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[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. |

2199.

directing opening of judicial sale, F.
2253-2255, p. 2201.

discharging purchaser, F. 2258, p.

2204.

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.

ORDER Continued.

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.

316.

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.

2004.

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.

[blocks in formation]

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.

CHATTELS.

See, also,

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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