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INDEX.

A.

ABANDONMENT. (See SEPARATION, ACTION FOR.)

ABATEMENT OF ACTION OR SPECIAL PROCEEDINGS:
not produced by vacancy in judges..

failure or adjournment of court..

does not occur, if cause of action survives.

proceedings upon transfer of interest, etc.....

when sole party dies..

when one of several parties dies

when part of a cause of action survives

on death or marriage of plaintiff....

....

for a wrong, not produced by death after verdict, etc.

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766

784

1521

1522, 1523

not produced by death of public officer, trustee, etc...
time within which action is to abate, unless continued, cannot be extended.
of action of ejectment..

....

...... ...... ....

id.; action to be divided, after death of party, when, etc.
proceedings on death of parties plaintiff, or defendant in action for partition.... 1588
and revival of action for chattel..

....

..........................

...... ....

of action by or against executor or administrator..
action, etc., not to abate on account of change of name of defendant; amend-
ment, etc.....

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1736

1828

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United States, designation of person on whom to serve the summons, in case of, 430
the State, when ground for publication, etc., of summons.
issuing warrant of attachment....
United States, presumption of death, in case of......
of witness to will must be accounted for, before testimony dispensed with, on
probate of will....

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id.; proof of handwriting of testator, when admitted..
testimony taken upon probate of will may be used on hearing for revocation of
probate, when witness absent from the State.....

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for temporary administration upon estate of absentee. (See ADMINISTRATOR,
TEMPORARY.)

ACADEMY:

what provisions not applicable to.....

....

......

1804

or select school, incorporated by regents, title as to voluntary dissolution of cor-
porations, not applicable to.....

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by plaintiff of offer of compromise made by defendant in action in justice's court, 2892
of tender. (See TENDER.)

of offer to liquidate damages. (See OFFER.)

of judgment. (See OFFER.)

of negotiable paper. (See NOTARY.)

ACCOUNT:

of money in custody of clerk of court of appeals.....

.....

clerk of New York marine court, must account for fees.................................
when cause of action accrues on ......
how pleaded; demand of copy of....

...................

of county treasurer, how kept and when rendered..
books of, discovery and inspection of......
production of, how compellable.........

reference of issue involving a long account.

.......

....

...

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......

...... ...... ....

752, 753

.............

....803-809

......

867

1013

1118

1133, 1162

1931

1968

2341, 2342

of commissioners of jurors of New York, how rendered................

for Kings county

......

...

of highway commissioner, or trustee of school district, execution collected on
judgments against, to be allowed on settlement of.....
district attorney must render to county court
to be filed by committee of lunatic, etc., annually
of proceeds of sale, etc., of real estate of infants, etc., must be directed, etc.... 2361
definition of "judicial settlement of account,” and “intermediate account," as
used in chapter on surrogate's court

......

.........

....

decree settling, in surrogate's court, must contain summary thereof..
when justice of the peace has not jurisdiction in action on...
pleading in action on account in justice's court...........
party may be compelled to exhibit, in such court.
judgment in justice's court when accounts exceed $400..

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9514

2551

2863

2941

2942

2950

action in justices' courts of Albany and Troy, when accounts exceed $400..
clerk of court of appeals to render account of fees..
id.; as to justice of the peace in Brooklyn.

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id.; as to clerks of certain courts of New York and Brooklyn.
id.; as to certain county clerks and registers...
what fees are to be accounted for by officer....

......

of moneys paid into court. (See PAYMENT INTO COURT.)

ACCOUNTS OF EXECUTORS AND ADMINISTRATORS:
presumptive evidence in action by creditor against heirs, etc......

executor or administrator of deceased executor, etc., compelled to account by

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application for settlement of, on petition for revocation of letters testamentary, etc. 2689
proceedings thereupon.

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neglect to appear on citation is ground for summary revocation of letters...............
decree on, may award relief for not setting apart exempt property..
intermediate accounting, when voluntary.

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person cited may bring in other parties; proceedings thereupon

executor, etc., may petition for judicial settlement; citation thereupon.
hearing; contesting intermediate account.

creditor, etc., not cited, may contest...

executor whose letters have been revoked may petition; proceedings.
affidavit to be annexed to account..

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vouchers to be produced; evidence of payment in case of lost voucher......... 2734
accounting party to be examined, etc

...... ......

2735

account of executor, etc., may at any time be ordered filed.
compensation of several executors or administrators....
when compensation not allowed.......

one compensation allowed on different letters.

.....

..... ......

surrogate may determine certain claims; hearing of contest.
effect of the statute of limitations on such claims
surrogate may allow for property lost, etc......
effect of judicial settlement of account...
decree for payment and distribution

id.; when specific property may be delivered.
id.; when money may be retained......

...

......

...... ......

