Слике страница
PDF
ePub

ACTION TO ANNUL A MARRIAGE - Continued:

declaration or confession of either party not sufficient proof.
when court must order issues to be framed and tried......
judgment in, how far conclusive.............

......

[ocr errors]

granting and vacating of order allowing next friend of infant or lunatic to bring
action
ACTION TO RECOVER A CHATTEL IN A COURT OF RECORD
requisition issued by marine court in, to be directed to sheriff......
within what time, it must be brought..
when an interpleader ordered in....
is triable by a jury..

where triable....

joinder of, with others..

......

when cannot be maintained.

...

when may be maintained by assignee.

SECTION

1753

1753

1754

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

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

...

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

jurisdiction, etc., when replevin precedes summons............. ................
when plaintiff in, may require sheriff to replevy......

....

[ocr errors]

....

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

[ocr errors]

requisites of affidavit of plaintiff when made before service of summons.
when made after service of summons..
id., where several chattels are to be replevied.
provision where part only of chattels is replevied.
requisites of plaintiff's undertaking for replevin..
duty of sheriff in replevying chattel.
how chattel to be taken from building, in........
how replevied chattel to be kept by sheriff
to be delivered to party entitled to possession, on payment of his fees and expenses, 1702

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

[ocr errors]
[ocr errors]

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

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

......

claim of title by third person; proceedings thereupon
action against sheriff on such claim, when must be brought.
indemnity to sheriff against such action.....

when defendant may except to sureties; proceedings thereon.
when defendant may reclaim chattel; proceedings thereupon.
sureties in undertaking, when and how to justify..

[blocks in formation]

when and to whom sheriff must deliver chattel, in.................. ................
penalty for wrong delivery by sheriff, in
undertaking of party to whom chattel is delivered, is to be delivered to adverse
party

[blocks in formation]
[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

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

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

when agent or attorney may make affidavit: what must contain.
second and subsequent replevin; proceedings thereupon..
replevin, when order of arrest has been granted..
return by sheriff after replevin in; how compelled..
replevin papers to form part of judgment-roll in.
action not affected by failure or inability of sheriff to replevy..
when and how plaintiff may abandon his claim in part..
title, how stated in pleading, in.....

......

....

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

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

complaint in, must state whether taking, etc., wrongful.
wrongful taking or detention, how stated in complaint.
when plaintiffin, may recover damages for injuries to chattel caused by defendant, 1722
defendant may set up title to chattel in third person..
answer that chattel was distrained doing damage.
defendant may demand judgment for return.
verdict, etc., in, what to state

[ocr errors][merged small][ocr errors][merged small][merged small][merged small]

substitute in certain cases for finding of value in.
verdict, etc., for part of several chattels; judgment thereupon.
damages, how ascertained on default, in.......
final judgment in; docketing, etc.
execution; contents thereof, etc.

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

sheriff's power to take chattel on such execution.
action on undertaking, when maintainable...................

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

1723

1724

[ocr errors]

1725

...

1726

1727

1728

1729

1730

[blocks in formation]
[blocks in formation]

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

sheriff's return is presumptive evidence in such action......

when injury or destruction of chattel, no defense to action on undertaking..
abatement and revival of.....

...... ....

......

[blocks in formation]

when defendant entitled to costs, of course, in such action...
when increased costs allowed to defendant......
costs allowed on settlement of such action

...

application of provisions concerning, after September 1, 1879...

ACTION TO RECOVER A CHATTEL IN JUSTICES' COURT:

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

defendant may except to sureties; proceedings thereupon.
defendant may reclaim chattel; proceedings thereon
justification of sureties.

when and to whom constable must deliver chattel
penalty for wrong delivery by constable.
claim of title by third person...

[ocr errors]
[blocks in formation]
[blocks in formation]

.....

2923

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

[blocks in formation]

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

[blocks in formation]

2930

....

2931

2932

2933

2957

3019

3038

3117

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

[ocr errors]

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

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]
[blocks in formation]

defendant may demand judgment for return.
proceedings in the action; action en undertaking.
proceedings when summons not personally served..................
when action not affected by failure to replevy
undertaking given before justice in such action, is available in new action com-
menced after answer of title......
transcript of judgment in action, and docketing.
execution upon justice's judgment in such action
when may be brought before justice of the peace in Brooklyn.
when may be brought in district court of New York.....
id.; when may be brought in justices' courts of Albany and Troy............
as to costs. (See COSTS IN JUSTICES' COURT.)
ACTION TO FORECLOSE LIEN UPON A CHATTEL:
when and in what courts maintainable.
warrant to seize chattel; when granted..
contents of judgment in ......
action in inferior court.
article does not affect existing right to foreclose, or any method speciallyprescribed, 1741
may be brought in district court of New York.
id.; in justices' court of Albany and Troy.
id.; in city court of Yonkers......

