055, p. 1392.
to show cause why a party should
not have leave to serve a supple-
mental pleading, F. 1054, p. 1392.
requiring the plaintiff to separately
state and number his causes of
action, F. 1087, p. 1411.

that pleading be made more definite
and certain, F. 1089. p. 1413.
striking out pleading for refusal to
obey an order of court, F. 1090,
p. 1415.

striking out sham answer or de-
fense, F. 1093, p. 1418.
striking out irrelevant, redundant,
or scandalous matter from a
pleading, F. 1095, p. 1420.
striking out scandalous and imper-
tinent matter, F. 169, 170, p. 296,
297; and see p. 62.

requiring election between several
counts setting forth the same
cause of action, F. 1098, p. 1422.
compelling a reply, F. 1101, p. 1424.
giving leave to sue as a poor person,
F. 331, p. 577.

same; denying leave, F. 332, p. 577.
vacating leave to sue as poor per
son, F. 501, p. 853.
postponing trial, F. 1617, p. 1791.
discharging from arrest in violation
of privilege, F. 1518, p. 1708.

[Volume I ends with page 1169.]

ORDER - Continued.
that corporation party under exam-
ination produce books to refresh,
F. 1411, p. 1644.

to produce documents at a trial, F.
1514, p. 1704.

that alternative writ of prohibition
issue, F. 479, p. 829.

to publish summons or notice, p.
358, n.

to show cause why motion should
not be reargued, and why reargu-
ment should not immediately pro-
ceed, with stay meanwhile, F. 154,
P. 288.

to show cause why motion should
not be reargued, or party have
leave to renew, with stay mean-
while, F. 158, p. 291.

to show cause why there should not
be a reargument or renewal, or a
stay pending appeal, F. 159, p.
291.

appointing receiver (general form),
F. 679, p. 1029.

of reference to appoint receiver

(general form), F. 680, p. 1030.
same; to nominate, F. 682, p. 1032.
confirming referee's report, and ap-
pointing receiver accordingly, F.
686, p. 1034.

(ex parte) appointing temporary re-
ceiver of property of absentee who
cannot be personally served, F.
687, p. 1034.

appointing receiver after report,
findings, or verdict, on a trial of
the issues, F. 688, p. 1035.
appointing receivers after appoint-
ment in another jurisdiction of a
receiver claiming adversely, F. 688,
690, p. 1036.

for receiver of specific personal prop-
erty, F. 691, p. 1037.

of reference to appoint a receiver

in a creditor's suit, F. 692, p. 1038.
appointing receiver in a creditor's
action, with usual injunction, F.
693, p. 1040.
appointing receiver without preju-
dice to the rights of prior lienors,
and with optional leave to keep
down charges, r'. 694, p. 1043.
appointing receiver of decedent's es-
tate, F. 695, 696, p. 1043. 1045.
of reference to appoint receiver of
an estate, in case of executors or
administrators, F. 697, p. 1048.

ORDER Continued.

appointing receiver of rents and
profits in foreclosure or other ac-
tion affecting real property, with
injunction against defendant, F.
700, p. 1052.

another form, corporation mortgage,
F. 701, p. 1056.

same; railroad foreclosure, F. 702,
p. 1057.

appointing receiver of partnership
assets (short form), by consent,
F. 704, 1061.

a fuller form, with special powers
and saving clause as to consent,
F. 705, p. 1063.

appointing a partner receiver, with
a reference to appoint some other
person if he fail to qualify, F.
706, p. 1064.

appointing partner receiver- refer-
ring it to a referee to appoint and
superintend assignment, F. 707, p
1065.

the same; made pending a reference
for an accounting, F. 708, p. 1066.
appointing, as receiver of partner-
ship, their assignee for benefit of
creditors, with full directions, F.
709, p. 1067.

authorizing partner to continue
business after assignment, F. 710,
p. 1070.

appointing managing receiver of a
joint business, F. 711, p. 1071.
appointing manager of a mine, F.
712, p. 1072.

to show cause why a receiver should
not be appointed at suit of the
people or a stockholder, officer, or
creditor, for misconduct of direct-
ors, etc., 714, p. 1074.

granting injunction against corpora-
tion, and appointing receiver of
property because of misconduct
of officers (with suspension), F.
715, p. 1074.
appointing receiver in judgment-

creditor's action to sequestrate,
etc. (short form), F. 721, p. 1079.
in people's action, granting injunc
tion against insolvent corporation,
and appointing receiver of all its
property, F. 723, 724, p. 1081.
appointing ancillary receiver of for-
eign corporation, F. 728, p. 1086.
appointing temporary receiver in
voluntary dissolution, F. 729, p.
1087.

« PreviousContinue »