Page images

STOCK expulsior; di

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

| SUBPOENA — Continued.
as to facts or evidence for trial duces tecum to party on examina.

(general form), F. 1366, p. 1609. I tion before trial, F. 1418, p. 1647.
that issues be tried by jury, F. under foreign commission, p. 1709.
1623, p. 1794.

SUBPOENAING, stay of, F. 231, p. 425.
for trial by court without jury, F. I SUBSTITUTED SERVICE within the
1728, p. 1865.

jurisdiction. See contents and list
admitting how witness, if present,

of Forms, p. 653.
would testify, F. 1379, p. 1613.

SUBSTITUTION of public officer's
STOCK EXCHANGE, action to set
aside expulsion, F. 429, p. 708.

successor, affidavit to move for, F.
STOCKHOLDER, dissolution of corpo.

1132, p. 1455.
ration at suit of, p. 1083.

same; notice of motion for, F. 1133,
STOCK, injunction against transfer,

p. 1455.
F. 586, p. 942.

same; order for, F. 1134, p. 1456.
in corporation, levy of attachment,

of party, request for annexed to affi-
p. 1215, n.

davit of attorney or agent, F.
STRIKING OUT scandalous matter 1168, p. 1479.

from affidavit, F. 169, 170, p. 296, of attorneys, order of, F. 1216, p.

sham answer, F. 1091-1093, p. 1416. of attorney with order of reference
irrelevant matter from pleading, p. to compute fees, F. 1219, p. 1512.

of parties. See list, p. 1440, 1458,
redundant matter, p. 1418.

scandalous matter, p. 1418.

of parties on appeal. See list, p.
pleading as unauthorized, F. 1048,

p. 1386.

of new attorney on appeal, p. 385.
for contempt, F. 1090, p. 1415.

same; practice stated. See p. 2085.
STRIKING JURY, F. 1619-1621, p. SUGGESTION of death of a party, F.

247, p. 447.
SUBMISSION of controversies on

on the record; the practice, p. 446.
agreed case are enumerated mo-

on minutes in open court, or before
tions, p. 72.

referee, with
of controversy on agreed statement

order thereon, F.

F. 248, p. 447.
of facts. See contents, p. 609.
SUBPOENA for a trial, F. 1509, 1510,

of name in application for receiver,

F. 678, p. 1029.
p. 1701, 1702.
ticket, F. 1511, p. 1702.

duces tecum, F. 1512, p. 1702.

attorneys, p. 1551.
affidavits of service of, F. 1625,

to dispossess, verification in, p.
1626, p. 1795.

489, n.
to make affidavit for motion, p. 110.

injunction against, F. 544, p. 925;
to witness to make deposition for a

F. 648, etc., p. 968.
motion, F. 58, p. 177.

SUMMONS, F. 365, p. 631.
to witnesses before sheriff's jury in

publication of; the practice ex-
attachment proceedings, F. 869, p.

plained, p. 343.

amending, by dropping name of par.
duces tecum to witnesses before ties, F. 247, p. 447, 712.

sheriff's jury in attachment, F. personal service of, p. 635.
870, p. 1229.

substituted service of, p. 653.
ticket to witnesses before sheriff's service of, by publication, p. 653.

jury in attachment, F. 871, p. and notices connected therewith.

See contents and list of Forms,
to attend before referee on special p. 622.
reference, F. 1350, p. 1596.

setting aside summons or service,
to non-resident party for examina. p. 741.

tion before trial, F. 1417, p. 1646. without complaint in lis pendens,
to non-resident ordered to appear for p. 887.

examination before trial, F. 1417, what sufficient for lis pendens, p.
p. 1646.


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

SURPLUS - Continued.
omission to serve before replevying himself as mortgagee, F. 767, p.

no ground for, to vacate arrest, 1125.
p. 1301, n.

ia attachment, order that sheriff
death before service, p. 1434.

pay over surplus proceeds of at.
atfidavit of attachment issued and tachment, F. 893, p. 1240.

death of defendant before pub moneys, proceedings as to, F. 1956-
lication of, F. 1131, p. 1454.

1963, p. 1999, etc.
by referee on special reference to SURRENDER and exoneration. Forms,

appear personally, F. 1352, p. 1597 see list, p. 1323.
by referee to debtor to appear and by bail, F. 981, p. 1323.

be examined, F. 735, p. 1097. SC'RROGATE'S legal notices, publi-
amending as to parties at trial, F. cation of, p. 352, n.
1629, p. 1798.

court, verification of pleadings and
SUNDAY, publication on, p. 358.

petitions in, p. 489, n.
SI'PERSEDEAS, affidavit to move SURVEY. Forms, see list, p. 1616.
for, F. 978, p. 1320.

of arrest, order to show cause for, 1868, p. 1940.
F. 950, p. 1322.

