[Volume I ends with page 1169.]
Continued. for leave to defend as a poor per- son, F. 499, p. 81.
to cancel receiver's bond, F. 731, p. 1092.
by receiver to compel the payment and delivery of specific assets, F. 740, p. 1101.
by receiver for leave to sell assets, F. 748, p. 1110.
by corporate receiver to discover concealed assets, F. 742, p. 1103. of receiver to compel purchaser to complete, F. 752, p. 1114.
of receiver for authority to pay counsel fees, etc., F. 754, p. 1115. by receiver for leave to pay claims, etc., F. 756, p. 1116.
that receiver be instructed to pay over a deposit or other fund be longing to the petitioner, F. 758, p. 1118.
that receiver be instructed to pay for services, goods sold, etc., rent, etc., F. 759, p. 1119.
that receiver surrender possession, pay, etc., or that petitioner have leave to be examined interesse suo (old practice), F. 762, p. 1121. another form; by asking reference (under Code practice), F. 763, p. 1122.
of receiver to be allowed to account and be discharged, F. 768, p. 1126. to discharge receivership as to spec- ific property, F. 785, p. 1140. for removal of cause, p. 767. for removal 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.
same; where petition is by the at- torney, F. 1555, p. 1743.
to Supreme Court to remove cause from county court for disqualifi cation, etc., of judge, F. 1559, p. 1746.
to remove cause from State to United States court on account. of a federal question, F. 454, p. 798. same; for mere difference of citizen- ship (short form), F. 455, p. 799. another Form (more appropriate); where an order is asked in the State court, F. 456, p. 800. to remove cause from State to United States court because of prejudice or local influence (short) form), F. 458, p. 803.
for order directing marshal to take property from the possession of officer of the State court on re- moval of cause, F. 471, p. 813. for removal of cause against person denied civil rights from a State to a United States court, F. 475, p. 817.
to remove cause from State to United States court in action against officer acting under rev- enue law, F. 476, p. 820.
to revoke decree of separation, F. 1930, p. 1976.
to appoint trustees of prisoner's
property, verification of, p. 489, n. PHYSICAL EXAMINATION of plain- tiff, F. 1427-1429, p. 1651, etc. PLACE OF TRIAL, change of. See list of Forms, p. 1723. see also REMOVAL.
motion to remove cause and change. See list, p. 1738.
by referee, F. 1826, p. 1919. PLAINTIFF, physical examination of, p. 1651, etc.
PLAYWRIGHT, injunction against representation of drama, F. 594, p.
PLEAD DISCHARGE, leave to after judgment, and leave to plaintiff to discontinue, F. 2070, p. 2061. PLEADINGS and proceedings inci- dental thereto. See contents, p. 1346.
striking out for failure to pay ali-
amending as to cause of action, p. 1379.
amending from conspiracy to deceit, p. 723, n.
answer after judgment when deemed a new suit, p. 777.
answer or plea under Limited Lia- bility Act, p. 825.
departure of complaint from sum- mons, p. 742.
what deemed action on contract, p. 1269.
discharge, after judgment, and leave to plaintiff to discontinue, F. 2070, p. 2061. affidavit to enable plaintiff to exam- ine defendant in order to frame complaint, F. 428, p. 707. extension of time to appear before answer, F. 440-441, p. 738, 739. judgment on, p. 1425.
[Volume I ends with page 1169.]
PLEADINGS- Continued.
in what cases to move rather than plead, p. 80.
to bring in new party, p. 719. how to raise a federal question in, p. 773.
removal of cause may be pleaded
in abatement, p. 790. repleader after removal of cause, p. 794.
filing and serving, p. 1371. serving and returning, p. 1375. served on attorney, not on party, p. 383.
striking out, as unauthorized, F. 1048, p. 1386.
order denying motion to put in sup- plemental answer because plaintiff makes a stipulation and admis- sion, F. 104, p. 263. verification of, p. 1361; F. 1016- 1028, p. 1364, etc. remedy for non-verification of, p. 495, 496.
notice of election to treat as nullity, F. 1028, p. 1370.
use of verified, as an affidavit, p. 1181, 1272.
when withdrawn, withdrawal should |
be recited in judgment, F. 1761- 1762, p. 1888.
PLEDGE, injunction against wrongful delivery, F. 539, p. 920.
powers of receiver as to, F. 709, p. 1069.
replevying, p. 1149.
affidavit to replevy goods under, F. 793, p. 1152.