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2744

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ACCOUNTS OF EXECUTORS, ETC.-Continued:

....

legacy, etc., to unknown person to be paid into State treasury
when legacy, etc., to be paid to county treasurer.
executor, etc., may be compelled to render account, on application of creditor
for sale, etc., of real property

ACCOUNT OF GUARDIAN:

judicial settlement of account may be allowed on his own petition.
ward or new guardian may require.

SECTION.

2747

2748

...

. 2753

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to be made and filed yearly in surrogate's office.
affidavit to be annexed thereto

......

.............

....... ...... ......

must be annually examined by surrogate..
proceedings when such account, etc., not filed or defective....
when judicial settlement of, may be compelled.
id.; as to guardian of person.

......

...... ...... ......

when guardian may compel judicial settlement of....
citation and proceedings thereupon.

.......... ....

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certain provisions relative to accounts of executors made applicable to..... 2850
appointed by will or deed, intermediate, may be required.......
affidavit thereto; examination thereof; proceedings when same not filed
defective.

....

or

when surrogate. may compel judicial settlement of account of guardian by
deed or will

.....

proceedings thereon, same as when guardian appointed by surrogate
effect of decree for such settlement...

.........

ACCOUNT OF TESTAMENTARY TRUSTEE:

intermediate accounting by testamentary trustee, when voluntary

id.; when, may be compulsory..

judicial settlement of account of testamentary trustee, how compelled..
id.; who may apply therefor; proceedings thereupon..
id.; on petition of such trustee

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2808, 2809

id.; certain provisions as to settlement of executor's accounts made applicable
to....

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justice of the marine court of New York may take.....

of indebtedness, repels presumption of payment of judgment.
must be in writing to bar limitation.

of bond in legal proceedings, required.........

2810

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of conveyance makes it evidence, but certificate not conclusive
of certain instruments make them evidence....
of assignment of judgment, when required
fees of officer for taking.

AUTION:

937
1262
..3289, 3291, 3298

...... ...... ...... ...... ......

......

not discontinued by change, vacancy, etc., in judges......
parties may stipulate to try elsewhere than at court-house, when....
abatement of. (See ABATEMENT.)

....

...... ......

..... ...... ....

trial of, once commenced, may be continued beyond term.
party to civil, may appear in person or by attorney...
effect of death or removal of attorney of party to, on ......
on mutual account when deemed to have accrued...
when deemed commenced within provisions as to limitations.
to what, chapter as to limitation of time to bring applies
includes special proceedings, etc., as used in chapter 4
civil, how commenced, in court of record....
severance of, against defendants severally liable.
against bail; requisite to

..... ....

.....

....

security required on injunction, staying proceedings in..
on undertaking given on obtaining injunction..
to recover attached property, etc......

.....

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....398-400

........ ....

414

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time fixed by law for commencement or continuance of, cannot be extended
preference among, on calendar

.... ......

.......... ......

.............

......... ...... ......

bond taken in, continues in force after change of parties to
for damages occasioned by disobedience to subpœna
by witness arrested, against person causing.

......

.... .... ......

...... 863-86

ACTION-Continued:

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SECTION.

1205
1209

1220

1279-1281
1309, 2575
1394

may proceed against one or more defendants, where a several judgment has been
rendered against others.....
final judgment unless on merits does not bar second action..
severance of, if issues of law and fact presented.
subject of, may be submitted on case, proceedings on
upon undertaking on appeal, when not allowed.
for damages for levying on exempt property....
to recover property levied upon, may be brought after inquisition, when.... 1420
purchase price of real property sold on execution, on account of failure
of title.....
1479, 1480
not allowed on mortgage debt, while foreclosure is pending, except, etc....1628-1630
for money only, not affected by provisions as to action for a nuisance....
against guardian, trustee, etc., holding over, etc.; damages therein.
infant may maintain, etc., real action in his own name....
when replevin of chattel, equivalent to commencement of.
on undertaking in action for chattel, when maintainable.
misnomer of corporation on, must be pleaded
against directors of a corporation...

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by legatee for legacy, when deemed to have accrued.
by creditor against next of kin, etc., may be joint or several....
heirs or devisees must be joint.....

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causing death by negligence may be brought by execu-
tor, etc., when...
slander of a woman by imputing unchastity..
libel, when cannot be maintained

when may be brought by transferee of claim....
upon judgment regulated.

ancillary, for discovery abolished.

upon a penal bond..................

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1663

1664

1686

1693

1733

1777

1781-1783

1819

1838

1846

1861

.... ....

1881

1899

1900-1901

1903

1906

1907-1908

1909-1912

1913

1914

1915

1916

.1917, 1915

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by and against certain county, town and municipal officers......

to charge judgment upon property of joint debtors not personally served with

summons

...... ......

composition by one joint debtor; effect of, etc....
against persons engaged in transporting passengers, etc..
may be maintained against partner, not joined as defendant in
when may be brought to vacate letters patent..

for a forfeiture.