SUSPENSION of corporate officers, F,
SUPPLEMENTAL NOTICE of mo. 715, p. 1074.

tion enlarging relief, F. 50, p. 168. TABLE, contrasting the several meth-
SUPPLEMENTU PLEADINGS. ods of taking evidence without
Forms, see list, p. 1391.

the State, p. 1656, 1657.
leave to put in denied on stipulat. contrasting methods of discovery
ing, F. 113, p. 267.

and examination under Code, p.
to bring in new party, p. 719.

same; affidavit for, on a change of TAXATION of sheriff's fees on at-
parties, F. 1113, p. 1441.

tachment, F. 925, 926, p. 1266.
same; order for leave to serve, to of cost, see list, p. 1834.
bring in new defendant, F. 1127, same; vacating judgment for irreg.
p. 1451.

ular, F. 2043, p. 2018.
same; leave to make for substitu- TAX, injunction against, F. 563, p.
tution, F. 1177, p. 1482.

| 935.
SUPPLEMENTAL SUMMONS, F. 436, TAX SALE, advertisement of, p. 344.
p. 728.

SUPPLEMENTARY PROCEEDINGS, WIRE, action to remove, p 1998.
receiver in, p. 1001.

a remedy for refusal to deliver at. p. 1577.

tached property, p. 1223, n. TERMS held by different judges, p. 93.
SURETIES, who may be, p. 454.

Special Term and Appellate Divi-
affidavit of sufficiency of, F. 36, p. sion, p. 96.
34; F. 821, p. 1175.

TERMS OF SALE, P. 2235-2238, D.
bond to indemnify, F. 37, p. 34.

exception to, notice of, F. 257, P. TESTIMONY, perpetuation of. See

contents and list of Forms, p. 534.
notice of exception to, in replevin, as to real property, p. 535.
F. 799, p. 1159.

| THIRD PERSON proceeded against
in replevin, notice of justification of, by petition, p. 309.
F. 800, p. 1159.

THREAT to defraud creditors, proof
survival of liability of, p. 1433, n. of, by affidavit, F. 831, etc., p. 1195.
affidavit of, to obtain leave to prose. | TIME, mode of computing, p. 50.

cute action abandoned by prin- for which to notice motion, p. 117.
cipal, F. 1198, p. 1494.

for performance of condition in
judgment against, for deficiency, F. order, p. 231.
1954, p. 1998.

computing, of decision of motion,
rights as between successive, p. 459. p. 238.

computing number of days of ad-
SURPLUSAGE in undertaking, p. 450. vertising, p. 348–350.
SURPLU'S moneys, order that re of personal service, p. 381.

ceiver in foreclosure pay over to in case of service by mail, p. 400.

(Volume I ends with page 1169.)
computation of, under notice to | TRIAL - Continued.
quit, p. 529, 530, 531, n.

order appointing receiver after re-
TOW-PATH, injunction as to, F. 572, port, findings, or verdict, F. 688,
p. 937.

p. 1035.
TRADE-MARK, injunction against appointing a receiver pending, F.

infringement, F. 601, p. 947; F. 602 708, p. 1066.
607, p. 948, etc.

rulings on, distinguished from or-
TRANSFERRING motion, p. 135; F. ders, p. 210.
67–72, p. 182-184.

stipulations and admissions for pur-
TRESPASS to real property, injunc pose of. See list, p. 1608.

tion against, F. 555, etc., p. 932. order that certain issues be tried
as ground for arrest, F. `930, p. before others, F. 1742, p. 1873.

compelling attendance of witness at.
abatement of, p. 1433.

See list, p. 1701.
TRIAL, change of place of. See list TRUST, examination before trial, or

of Forms, p. 1723. See also RE to enable applicant to plead in ac-

tion to prevent perversion of
bringing on. See list, p. 1781.

funds, F. 428, p. 707.
what is trial within rule as to costs, order for receiver of rents, etc., on
p. 1812, n.

foreclosure by the trustees of a
by court, order sending cause to corporation mortgage, for benefit
jury term, F. 1607, p. 1786.

of bondholders, F. 701, p. 1056.
without aid of jury or referee. Sce order for appointment of receiver in
list, p. 1875.

railroad foreclosure (including
by the court, with the aid of jury amendment of complaint, and

to try specific questions. See list, with full general powers), F. 702,
p. 1896.

p. 1057.
the same; jury trial of all issues, how successor of trustee to be ap-
see list, p. 1893.

pointed, F. 1187, p. 1486.
by the court with the aid of ref judgment reaching surplus income
erence. See list, p. 1898.

of, F. 1864, p. 1939.
neglect to proceed to trial as ground

reaching income, upon judgment for
for motion to dismiss, F. 1293,

necessaries, etc., F. 2197-2199, p.
p. 1564.

