to be joint and several; sureties to justify, to be approved.

several sureties each for part, when allowed..

to the people, etc., for private suitor's benefit, how prosecuted.
not affected by change of parties..

to be filed with clerk, except, etc.

reference on approval of

729

730

791

810

811

811

812

813

814

815

816

827

when required on application to court for judgment by default.. 1216, 1217
from the people, municipal corporation, etc., when not required.. 1313
1314, 1918, 1990
to obtain release of partnership property from execution.... 695, 696, 1414
enures to benefit of other execution creditors.

to retain levy when claimant succeeds on claim of title.

on appeal. See Appeal.
to obtain order of arrest.

warrant of attachment.

of bail. See Bail.

to obtain injunction order.

See Attachment of Property, Warrant of.

See Arrest.

See Injunction.

in dower, to obtain stay, on appeal..

in action for chattel. See Chattel, Action for a, etc.
of legatee before execution granted against executor.

in action upon lost note, etc..

on service of habeas corpus for prisoner in custody.

except on application of attorney-general or district-attorney.

to stay proceedings upon certiorari to review..

in summary proceedings to recover land, to stay warrant and execu-
tion

on warrant of attachment for contempt..

1416
1419

1616

1827

1917

2000

2002

2131

2254

-on appeal

2261, 2262
2275

to procure discharge from

surrogate's court, to perfect appeal from.

of judgment debtor; arrest in supplementary proceeding.

2277, 2279
2440

in case of death of adverse party; waiver of..
deposit in lieu of; filing of; new; action upon.

as security for costs

additional sureties, when required.

See, also, Bond.

in New-York marine court, dispensed with, for arrest in marine

causes.

of defendant after arrest in such a cause.

..... 3177
3180-3184

2577, 2578-2580

2575

2575

3272, 3275

3276

upon warrant of attachment, or order of arrest, in New-York
district court

given in action for chattel, is available in new action commenced
after answer of title

2952

to procure adjournment, by defendant, before justice of the peace, 2961

2957

to procure discharge of defendant from custody, after arrest.
of defendant to procure second and subsequent adjournment.
to procure stay of proceedings, on appeal from justice's court.
how filed, etc., in case of death, etc., of justice.

2962

2963

2965

3050

to obtain new trial in appellate court, on appeal from justice's judg-
ment

3052

on appeal from final order, in proceedings relative to animals straying. 3105

3069

Undertaking in certain Courts of Cities:

may be dispensed with by New-York marine court on granting order
of arrest in certain marine causes..

of defendant on bail after such arrest

3177
3180-3194

Undertaking in Certain Courts of Cities - Continued.
liability of surety on, when answer of title interposed in justice's
court of Albany or Troy or district court of New-York.

upon granting warrant of attachment, or order of arrest, in district
court of New-York

United States:

3212

3219

military pay, bounty, arms, equipments, etc., of person in service of,
exempt from execution

1393

property taken pursuant to statute of, etc., cannot be replevied.. 1690,
habeas corpus, prisoner detained by court or judge of, not entitled to, 2016
must be remanded

2919

2032

legality, etc., of, mandate not to be inquired into.
assessment of damages, on taking lands by.

2034

2112

debtor to, cannot be discharged from imprisonment on execution..

2218

defendants in action for real property, escheated, etc.

effect of judgment against

service upon

Unknown:

defendant, publication of summons against.

how described in summons

in partition; notice to defendant.

party must be mentioned in complaint.
costs against, execution therefor

court must provide for protection of rights.

absent owners' shares, how disposed of

compensation to equalize cannot be awarded against.

parties in surrogates' courts, citation to.

how defendant designated in justice's summons.

legacy, etc., to be paid into the State treasury; claims thereto..... 2747

Usurper:

of office, action by attorney-general against.
proceedings in such action; trial...

438

451

1541

1542

1559

1572

1582

1587

1979

1980

2518

2523-2525

2884

1948

1949, 1950

person declared entitled to office by judgment may assume same... 1951
proceedings to compel delivery of books, etc., after refusal.
of office, damages may be recovered in action against..

1952
1953

one such action may be brought against several claimants to office, 1954
final judgment in action for usurping office.

1956

such action must be brought in the name of the people of the State, 1984
judgment for costs against, in favor of people, may be collected by
execution, etc., when

jurisdiction, etc., of judges in certain actions not affected.

3202

between summons and complaint, when immaterial.
immaterial, to be disregarded, in justice's court.

Verdict Continued.

death of party after, not to stay judgment.

in action for a wrong, no abatement after.

judgment not to be rendered against party dying before.
rendered against party after his death is void

motion to set aside, etc..

damages to be fixed by

when taken subject to opinion of court; may be set aside.
general and special, definitions of

when rendered

controlled by special finding

entry of

motion for judgment on special

on verdict subject to opinion of court.

in action for real property, when must state rent in arrear.

1233

1234

See Trial by Jury.

1507

must specify plaintiff's estate.

1519

where plaintiff's title expires before trial.

1520

in action to determine claim to real property, when defendant claims
in remainder, etc..

1643

in action for chattel, what to state.

1726, 1728

part may be remitted in New-York marine court..

3176

in justice's court. See Justice of the Peace, etc., 6, 12, 17.
subject to opinion of court, findings

of counterclaim merely

of pleading, remedy for want of, or defective.

of answer, defendant when not excused from

of answer, in action for divorce, not required..

of complaint in action to charge joint debtors not served.

not required to mandamus, or return thereto.

513

523

524

525

526

527

528

529

1757

1938

2080

of petition in summary proceedings to recover land, and answer, 2235, 2244
of pleadings in surrogate's court...