POLICE interference, against, F. 635, p. 962.
POOR PERSON, leave to sue as, p. 572, etc.
infant, suing as a poor person, p. 588.
POST OFFICE, what is, p. 399. injunction against taking letters from, F. 541, p. 922; F. 605, p.
949. POSSESSION, injunction against in- terference, and see TRESPASS, F. 589, p. 943. POSTPONEMENT, order on the min- utes allowing, with amendment, F. 1627, p. 1796.
PRAYER for general relief, requisites
and effect, in motion papers, p. 151.
of a petition of an officer of court for instructions, F. 192, p. 326.
PREFERENCE of motions, p. 136. on the calendar. Forms, see list, p. 1582. PRELIMINARY OBJECTIONS, to mo- tions, p. 138.
on motion, recital of, in order, p. 226.
recital of, in order, F. 101, p. 260; F. 102-104, p. 262, 263. orders deciding, F. 102–105, p. 262– 264.
PREMATURE NOTICE, p 197. PREMATURE PUBLICATION, p. 353. PRESENTATION OF CLAIMS, notice by receiver to creditors and debt- ors of corporation, announcing ap- pointment, and requiring, F. 746, p. 1109.
before suit against municipality, p. 519.
PREVIOUS APPLICATION, necessity of denial or disclosure, p. 116. form of stating, F. 52, p. 171. PRINCIPAL, when liable for agent's fraud, p. 1272.
affidavit of surety to obtain leave to prosecute action abandoned by, F. 1198, p. 1494.
PRINCIPÂL AND AGENT, injunction against bank paying over deposit, F. 617, p. 954.
injunction against, F. 632, p. 959. PRISONER, affidavit of service on, F. 376, p. 646. producing
producing to testify, F. 1515, 1516, p. 1705.
security by, for costs, p. 863. PROVISIONAL REMEDIES, what ac- tions allow, p. 876.
PRIVILEGE, discharge from arrest, F. 962, etc., p. 1312.
PROCESS. Orders to show cause used as, p. 126.
what is returnable, p. 366. PROHIBITION. See contents, p. 827. Forms, see list, p. 828.
when heard as enumerated motion, p. 71. distinguished from stay and injune- tion, p. 412.
verification of return to writ, p. 489, n.
in United States court against pro- ceeding in State court, p. 813, n. PROOF by subscribing witness within the State (under New York stat- utes), F. 6, p. 5.
[Volume I ends with page 1169.]
PROOF-Continued. of publication, p. 361; F. 215, p. 365. of service of papers, p. 400; F. 219-
225, p. 406-410. And see AD- MISSION, AFFIDAVIT, PUBLICATION, RETURN.
return of substituted service, p. 654. affidavit of substituted service, p. 654.
PROPERTY, what kinds of may be attached, p. 1215, n. PROXY, injunction against giving, F. 623, p. 956.
PUBLICATION. See contents, p. 341. service of summons by, p. 663. PUBLIC OFFICER, attachment
property for converting funds, F. 828, p. 1187.
PUBLISHING book, injunction, F. 591, etc., p. 943.
QUESTIONS and objections on exam- ination before trial, F. 1421-1426, p. 1649, etc.
for review on appeal certifying. See list, p. 2063.
QUI TAM ACTION, judgment in, F. 1876, p. 1945.
QUO WARRANTO, leave for action in nature of, p. 578.
arrest in action of, p. 1270. judgment in, F. 1881-1882, p. 1947. RAILROAD, injunction against mu-
nicipal corporation forbidding them to authorize the construc- tion of a city railroad, F. 542, p. 923.
in a city street, injunction against authorizing, F. 576, p. 938.
same; against laying, F. 577, p. 939. injunction against mortgaging, F. 626, p. 958.
interfering with construction of cross-road, injunction against, F. 633, p. 961.
receivership for misconduct of offi- cers, F. 713-715, p. 1073, etc. examination of officers, and discov- ery, action to impeach acts of di- rectors, F. 1013, p. 1353. REAL PARTY in interest, compelling to come in, F. 1141, p. 1461. RE-ARGUMENT, notice of motion for, F. 153, p. 288.
motion for, and leave to put in new affidavit, F. 157, p. 290. of appeal. See list, p. 2065. RECEIVER. See contents, p. 998. Forms for obtaining appointment. See list, p. 1026, 1027.
