[Volume I erds with page 1169.]
ORDER - Continued. cancelling receiver's bond, F. 732, p. 1093.
of reference to effect transfer of property to receiver, F. 733, p. 1096.
by referee that defendant deliver and conve" to receiver, F. 736, p. 1097.
forbidding any interference by suit
against receiver, etc., except to enforce pre-existing liens, F. 745, p. 1106.
that creditor's exhibit claims to re- ceiver, F. 747, p. 1110.
to show cause why receiver should not sell as an entirety, F. 749, p. 1111.
giving receiver leave to sell, F. 750, p. 1112.
confirming receiver's sale, F. 751, p. 1113.
that purchaser from receiver com- plete his purchase, F. 753, p. 111ǝ sanctioning receiver's employment of counsel, F. 755, p. 1116. granting leave to continue weekly payroll, F. 760, p. 1120. permitting receiver to withdraw sum
for future disbursement, F 761, p 1121
to show cause why receiver should not pay or deliver, etc., with stay meanwhile, F. 764, p. 1122.
on petition or motion that receiver pay, deliver, sell, etc., F. 765, p. 1123.
that receiver in foreclosure pay over surplus to himself as mortgagee, F. 767, p. 1125.
of reference to pass receiver's ac- count, F. 772, p. 1130. confirming referee's report passing
receiver's account, and directing distribution, etc., F. 776, p. 1133. for appointment of a different re- ceiver, F. 778, p. 1136. removing receiver and appointing substitute, F. 780, p. 1137. same; with consent, F. 782, p. 1138. to show cause why receiver should
not be discharged, F. 783, p. 1139. — order thereon, F. 784, p. 1139. that receiver pay over to his succes- sor. F. 786, p. 1141.
of reference of claim against dece- dent, F. 359, p. 619.
referring a question, not arising on the pleadings, to hear and report, F. 1326, p. 1589.
ORDER - Continued.
referring a motion, or a question thereon, F. 1327, p. 1590. special directions thereon, F. 1328– 1348, p. 1591, etc.
on motion to confirm report on spe- cial reference, F. 1359, p. 1601. sustaining exceptions to referee's re- port on special reference, F. 1360, p. 1602.
of reference to determine, or to re- port on specific questions pending trial, F. 1788-1791, p. 1898.
of reference to take and state an account before judgment, F. 1792, etc., p. 1900, etc.
adjourning motion for judgment, and directing reference to settle form of judgment and fix allow- ances, F. 1811, p. 1909.
to show cause against referring cause for trial, F. 1817, p. 1916. referring cause to hear and deter- mine, F. 1824-1829, p. 1919. referring the cause, without motion, F. 1830, p. 1920.
referring cause, by consent, F. 1836. p. 1923.
setting aside referee's report, F. 1854, p. 1930.
to show cause against application for further findings by referee, F. 1855, p. 1930.
correcting recitals, F. 27, p. 21. for stay in local court, to enable
applicant to move Supreme Court for removal of cause, F. 1552, p. 1740.
to show cause, on petition for re- moval of an action from a county court or the New York City Court to the Supreme Court, to change the place of trial, F. 1554, p. 1740. removing cause and changing place of trial, F. 1557, p. 1744. (ex parte) approving bond and di- recting removal of cause from State to United States court, F. 463, p. 807.
to show cause for removal of cause, F. 465, p. 809.
(after notice or order to show cause) removing cause to United States court, F. 466, p. 809.
of removal, for local prejudice, F. 467, p. 809.
directing marshal to take property from the possession of officer of the State court on removal of cause, F. 472, p. 815.
[Volume I ends with page 1169.]
ORDER - Continued. denying motion to remand from United States to State court, and to vacate order directing marshal to take property from possession of officer of State court, F. 473, p. 815.
remanding cause from United States
to State court, F. 474, p. 815. reopening cause after submission to court so as to take further tcsti- mony, F. 1745, p. 1874.
to set aside replevin (claim and de- livery), F. 803, p. 1161.
for possession, when proper, instead of judgment, p. 1142.
that sheriff take and deposit or de- liver when party ordered fails to do so, F. 791, p. 1145.
for receiver unless defendant deliv- ers or deposits property pursuant to order therefor, F. 792, p. 1145. to show cause why order should not be resettled generally, F. 141, p. 282.
for restitution (with award of exe- cution), F. 2149, p. 2112. directing retroactive effect, F. 30. p. 22.