....

....

1926-1931
1932-1936

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on a recognizance.

1966

by the people for conversion of public funds..

1969-1972

......

relief formerly obtained by scire facias, quo warranto and proceeding by infor-
mation in the nature thereof to be obtained by.
when must be brought in name of the people....
by attorney-general, when separate ones must be consolidated on request of
defendant.

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upon lost negotiable paper...

by surety or trustee, to recover costs.

...... ......

...... ...... ...... ......

by or against unincorporated association

...... ...... ....

by tax payer, against a public officer....

against joint debtors..

....

when habeas corpus to testify can be issued in..
certiorari cannot issue to review determination of court of record or judge
thereof, in a civil action...........

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for damages by person dispossessed by summary proceedings to recover pos-
session of land..

....

....
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....2298, 2300

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against sheriff for failure to collect fine.
by person wrongfully evicted from real property in proceedings for discovery
of death of life-tenant.
committee of lunatic, etc., may maintain in his own name.....
to compel conveyance of real property of lunatic, infant, etc..
against party revoking, to recover costs, etc., of arbitration.
not to abate by change of name of a party thereto. ....
against sureties on official bond not barred or suspended by imprisonment or

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ACTION-Continued:

SECTION.

on undertaking on appeal from surrogate's court, when to be brought.
on bond of executor, etc., for money received in same or another capacity..2596-2609
in supreme court, to determine validity of probate of will...
temporary administrator, how far may maintain or defend.
time of pendency of action between creditor and executor, etc., not a part of
time limited for certain proceedings..

2581

.2653a
2672-2675

....

2751

... ......

2801

for reimbursement from after-discovered property, after sale, etc., of real
property of decendent for payment of decendent's debts......
upon bond given by third person claiming property attached in justice's court, 2913-2914
upon judgment against joint debtors in justice's court....

........

against constable for not returning execution or paying over money col-
lected......

.....

.... ......

......

......

....

relating to animals straying upon highway.
on judgment of justice of the peace
definition of, as used in the new revision
division of actions into civil and criminal.
definition of criminal action....

id.; of civil action.....

parties to civil action, how styled

......

....

......

......

...... .....

...... ......

3021

..3039, 3041
3082-3115
.3154-3155

3333

3335

3336

...... ....

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distinction between actions at law and suits in equity abolished.
word action refers to civil action......
application of provisions concerning commencement of action, and parties
thereto

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proceedings rightfully taken in, not affected by this act..
by or against unincorporated association. (See ASSOCIATION.)
as to the assignment of a cause of, and as to the rights of an assignee. (See As-
SIGNMENT; ASSIGNEE.)

by or against corporation. (See CORPORATION.)

for contribution between owners of real property sold on execution. (See CON-
TRIBUTION.)

upon bond for jail liberties. (See BOND FOR JAIL LIBERTIES.)

periods of limitation of. (See LIMITATION OF ACTION.)

place of trial of. (See TRIAL.)

consolidation of. (See CONSOLIDATION OF ACTIONS.)

continuance of, after transfer. (See CONTINUANCE.)

criminal. (See CRIMINAL ACTION.)

for proceedings, etc., in action to annul marriage. (See MARRIAGE.)

for proceedings, etc., in action for divorce and for separation. (See DIVORCE;
SEPARATION.)

to recover real property or its possession. (See EJECTMENT.)

for partition. (See PARTITION.)

for dower. (See DOWER.)

to foreclose a mortgage. (See FORCLOSURE.)

3352

to compel determination of a claim to real property. (See CLAIM TO REAL PROPERTY.)
for waste. (See WASTE.)

for a nuisance. (See NUISANCE.)

pendency of. (See NOTICE OF PENDENCY OF ACTION.)

in behalf of the people. (See PEOPLE OF THE STATE ATTORNEY-GENERAL.)

for public funds converted. (See PUBLIC FUNDS.)

to establish wills. (See WILL.)

against next of kin, heirs, etc., of deceased debtor. (See CREDITOR.)

by judgment creditor, after return of execution.

(See JUDGMENT CREDITOR)

(See COSTS; See PARTIES.)

ACTION TO ANNUL A MARRIAGE:

.... ......

when maintainable by woman under fourteen years of age...
in what other cases it is maintainable......
requisites of action, when party was under age of legal consent.
on ground that former husband or wife or party is living.

of idiocy of one of the parties........

that one of the parties was a lunatic.

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when action may be brought by next friend of idiot or lunatic.
issue of marriage annulled for idiocy or lunacy of party, legitimate
on ground of force, fraud or duress...

......

custody and maintenance of children of marriage annulled for force, fraud or
duress..

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