Vol. Sec. petition, contents of, schedules, etc.......... affidavit annexed. ........II, 2421 .II, 2424 served on creditors and stockholders.. original papers may be used.. ...II, 2425 certain corporations excepted from this title... ..II, 2429 Included in term "body or officer" in provisions concerning ......II, 1900 certiorari.. ..II, 2146 having property, etc., of judgment debtor in supplementary ..II, 2441 service of citation upon, in surrogate's court.. municipal, costs when recoverable in against.. CORPORATIONS- Continued. COSTS: action for money interlocutory, arrest or imprisonment for non-payment of, when allowed..... Judge not to be interested in............................................... .............................. 15 county court to impose, on remitting fine, etc.. pay ..I, 423 467 .I, 477 of action to recover attached property, etc., sheriff, when not guardian of infant defendant, when liable for.. on severance, where part of plaintiff's claim is admitted. exoneration of bail, when imposed. liable for... may be awarded against plaintiff. offer of judgment, on... of motion, how collected....... ...I, 677 fees of referee to superintend discovery, added to... ..I, 1231 tion. .....I, 1281 in action for partition, fees, etc., of commissioners to form part ......II, 1555 1 COSTS Continued. Vol. Sec. plaintiff's, in partition to be awarded and fixed by final judg- ment. .....II, 1559 against unknown defendant in partition, how fixed; execution in partition, how paid. .......II, 1559 in action for dower, fees and expenses of commissioners to form ......II, 1612 Judgment for, may be taken against the people, etc.. ........II, 1941 .......II, 1987 punishment for non-payment of, awarded in proceeding com- in mandamus proceedings.. ...II, 2007 ...II, 2100 may be awarded on writ of prohibition .II, 2143 may be awarded on opposition to insolvent's discharge from his may be awarded on petition of insolvent for exemption or dis- ....II, 2167 .....II, 2193 amount of, in summary proceedings to recover possession of .......II, 2250 in proceedings for discovery of death of life-tenant..... of judgment on award .....II, 2290 liability to, of party revoking submission of controversy expenses in such proceedings allowed ...II, 2401 when plaintiff entitled to costs of course. when defendant entitled to costs of course; rule as to two or .......................II, 2456 when costs are discretionary. when several actions are brought on same instrument. where there are issues of fact and of law.... .......II, 3229 ...II, 3233 the foregoing sections limited. on appeal from final judgment.... on appeal from interlocutory judgment or order. .II, 3237 in a special proceeding.... against the State, how paid.... ..II, 3239 where action brought by people, on relation of private person..11, 3242 ...II, 3243 id.; against a municipal corporation... ...II, 3244 ...II, 3245 how interlocutory costs collected. where there are several issues of fact. after discontinuance upon answer of title of a motion, how awarded...... id.; by or against an executor, etc.... in case of transfer, etc., of cause of action. Bors-Continued. Vol. Sec. certificate entitling party to costs or increased costs................II, 3248 ....II. 3249 certain provisions of this act not to affect special provisions of law amount of, generally, ....II, 3251 .....II, 3254 on adjournment of trial.. disbursements to be included in bill of costs....... .....II, 3255 increased disbursements not allowed.. ....II, 3258 costs on a settlement...... article concerning amount of costs not to affect special pro- .....II, 3261 faration: by whom taxed; allowances, etc., how computed.............II, 3262 ................................ .... e-taxation .......II, 3262 review of taxation......... .....II, 3250 when defendant may require.. ............II, 3268 can only be required where all the plaintiffs are subject to the requirement.. in actions by and against executors, etc........ security to be in form of undertaking. notice of exception; id.; of justification.. ......... ............................ II, 3270 order to give additional security; proceedings...................II, 3276 ....II, 3278 liability of attorney for costs..... foregoing provisions apply to special proceedings.. ..II, 3278 on discontinuance after answer of title in justice s court....II, 2954 ......II, 3047 trial not had in appellate court. ...II, 3066 peal from justice, for new trial in appellate court. ..........................II, 3070 ...II, 3075 costs upon demurrer...... ...........II, 3077 double and treble costs... posts on judgment for one or more defendants..... ......II, 3078 COSTS IN SURROGATE'S COURT: on appeal from order on motion for new trial .............................................. “.............IL 2549 ......................................................................................II, 2561 ............................................................II, 2561 COUNTERCLAIM: when seizin, etc., of real property, etc., necessary for............I, 366 defined 500 rules respecting allowance of......... ...I, 501 in action by and against executors, administrators, etc......I, 505, 506 ..I, 507 .I, 509 for less than plaintiff's claim, judgment upon, admitting..... Judgment on failure to reply to several replies allowed to same defendant setting up, may have provisional remedy. .I, 517 in action for divorce or separation .............................II, 1770 against defendant, jointly indebted but not served............II, 1939 II, 2244 answer in summary proceedings may set up.. ..I, 512 .I, 515 OCUNTY: actions against officer of. 2480 power of. See POWER OF COUNTY. COUNTY CHARGE: expense of books for records, etc ..................................... COUNTY CLERK. See, also, CLERK; JUDGMENT. to destroy certain papers when court directs... 21 seal kept by to be the seat of certain courts and of the county, ...................................I, COUNTY CLERK-Continued. Vol. Sec. may appoint special deputy to attend courts................................., 89 evidence ......I, 939 must search files, and certify papers...... cancel in foreclosure by advertisement, to affix notice of sale.. ....II, 1674 his fee for affixing same. II, 3304 to make annual return to secretary of State of all changes of .II, 2403 names. to record orders, etc., in supplementary proceedings. ...... penalty, for neglect...... wills of real property, etc.. fees generally (see FEES)......... DOUNTY COURT. See, also, COUNTY JUDGE. is a court of record. seal. ....II, 2418 .II, 2634 filing and docketing transcript of justice's judgment........II, 3017, 3021 of New-York district court, and issue of execution.... .II, 3022, 3043 of Justices' courts of Albany and Troy. ...II, 3220 certain State officers may order searches made, etc., in office of, without fee.... jurisdiction of...... domestic corporation, when a resident for purpose of jurisdic- tion.... effect of order; filing entry, etc., of papers; appeal.. stay of proceedings, for..... stay not to impair process, etc.. ......II, 3290 ..I. ....I. .....I, always open; terms.. appointment of terms to be filed and published.. stenographers for, in certain counties. provision in case of disability of county judge.. trial..... .I, 343 .I, 344 .I, 345 347 may send its process to any county, when.. when jurisdiction, etc., co-extensive with that of supreme court. ...I, 341 2 27 340 348 fines, forfeited recognizances, etc., when and how remitted, 1, 350-353 ....I, 358, 359, ..I, 354 .I, 355 ..I, 356 361 ..I, 748 may appoint receiver in certain cases.. discharge of levy of execution, on appeal from judgment...I, 1311 I, 1340-1345, 1357-1361 |