confirming judicial sale, F. 2250, p. |
directing opening of judicial sale, F. 2253-2255, p. 2201.
discharging purchaser, F. 2258, p.
denying purchaser's motion to be discharged, F. 2259, p. 2205. directing resale on purchaser's de- fault, and directing payment of deficiency, etc., F. 2260, p. 2206. fixing amount of deficiency for which original purchaser is liable, F. 2261, p. 2207.
compelling purchaser to complete, F. 2263, p. 2208.
to show cause why security for costs should not be given, F. 513, p. 869.
that plaintiff file security for costs, F. 514, p. 869.
dismissing action for failure to file security or to pay costs, F. 521, p. 874.
for substituted service, F. 388, p. 659.
same; where defendant's residence is unknown, F. 389, p. 660. for service by publication, etc., in action affecting specific property, F. 414, p. 695.
same; against non-resident or for- eign corporation, F. 413, p. 692. same; in divorce, F. 415, p. 696. same; against unknown defendant, F. 416, p. 697.
same; against one whose residence cannot be ascertained, F. 417, p. 697.
same; against a resident who has departed or conceals himself, F. 418, p. 697.
same; against an adult resident ab- sent from the United States, F. 419, p. 698.
same; to save case from Statute of Limitations, F. 420, p. 698.
for service on convict in prison
without the State, F. 421, p. 699. to show cause why order of publi- cation should not be set aside, F. 447; p. 746.
the same; order vacating, F. 448, P. 747.
on motion to set aside summons where appearance was special, F. 452, p. 750.
for severance of action on death of party, F. 1195, p. 1491.
same; where issue of law and issue of fact arise upon different causes of action, F. 1049, p. 1338. severing ejectment against distinct occupants, F. 1050, p. 1388. severing action against defendants severally liable after judgment against part, F. 1051, p. 1389. that sheriff convey property, etc., F. 2266, p. 2210.
to show cause explained, p. 126. to show cause (general form), F. 60, p. 179; F. 818, p. 1173.
as short notice of motion, p. 127. allowing further papers to be served meanwhile, F. 61, p. 180.
of judge staying proceedings pending motion, F. 229, p. 424. another; shorter form, F. 230, p. 425.
of court or judge staying proceed- ings specifically, F. 231, p. 425. staying proceedings until payment of costs, F. 235, p. 428. staying proceedings in the cause un- til determination of another cause, F. 1364, p. 1606.
for substitution of attorneys, F. 1216-1224, p. 1510, etc. substituting public officer's succes- sor, F. 1134, p. 1456.
[Volume I ends with page 1169.]
ORDER - Continued. granting plaintiff leave to continue action against successors in inter- est of a defendant, F. 1129, p. 1452.
to show cause why applicant should not be substituted for a party al- ready named in the record, F. 1171, p. 1480.
-order thereon, F. 1172, p. 1481. for substituting infant heir and guardian ad litem to prosecute appeal after sole plaintiff's death, F. 1185, p. 1484.
to show cause why successor in ad- ministration of trust shall not continue action brought by his predecessor, F. 1188, p. 1487.
order thereon, F. 1189, p. 1487. to show cause why indemnitors should not be substituted as de- fendants in place of sheriff, F. 1193, p. 1490.
-order thereon, F. 1194, p. 1490. giving leave to issue supplemental summons, with leave also to amend summons and complaint, F. 435, p. 727.
for survey, F. 1386, p. 1617. to show cause why time to appear and plead should not be extended until after determination of ap- peal involving jurisdictional ques- tion, F. 440, p. 738.
extending time to appear and plead, pending appeal as to jurisdiction, F. 441, p. 739.
that new undertaking be filed, F. 262, p. 483.
to show cause why order should not be vacated, F. 173, 174, p. 298, 299. same; for neglect to file papers, F. 177, p. 301.
to stay waste, p. 908; F. 653, p. 971. to restrain waste, affidavit to ob- tain, F. 652, p. 969.
to show cause why defendant may not withdraw appearance, F. 444, p. 740.
granting leave at trial to withdraw a juror, etc., F. 1628, p. 1797. ORIGINAL PETITIONS, p. 312; F. 191, p. 325.
PAPERS ON APPEAL, order of print- ing, p. 1833. See CASE. PARENT, proceedings for service by publication, etc., F. 412, p. 690. PARTICULARS, BILL OF. See list, p. 1394.