Vessel:

2534

See, also, Pleading.

rights of owners, etc., where cargo is attached.
claim of ownership of, in attachment, valuation, discharge, etc.. 660-670
sale of, under attachment

to be produced and filed on accounting by executor, etc.; lost vouch-
ers, etc.

2734

presented in support of debt against decedent, when must be filed
in surrogate's office

2758

to be produced, etc., on accounting by testamentary trustee; lost
vouchers, etc.

to be produced and filed on accounting by guardian, etc.; lost vouch-
ers, etc.

2811

2850

W.

Wages:

costs in action for, by working woman, in justice's court in Brook-
lyn.
enforcement of judgment of certain courts in favor of woman for... 3221
costs in such action in district court of New-York..

3131

3222

Ward. See Guardian.

Warrant:

in action to foreclose lien to seize chattel.

1738, 1740

on habeas corpus for prisoner about to be removed from State.. 2054-2057
in summary proceedings to put petitioner in possession.

2251
2252

execution thereof

when and how stayed

2254,

to commit for contempt, when may issue without notice..
to attach for contempt, when to issue.

2261, 2262
2268

2269-2272

second, for contempt, may issue, when accused does not
for collection of fine; to whom issued, etc..

appear.. 2288

2294, 2295
2296, 2297
2298

execution of

proceedings for new, when fine not collected.

for arrest, in supplementary proceedings.

service of; how made...

in surrogate's court. See Surrogate, and his Court.

in justice's court. See Justice of the Peace, and his Court.

2437-2440
2453

of attachment. See Attachment of Property, Warrant of; Attach-
ment of the Person.

of arrest. See Arrest.

of commitment. See Witness; Contempt.

Waste:

damages on vacating injunction order in ejectment or dower, includê, 617
after sale of real property under execution.
action for, who liable, in general.

damages may be deducted from defendant's share, when, etc., 1658
view of premises, when and how made.

1659

1681

797

256, 257

in real action, defendant, how restrained from committing.
revocation of letters, on account of. See Surrogate, etc.; Revocation.

Weight of paper

Westchester County:

stenographer for supreme court, county court, etc., in....

court to direct additional jurors to be drawn, instead of talesmen.. 1171

in partition may release to husband inchoate right of dower..
not included in term "next of kin "

production of non-resident wife by insolvent applying for discharge
from debts

of imprisoned criminal, may apply for trustee of property.
property may be applied to support of...

1570

1870

2171

2220

2228

of mortgagor, when barred by sale on foreclosure by advertisement.. 2395
temporary administrator of absentee may provide for support of... 2677
may proceed against executor, etc., for not setting apart exempt
property

2720

on judicial settlement of account.

2721

application for guardian of infant married woman.

2824

action by creditor against wife of deceased debtor. See Decedent's
Estate.

See, also, Marriage; Married Woman; Matrimonial Actions.

judgment in such an action that will be established, etc..

proof of lost or destroyed, in certain cases.

action to establish foreign, relating to real property here..
action by child born after, or by witness to.
receiver may be appointed to succeed deceased executor in action to
establish, etc.

1862-1864
1865, 1867
1866, 1867

1868

1869

award of jury trial upon reversal, on appeal in probate cases.

what wills may be proved

change of residence not to affect validity, etc.

application of last two sections.

who may propound

Will Continued.

sale, etc., of real property of infant, etc., contrary to provisions
of a will are prohibited

jurisdiction of surrogate's court.

2357
2472

copy of will of non-resident to be transmitted to secretary of State, 2503
definition of, as used in chapter on surrogates' courts.

2514

witness to, not disqualified from testifying as to execution of will,
by interest therein

2544

question on probate, on revocation thereof, cannot be referred.
decree for probate of; how far suspended by appeal..
decree revoking, etc., not stayed by appeal.

2624

2625

probate; how far conclusive as to personalty.

as to realty

2626

2627

2629

2630

who to be cited thereupon

contents of citation

persons not cited may appear.

absent, etc., witnesses to be accounted for.

proof of handwriting

proof of lost or destroyed

probate not allowed unless surrogate satisfied, etc..

possession of the will to be accounted for.

when sufficiently proved

validity and construction of testamentary provisions.

surrogate's decision on probate..

will certified, or record thereof, may be read in evidence.

recording wills proved elsewhere within the State..

records of certain wills heretofore proved; how far evidence.. 2631, 2632

wills to be returned after probate.

when letters may be issued. See Letters Testamentary.

letters of administration with will annexed.

persons interested may apply to revoke probate.

when application must be

citation thereupon

for provisions relating to such guardian. See Guardian.
as to trusts created by will, and testamentary trustees.
Testamentary.

2851

See Trustee,

notice of decree of revocation

revocation of letters.

See Revocation.

testamentary disposition; what law governs.
foreign; letters ancillary upon probate.

recording wills proved in other States; effect of such record.
copy of, or of record, how authenticated
appointing guardian must be admitted to probate before guardian
acts

Withernam:

writ of, abolished

Witness:

punishment of, for refusal to be sworn or to answer..

See, also, Contempt.

detention, etc., of, when and how punishable.

before sheriff's jury, attendance and examination of.

1688

8-14

14

108

fees, how taxed and pafd.

109

not to be excluded on account of interest.
when party, etc., cannot be examined as.

828

829

who was also a party, death of, after trial; evidence on new trial,
when husband and wife competent, and when not competent wit-

830

nesses

831

conviction for crime, not to exclude, in civil or criminal action.
confidential communications; clergymen

832

833

physicians

834

attorneys

835

may be proved when patient. etc., waives objection..