2162, etc.
in divorce, proceedings peculiar to. TRUSTEE, acknowledgment by, F. 4,
See list, p. 1955.

p. 3.
in actions for dower. See list, p. decree on petition to pass accounts,

F. 212, p. 337.
in action of ejectment. See list, p. petition by a receiver or other trus-

tee for leave to sue, F. 335, p. 580.
admitting evidence contrary to ad leave for actions by or against, p.

mission in stipulation, p. 440, n. 580.
proceedings peculiar to foreclosure. order giving leave to sue, F. 336, p.
See list, p. 1990.

of issues of law [demurrer). See

petition for leave to sue a, F. 338,
list, p. 1775.

p. 584.
by jury, proceedings in case of. See

notice of presentation of petition for
list, p. 1781.

leave to sue, F. 339, p. 585.
by jury, various proceedings inci-

amending misnomer or misdescrip-
dental to. See list, p. 1795.

tion, p. 718.
of all the issues of fact by jury,

of an express trust, security by, for
and judgment thereon by the

costs, p. 857.
court. See list, p. 1893.

affidavit of, to move to continue ac-
attorney may stipulate as to mode tion brought by his predecessor,
of, p. 435.

F. 1187, p. 1486.
determining mode of. See contents, application to come in as a new
p. 1865.

party, F. 1187, p. 1486.
changing place of. See list, p. 1723. notice of motion to continue action
affidavit to procure order to produce brought by his predecessor, F.

documents at the, F. 1513, p. 1703. 1188, p. 1487.

(Volume I ends with page 1169.]
TRUSTEE - Continued.

| UNDERTAKINGS - Continued.
order substituting, to continue ac- by plaintiff to indemnify sheriff for

tion brought by his predecessor, levying on property other than a
F. 1189, p. 1487.

vessel or cargo, F. 875, p. 1230.
order that bondholders intervene as necessary to hold goods in the hands

co-plaintiffs in action by, for fore. of a carrier by water, acting in
closure, F 1201, p. 1498.

good faith, F. 866, p. 1226.
foreclosure by, petition of bondhold by claimant to secure attached prop-

ers to intervene, F. 1210, p. 1503. erty, F. 876, p. 1231.
accounting of, F. 1802, p. 1904.

by third person claiming release of
judgment against, F. 1864, p. 1939; domestic vessel attached, F. 881,
F. 1873-1874, p. 1944.

p. 1234
TRUSTEE IN BANKRUPTCY, secur. by plaintiff to prevent release of

ity for costs in action by, p. 864. foreign vessel attached, F. 883, p.
obtaining leave to sue, p. 1485, n. 1235.
UNCONSTITUTIONALITY of statute, by defendant to obtain release of

how considered, on motion, p. 147. foreign vessel after attachment
I'NDERLETTING, injunction against, has been vacated, but plaintiff's
F. 582, p. 940

undertaking has not been dis.
UNDERMINING plaintiff's land, in charged, F. 886, p. 1237.

junction against, F. 570, p. 936. to obtain discharge of property at-
UNDERTAKINGS. See contents, p. tached, F. 916, p. 1259.

on application to discharge interest
Forms, see list, p. 477.

in partnership goods and chattels
on appeal from judgment or order from attachment, F, 919, p. 1262.

to the Court of Appeals, without for costs, F. 517, p. 872. .
stay, F. 2085, p. 2072.

general form, in action or special
to stay pursuant to order, on appeal proceeding, F. 249, p. 477.

from money order or judgment another, shorter Form, without re-
(including those payable in instal citals, F. 250, p. 478.
ments or for alimony, etc.), F. punishing for contempt in giving
2087, p. 2073.

fictitious, F. 1251, p. 1537.
to appeal to Appellate Division or on injunction in ordinary cases (un-

Court of Appeals from money der code), F. 655, p. 977.
judgment or order, with stay, F. on injunction to stay trial of money
2086, p. 2073.

action after issue, F. 656, p. 977.
to stay on appeal from a judgment on injunction to stay proceedings in

or order for possession of personal money action after verdict, report
property, F. 2088, p. 2074.

or decision and before final judg.
same; of real property, F. 2089, p.

ment, F. 657, p. 978.

on injunction to stay proceedings on
sa me; in foreclosure, F. 2090, p.