PARTIES, leave to amend as to, at trial, F. 1629, p. 1798. amending, etc., in respect to parties, p. 716. amending summons by aropping name of, F. 247, p. 447.
in action on bond, p. 28, 29. plaintiff's proceedings as to changes, abatement, revival, etc., bringing in, etc. See list, p. 1440. defendant's proceedings in similar cases. See list, p. 1458, 1459. stipulation consenting to change of, F. 430, p. 722.
practice in reference to changes. See list, p. 1432.
recitals of changes in judgment, F. 1704, 1705, p. 1856.
same; F. 1763-1766, p. 1888. creditor allowed to intervene and ob- ject to excessive allowances, F. 2034, p. 2038.
examination to ascertain unknown or additional defendants, p. 704. joining and severing in petitions, p.
affected by lis pendens, p. 884. order in partition to make credit- ors so as to proceed to sale, F. 1997, p. 2021.
severance of actions, p. 1387. service by, p. 636.
application of stranger to come in. See contents, p. 1475, 1492. substitution of on appeal.
See list, p. 2063. Practice stated, see p. 2085.
initials of names in summons, p. 624.
application of third person to inter-
vene. See list, p. 1475, 1492. in actions on undertakings, p. 456. PARTITION, proceedings peculiar to. See list, p. 2004.
petition of infant or guardian for
leave to bring, F. 326, p. 568. same; of infant, F. 346, p. 595. leave for infant to bring, p. 568. order of surrogate giving infant
leave to bring, F. 327, p. 571. personal service of summons on in- fant, etc., F. 371, p. 642. same; on insane, F. 372, p. 643. proceedings for service by publica-
tion, F. 406, p. 685.
notice to annex to published sum- p. 699.
mons, F. 422, service of infant resident, but ab- sent, F. 494-496, p. 847, etc.
[Volume I ends with page 1169.]
PARTITION - Continued. notice of object of action and no personal claim, F. 368, p. 633. order directing issues to be tried by jury, F. 1738, p. 1871.
order appointing guardian ad litem
for infant plaintiff, F. 343, p. 592. bond of guardian ad litem for infant plaintiff, F. 347, p. 596.
guardian ad litem for defendant, p. 833.
bringing in parties after death, p. 1434.
amending by adding new defendant, F. 434, p. 726.
lis pendens in, p. 883; F. 522, p. 893. order appointing receiver of rents and profits in foreclosure, with injunction against defendant, F. 700, p. 1052. proceedings for survey, F. 1384, etc., p. 1616.
trial and judgment. See list, p.
publication of notice of application for moneys in court, p. 351, n. publication of notice to creditors and parties in interest, p. 351, n. citation in surrogate's court after death and before distribution, p. 352, n.
PARTNER, to continue business, or- der authorizing, F. 710, p. 1070. when liable for partner's fraud, p. 1273.
PARTNERSHIP, acknowledgment by, F. 3, p. 4.
naming in action, p. 626. injunction against disposing of as- sets, F. 613, p. 953.
another Form; where dissolution is not sought, F. 614, p. 954. causes, receiver in. See contents, p. 1026.
assets, orders appointing receiver, F. 704, 705, p. 1061, 1063.
order appointing partner receiver, F. 710, p. 1070.
order appointing as receiver of firm assets their assignee for benefit of creditors, F. 709, p. 1067. assets, assignment (general) to re- ceiver of, F. 737, p. 1098. discharge of attachment on firm property, F. 918, etc., p. 1261. survival of action for dissolution, p. 1433.
cause, order for accounting before judgment, F. 1792-1813, p. 1900, etc.
examination of, before action, p. 534.
same; to enable to plead, p. 1346. same; before trial, p. 1632. PATENTS, injunction against assign- ing, F. 588, p. 942.
injunction against utilizing, F. 596, P. 945.