[blocks in formation]

ACTION IN JUSTICES' COURT GENERALLY:
of what actions, justice of the peace has jurisdiction...........
commencement of action; service and return of summons.......
appearance of parties; appointment of guardians.
justice to wait one hour for parties......

..........2876-2885

3215

....

3223

3203

2861-2869

2886-2890

[blocks in formation]
[ocr errors]

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

on bond given by third person on claim to property attached.
when defendant in such action may maintain action on such bond........
on undertaking in action for chattel; evidence therein; defence thereto...
proceedings in replevin, where summons not personally served..................
when such action not affected by failure to replevy.....
when cannot be maintained for cause constituting a counterclaim............................. 2947, 2948
new, to be brought, after answer of title.......

......

......

....

when may be maintained to recover costs paid on answer of title....
for damages against defaulting witness.....

......

...

2953

2954

2979

[merged small][merged small][ocr errors]

may be maintained to recover back costs in justices' court wrongfully collected.. 3081
against person suffering, etc., animals to stray in highway
for false imprisonment against sheriff, etc., refusing to discharge debtor
imprisoned on justice's execution, etc..

3082

3035

by petitioner and by officer in such case.

against constable for failure to return execution of justice, etc..
id.; for failure to pay over money collected, etc....
by owner of animal willfully set at large..

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

3159

how and by whom action for seizing animals maintainable
transfer of, to another justice when justice disqualified, about to remove, etc..3150-3152
application of provisions as to courts of record....
provisional remedies in New York district courts, and justices' court of Albany
and Troy.
fees and costs in, amount of

[merged small][ocr errors][merged small]

(See ARREST IN JUSTICES' COURT; ATTACHMENT OF PROPERTY IN JUSTICES' COURT; COSTS IN
JUSTICES' COURT; FEES.)

[blocks in formation]

3108

ADDITIONAL ALLOWANCE:

when granted.....

ADJOURNMENT:

of courts on Saturday must be to some other day than Sunday......

of record, proceedings on........................

when judge fails to appear.

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

of record, in case of war, etc.

not to produce abatement, etc......

of trial of issues in summary proceedings..

SECTION.
.3252-3253

of proceedings on application of judgment debtor for discharge from imprison-
ment on execution....

....

of trial on submission of controversy to arbitration...

......

in action before justice of the peace; when justice may adjourn..........

6

34

..35, 36

[blocks in formation]

2209

2248

......

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

2368

[blocks in formation]

of action in justices' court, on refusal of witness to be sworn.......
in justices' court in Brooklyn, when costs imposed as condition of.
of trial of certain marine causes, in New York marine court..........
of trial, costs upon....

....

(See, also, the titles of several courts.)

ADMEASUREMENT:

......

of dower. (See DOWER.)

ADMINISTRATOR:

....

with will annexed; when and to whom letters may be issued.....
application for, proceedings thereupon....
renunciation, etc., of persons having prior right.
must qualify, give bond, etc.

[blocks in formation]
[blocks in formation]

2645

2649

2650

2660

2660

2661

2662

2662

2663

2664

2665

2666

bond of....

2667

remaining administrator may act, when one or more become disqualified, or
have there letters revoked.....

[blocks in formation]

duties and powers of one to whom ancillary letters issued.
as to account of. (See AccoUNT OF EXECUTORS AND ADMINISTRATOR.)
(See, also, EXECUTOR AND ADMINISTRATOR; LETTERS OF ADMINISTRATION.)

ADMINISTRATOR, TEMPORARY:

appointment of, when allowed..

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

application of chapter as to, to collectors.............
revocation of letters to. (See REVOCATION; ACCOUNT OF EXECUTOR OR ADMINIS-

TRATOR; LETTERS OF ADMINISTRATION.)

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

2108

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

writ of, shall be styled writ of assessment of damages.......
(See ASSESSMENT OF DAMAGES.)

ADULTERY. (See DIVORCE.)
ADVERSE POSSESSION:

grantee of lands held adversely, and his heir or devisee may maintain action
of ejectment in name of grantor.