a money judgment (where amount

is paid into court), F. 658, p. 979.
in dower to prevent stay on defend on injunction where undertaking is
ant's appeal from final judgment, given in lieu of payment into
F. 2091, p. 2076.

court, F. 659, p. 979
on appeal, waiver of, F. 2094, p. on injunction to stay proceedings in

ejectment, or for dower, F. 660, p.
same; exception and justification

on, F. 2095, p. 2078.

on application to vacate injunction,
motions as to new security on ap p. 983.

peal, F. 2096–2099, p. 2078, etc. on the part of creditor enjoined, to
on arrest (except in replevin); F. obtain money paid into court on
944, p. 1292.

enjoining him, F. 670, p. 994.
of bail, F. 966, p. 1315.

leave to sue on, if conditioned to
for jail liberties, F. 967, p. 1316.

pay when required by the court,
of bail on arrest on attachment to p. 547.

answer for contents, 1264. n. 1546. petition for leave to sue on, F. 304,
on attachment, F. 834, p. 1200.

p. 547.

[Volume I ends with page 1169.)
UNDERTAKINGS - Continued. | VACATING - Continued.
by legatee or next of kin before is- | or discharging attachment, Forms,

suing execution on judgment see list, p. 1241.
against executor or administrator, judgment, and allowing discontinu-
F. 2180, p. 2141.

ance, F. 1284, p. 1561.
in action upon lost negotiable paper, judgment to resettle findings, F.
F. 1630, p. 1798.

2035, p. 2039.
in claim and delivery (replevin), F. or opening judgment. See list, p.
797, p. 1157.

in replevin, approval of by sheriff, stay, or dismissing appeal, F. 2099,
F. 798, p. 1158.

p. 2080.
for defendant to reclaim chattels re- VENDOR AND PURCHASER, injunc-
plevied, F. 806, p. 1163.

tion against taking possession of
of indemnity by plaintiff against lands without payment, F. 561, p.

third claimant in replevin, F. 810, 934.
p. 1165.

VENUE, of acknowledgments, p. 5, n.
to obtain warrant to seize chattel of affidavit, p. 13, n.

under foreclosure, F. 813, p. 1168. of process, p. 366.
for restitution where summons was of verification, p. 491.

served by publication, F. 1581, p. see motions to change place of trial,

p. 1723.
to indemnify sheriff for not relin-

VERDICT in various cases. See list,
quishing levy, F. 2214, p. 2169.

p. 1799.
notice of judgment before suit on, in an action for land (ejectment),
F. 287, p. 527.

F. 1945, p. 1987.
given sheriff before suing on things motion on special verdict an enu-

in action taken by him on attach merated motion, p. 72.
ment, F. 303, p. 546.

recitals of in judgment, F. 1709–
UNKNOWN persons or names, p. 625, 1716, p. 1857, etc.

VERIFICATION. See contents, p.
defendants, affidavit to obtain ser.

vice by publication, etc., F. 403, p. of account rendered by receiver, F.
683; F. 407, p. 686.

771, p. 1129.
substituting names when ascer.

of agreed statement of facts, F. 354,
tained, F. 431, p. 722.

p. 615.
USE of premises, injunction against

of answers to interrogatories, F.
change in, F. 580, p. 939.

1268, p. 1548.
USELESS ACTIONS, staying, p. 1605.

of bill of particulars or account re-
UNITED STATES CONSUL, acknowl ferred to in pleading, F. 1077, p.
edgment before, F. 8, p. 6.

VACATING order, p. 91, 247.

of claim against municipality, p.
vacatur, p. 94.

er parte, order granted ex parte, F. of confession of judgment, p. 600;
171, 172, p. 298.

F. 349, p. 607.
order on notice, F. 175, 179, p. 300, where no other form is prescribed

by statute, F. 264, p. 497.
order, for neglect to file papers, F. of offer or acceptance of offer of
177, p. 301.

judgment, F. 1304, p. 1573.
order entered in wrong county, F.

of petition, p. 314; general form, F.
178, d. 302.

193, p. 326; F. 821, p. 1175.
order made under misapprehension, same; by officer of corporation, F.
F. 180, p. 303.

194, 326.
order on original petition, p. 320; same; for removal of cause, p. 768.
F. 214, p. 340.

same; to remove cause to United
order for arrest, etc., Forms, see

States court, F. 457, p. 802.
list, p. 1303.

of pleadings. See contents, p. 1361.
a stay, p. 421.

if complaint used as affidavit, p.
approval of security, p. 405.

injunotion, p. 983.

of submission of controversy, p. 611.

« PreviousContinue »