PAUPER, leave to sue as, p. 572. infant suing as, p. 588. PAYMENT of fees for filing papers, p. 56.
injunction against, F. 610, p. 952. and delivery of specific assets, peti- tion by receiver to compel, F. 740, p. 1101. PAYMENT INTO COURT, Forms, see list, p. 1577.
petition for leave to intervene and contest application for the fund, F. 199, p. 329.
publication of notice of application for fund in partition, p. 351, n. citation in Surrogate's Court after death and before distribution, p. 352, n.
authority of attorney as to fund in court, p. 390.
bond of guardian ad litem on receiv- ing fund, F. 493, p. 846.
in lieu of undertaking for costs, notice of, F. 516, p. 872. notice of motion for leave to make in interpleader, F. 536, p. 917. undertaking for injunction in lieu of, F. 659, p. 979.
undertaking on the part of creditor enjoined to obtain money paid in, F. 670, p. 994.
making receiver pay out, F. 756- 758, 764, etc., p. 1116, etc. by sheriff, proceeds of attachment, order for, F. 893, p. 1240. affidavit to obtain order discharg- ing defendant on, F. 1144, p. 1463. judgment awarding the fund, F. 1724, p. 1862.
[Volume I ends with page 1169.]
PENAL ACTION, judgment in qui| tam, F. 1876, p. 1945. PENALTY, indorsement on copy sum- mons for penalty served without complaint, F. 367, p. 633. PERJURY, order impounding papers for basis of prosecution, F. 122, p. 271.
PERPETUATION OF TESTIMONY.
See contents and list of Forms, p. 534.
regarding real estate, p. 535. PERSONAL LIABILITY, of receiver, p. 584, n.
PERSONAL PROPERTY.
action to reach specific chattels, re- ceiver in, p. 1037. PERSONAL SERVICE and proof
thereof. See contents and list of Forms, p. 635.
of notice, p. 191. PERSONS not parties may move, p. 73.
same; may be moved against, p. 74. PETITIONS. The practice stated. See contents, p. 306. Forms. See list, p. 320.
for discovery and inspection of doc- uments, to enable plaintiff to plead, F. 1012, p. 1351.
for discovery and inspection, or that cause be shown, F. 1387, p. 1623.
to modify divorce by giving leave to marry again, F. 1928. p. 1974. to revoke final judgment of separa- tion, F. 1930, p. 1976.
to surrogate's court for execution against property of a judgment- debtor having died since judgment F. 2175, p. 2135.
for further directions after judg ment, p. 2053.
of infant (of fourteen or over de- siring to sue for appointment of guardian ad litem for himself, F. 340, p 590.
by general guardian, or relative, or friend, for appointment of guar- dian ad litem, F. 344, p. 593. for guardian ad litem by infant de- siring to bring partition, F. 346, p. 595.
of infant or guardian for leave to bring partition. F. 326, p. 568. for guardian ad litem by infant de- fendant, or by general guardian, relative or friend, F. 482, p. 836. of relative of defendant of unsound
PETITIONS — Continued.
mind for appointment or guardian ad litem, F. 487, p. 840. by or on behalf of plaintiff for ap- pointment of a guardian ad litem for an infant defendant, F. 488, p. 841. another Form; for appointment of a guardian ad litem for himself, F. fendant resident and absent, F. 489, p. 842.
for leave to sue on bond given to . the people or a public officer, F. 306, p. 548.
on undertaking given to discharge mechanic's lien, F. 308, p. 552. to the surrogate for leave to sue
on executor's bond, F. 310, p. 553. for leave to sue for deficiency one
who was not a party to the fore- closure, F. 314, p. 557.
for leave to sue on judgment recov ered in another court, F. 321, p. 563.
for leave to sue a lunatic, F. 324, p. 567.
by attorney-general for leave to sue to annul a charter, F. 353, p. 578. by a receiver or other trustee for leave to sue, F. 335, p. 580.
of committee of lunatic, etc., for leave to sue, F. 337, p. 583. for leave to sue a receiver or other trustee, F. 338, p. 584.
of stockholder or creditor for leave to sue insolvent corporation for dissolution, F. 725, p. 1083.
to authorize next friend of infant.
idiot, or lunatic to sue to annul marriage, F. 992, p. 1329.
by receiver for leave to be substi- tuted for a party in an action which was pending when he was appointed, F. 1186, p. 1485. by husband, after marriage of female plaintiff, to have action continued in joint names, F. 1197, p. 1493.
by prior purchasers to be brought in as co-defendants in foreclosure, F. 1203, p. 1499.
of bondholder to come in as defend- ant in foreclosure by trustee, on allegations of collusion, F. 1210. p. 1505.
for leave to prosecute as a poor per- son, F. 499, p. 851.
for leave to continue suit as poor person after suit brought without leave, F. 498, p. 850.
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