AFFIDAVIT:

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

(See LIMITATION OF ACTION.)

answer has effect of, on motion to vacate injunction...
upon issuing of attachment, to be filed...

want of, or defect in, title of, does not impair..

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

to have time enlarged, must be served with order.....
of party or sureties, to undertaking.
before whom may be taken....

...

[blocks in formation]

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

728

[blocks in formation]

to prevent notary's certificate from being evidence...
of printer, of publication of notice.

.....

of service of notice, after death of affiant, when admissible..
to accompany submission of case upon agreed facts...

......

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

......

......

to be delivered to sheriff, on direction to replevy chattel, contents of......1695, 1696

when court may allow certiorari to be heard upon.......

1697

2139

of sale and posting of notice, on foreclosure by advertisement.....
to be annexed to petition for voluntary dissolution of corporation...
to be annexed to executor's account. ....

[blocks in formation]
[blocks in formation]

ex parte, shall not be received in evidence on trial in justice's court except by
consent.

[blocks in formation]

may be received on appeal from justice's judgment, when justice dies, etc., be-
fore making return.

[blocks in formation]

id.; when appeal is founded on error in fact, etc.
and other paper to be carefully filed and preserved by justice of the peace.
definition of...

[blocks in formation]

when presumptive evidence, etc. (See DOCUMENTARY EVIDENCE.)

[blocks in formation]

inquest cannot be taken for want of, when answer is verified......
AFFIRMATION. (See OATHS AND AFFIRMATIONS.)

AFFIRMATIVE JUDGMENT:

demand of, in answer, regulated....

AGENT:

limitation of certain actions by principal, against.

limitation of action against, for money or property received.

when may verify pleading..

when may make affidavit for party, in replevin

ALBANY:

county, jail liberties for .......

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

[blocks in formation]

525

[merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors]

application for disposition of recovery in action for public funds, must be made
at special term held in.

[ocr errors]

wards of, considered towns as regards jury lists.

......

(See STATE PAPER.)

[merged small][merged small][ocr errors][merged small]

ALBANY, JUSTICES' COURT OF:
is a court of record....
application in summary proceedings to recover land may be made to justice of, 2234
service of copy of complaint with summons; proceeding thereupon.......3207, 3208
action to be commenced by summons. Arrest; attachments; replevin ...3209-3211
proceedings when title to real property is in question.

[blocks in formation]

ALBANY, JUSTICES' COURT OF - Continued:

SECTION.

when plaintiff may be required to file security for costs, in action in; proceed-
ings thereon

3268-3279

ALIEN:

marine court of the city of New York has no power to naturalize....
enemy, limitation of actions by and against......

318

404

jury partly composed of, not allowed...............................

1190

1781

ALIENATION:

of property by director, etc., when may be restrained or set aside............
ALIENEE. (See GRANTEE.)

ALIMONY:

in action for divorce or separation.....................

ALLOWANCE:

......

(See DIVORCE; SEPARATION.)

....

....

1769

1996

2562

2563

3252 3253

3253

3254

3262

of State writ, must be indorsed thereon..
additional when surrogate may grant....
upon sale of real property of decedent..
additional, to plaintiff in foreclosure, etc..
to either party in difficult, etc., cases...
limitation of, under last two sections.
how computed on taxation of costs....
as to allowance by surrogate, on settlement of account of executor, trustee, etc.

[blocks in formation]

451

452

497

...... ....

539-540

542-543

722-724

725

727

730

1303, 2575
1728
1813

.... ......

.... ....

....

when complaint in replevin must be amended to conform to verdict..
when error in names of stockholders, in action against them, cured by....
provisions as to, in actions, apply to special proceedings institued by State
writ......

... 1997

to writ of or return to mandamus, not allowed without special application to court, 2080
of writ of certiorari.

2132

...

allowed when party has changed name, while action or special proceeding
pending

[blocks in formation]

of defects in proceedings on appeal from surrogate's court, when allowed.
of pleadings in justice's court.

2575

2944

....

when allowed of papers, etc., on appeal from judgment of justice.
to return of justice, on appeal.....

......

3049

3055

ANCILLARY:

as to ancillary letters. (See LETTERS TESTAMENTARY; LETTERS OF ADMINIS-
TRATION.)

ANIMAL:

action or special proceeding relating to, found straying, etc. (See STRAYS.)
ANNULMENT:

of warrant of attachment, sheriff's duty after......
when warrant of attachment said to be annulled.

[blocks in formation]

to be served before expiration of time for appearance, when....

......

« ПретходнаНастави »