RECEIVER · Continued. security and oath. Forms, see list, p. 1089.
title possession and control. Forms, see list, p. 1094.
duties, instructions, and examination of adverse claims (interesse suo). Forms, see list, p. 1106. accounting. Forms, see list, p. 1126. removal or discharge. Forms, see list, p. 1136.
personal liability of, p. 584, n. order of adjournment after appear- ance, with continuance of appoint- ment of receiver and injunction meanwhile, F. 126, p. 273. appointing, to convey for absentee, etc., p. 664, n.
affidavit to move to continue action against, in place of corporation, F. 1135, p. 1457.
dissolved corporation, granting leave to proceed against, F. 1136, p. 1458.
judgment sequestrating effects of corporation, at suit of judgment creditor, and appointing receiver, F. 1860, p. 1933.
bond given by, for costs, F. 519, p. 873.
order for, unless defendant delivers or deposits specific thing, F. 792, p. 1145. relationship to judge disqualifies in United States court, p. 764. affidavit to obtain order for, in di- vorce, F. 1003, p. 1338.
order for, in divorce, F. 1004, p. 1339.
for foreign corporation, p. 1023; F. 728, p. 1086.
injunction against sheriff's interfer- ence with, F. 548, p. 929. interpleader of, F. 1145, p. 1466. order of interpleader on delivery of specific property and appointment of, F. 1154, p. 1471.
judgment against, in official capac- ity, F. 1883, p. 1947.
to pay taxes, etc., pending appeal after judgment affecting title, or- der appointing, F. 2103, p. 2082. after judgment, motion for, F. 2267, p. 2211.
petition by, or other trustee, for
leave to sue, F. 335, p. 580. leave for action by or against, p. 580.
order giving leave to sue, F. 336, p.
[Volume I ends with page 1169.]
RECEIVER—Continued. petition for leave to sue a, F. 338, p. 584.
notice of presentation of petition for leave to sue, F. 339, p. 585. in United States court suable with- out leave, p. 763.
notice to quit, given by, F. 292, p.
petition by, for leave to be substi-
tuted for a party in an action which was pending when he was appointed, F. 1186, p. 1485. affidavit for motion on behalf of, to be substituted in place of original plaintiff or defendant, F. 1160, etc., p. 1475.
right to remove cause, p. 765. before service of summons, p. 636. in United States court to follow State law, p. 763. RECEIVERSHIP as a method to se- curing possession of property, p. 876.
RECITALS in bond, p. 29.
in orders, p. 221; F. 101, p. 259. order correcting, F. 29, p. 22. of request in an order for general relief on a motion, p 228. of reference of petition in order, F. 212, p. 338.
in undertaking, p. 453.
in undertaking given under order on condition of giving it, F. 251, p. 578.
in order of reference made by the court of its own motion, F. 1328, p. 1591.
in judgment, p. 1753, n.
Forms of in judgment, p. 1757, 1758; F. 1703-1719, p. 1854, etc.; F. See also 1758-1776, p. 1885, etc.
in judgment after verdict on special issues, F. 1784, p. 1895. RECORDING deed or mortgage, as af- fecting lis pendens, p. 884. RECORDS, injunction against pre-
venting use of corporate, F. 619, p. 955.
authentication of. See list, p. 1714. REDEMPTION from sale on execu- tion. See list, p. 2124.
order for accounting before judg- ment, F. 1800, p. 1904. proceedings peculiar to trial and judgment in actions to redeem. See list, p. 2031.
REDEMPTION — Continued.
reducing amount of warrant of at- tachment, p. 1205; verdict, p. 1808. REDUNDANT MATTER, striking out, p. 1418. REFEREE (see, also, REFERENCE). when may certify, and when should make affidavit, p. 41. relationship to judge disqualifies in United States court, p. 764. summons by, F. 735, p. 1097. affidavit by, on taxing fees of, F. 1691, p. 1848.
order by, that defendant deliver and
convey to receiver, F. 736, p. 1097. approval by, of assignment, F. 738, p. 1100.
REFERENCE to take and state an account before judgment, F. 1792- 1813, p. 1900, etc.
(in partnership cause) schedule of account to be presented on, F. 1805, p. 1906.
adjournment of by court pending stay, F. 232, p. 426. adjournment on death of party, F. 1130, p. 1453.
affidavit to obtain order to annex by amendment an omitted clause in order of, in foreclosure, F. 32, p. 23.
order amending order of, F. 33, p.
appointment of first meeting on, F. 1804, p. 1905.
to compute fees on substitution of attorney, F. 1219, p. 1512; F. 1225, p. 1514; F. 1230, p. 1517. of claim against decedent, and Forms; see list, p. 617.
agreement to refer claim against executor or administrator, F. 357, p. 618.
in proceedings for contempt, F. 1246, 1249, p. 1534, 1536. costs of, affidavit by referee, F. 1691, p. 1848.
as to counsel fee or alimony, or both, etc., in divorce, F. 998, p. 1336.
of divorce case, 1901, p. 1959, etc. for examination interesse suo, F. 762, 763, p. 1121.
to ascertain measure of fine for in- demnity of complainant order of F. 1249, p. 1536.
to hear and determine. See list, p.
[Volume I ends with page 1169.]
Continued. to ascertain damages on injunction p. 973, 992; F. 671, 672, p. 995. same; notice to sureties of, F. 673, p. 996.
same; report of, F. 674, p. 996. to settle issues, F. 1739, p. 1871. to take proofs before personal judg- ment on default after service by publication, F. 1580, p. 1763. conditions imposed on opening judg- ment, F. 2052-2053, p. 2050. to determine mode of carrying into effect a judgment for specific re- lief (in this case, support); notice of motion for, F. 2060, p. 2054. to marshal assets and take proof of debts, F. 709, p. 1068. or issue to decide motion, p. 155. order referring original petition, F. 207, p. 334.
of petition, recital of in order, F. 212, p. 338.
to appoint receiver, p. 1005; F. 680- 686, p. 1030.
to appoint receiver in creditor's suit, F. 692, p. 1038.
to supervise transfer of assets to receiver, F. 692, 697, p. 1038, 1048. to appoint receiver of an estate, or- der of, in case of executors or ad- ministrators, F. 697. p. 1048. to appoint another person receiver if partner fail to qualify, F. 706, P. 1064.
to appoint a receiver and superin- tend assignment, F. 707, p. 1065. to appoint a receiver made pending a reference for an accounting, F. 708, p. 1066.
to effect transfer to receiver, order of, F. 733, p. 1096. of petition that receiver surrender possession, F. 763, p. 1122.
to pass receiver's account, F. 772, 775, p. 1130, 1132; F. 776, p. 1133. notice of report to limit time to re- view, etc., F. 1749, p. 1880. substitution of referee, p. 1921, n. notice of election to terminate, F. 1354, p. 1598; F. 1843, p. 1925. other than for trial of issues on the pleadings. See contents, p. 1588. trial by the court with the aid of. See list, p. 1898.
to determine or to report on specific
REFUSAL to accept service, p. 381. of a party to obey an order of the court, order striking out pleading for, F. 1090, p. 1415. REHEARING and renewal guished, p. 157.
of motion when allowed, p. 158. of motion, motion for, F. 82, p. 188. with leave to put in new affidavits,
F. 180, p. 303. REINSTATING previous order, with- out prejudice to proceedings to pun- ish for its disobedience, F. 118, p. 270. RELATION back of order to motion, p. 221.
RELEASES, setting aside as release upon motion, p. 78.
by married women of inchoate right of dower, F. 2016, p. 2029. by dowress, F. 2015, p. 2029. REMITTER of part of verdict, F. 1716, p. 1859.
REMITTITUR and subsequent pro- ceedings. See list, p. 2065.
order returning to Court of Appeals
and staying action on undertak- ing, F. 2157, p. 2116.
REMOVAL or discharge of receiver, Forms, see list, p. 1136. REMOVAL OF CAUSE by plaintiff, p. 729.
of cause from one State court to another. See contents and list of Forms, p. 1738.
for trial. See motions to change place of trial, p. 1723, etc. from a State court to the Circuit Court of the United States. See contents, p. 753.
same. Forms, see list, p. 798. acts of 1875 and 1887-8, p. 758. from another court, and consolida-
tion of actions, F. 1234, p. 1521. on appeal to another department, order for, F. 2158, p. 2117. REMOVAL OF MOTION, p. 135. RENEWAL distinguished from re- hearing, p. 157.
RENEWAL OF MOTION, F. 158-161, p. 291, 292.
when allowed, p. 160.
or appeal, p. 163.
order allowing, on merits, F. 164, p. 294.
questions pending trial, F. 1788-RENTS, etc., injunction against taking
reformation, judgment for, F. 1884, p. 1948.
rents and profits, F. 562, p. 934. and profits, order appointing receiver of, F. 700, p. 1052.
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