ACTION TO ANNUL A MARRIAGE - Continued: declaration or confession of either party not sufficient proof. ...... granting and vacating of order allowing next friend of infant or lunatic to bring where triable.... joinder of, with others.. ...... when cannot be maintained. ... when may be maintained by assignee. SECTION 1753 1753 1754 .... ........ ...... .... ... ...... ...... jurisdiction, etc., when replevin precedes summons............. ................ .... .... ...... .... .... .......... requisites of affidavit of plaintiff when made before service of summons. ...... ........ ...... .... ............ .... ...... .... ...... claim of title by third person; proceedings thereupon when defendant may except to sureties; proceedings thereon. when and to whom sheriff must deliver chattel, in.................. ................ ...... ...... ...... ...... when agent or attorney may make affidavit: what must contain. ...... .... ...... ...... ...... ...... ...... complaint in, must state whether taking, etc., wrongful. substitute in certain cases for finding of value in. ...... ...... ...... sheriff's power to take chattel on such execution. ...... ...... 1723 1724 1725 ... 1726 1727 1728 1729 1730 ................. sheriff's return is presumptive evidence in such action...... when injury or destruction of chattel, no defense to action on undertaking.. ...... .... ...... when defendant entitled to costs, of course, in such action... ... application of provisions concerning, after September 1, 1879... ACTION TO RECOVER A CHATTEL IN JUSTICES' COURT: defendant may except to sureties; proceedings thereupon. when and to whom constable must deliver chattel ..... 2923 .... ...... .... ...... ...... 2930 .... 2931 2932 2933 2957 3019 3038 3117 .... ...... ...... .......... ...... ...... ...... defendant may demand judgment for return. ACTION IN JUSTICES' COURT GENERALLY: ..........2876-2885 3215 .... 3223 3203 2861-2869 2886-2890 ............ on bond given by third person on claim to property attached. ...... ...... .... when may be maintained to recover costs paid on answer of title.... ...... ... 2953 2954 2979 may be maintained to recover back costs in justices' court wrongfully collected.. 3081 3082 3035 by petitioner and by officer in such case. against constable for failure to return execution of justice, etc.. ...... ...... 3159 how and by whom action for seizing animals maintainable (See ARREST IN JUSTICES' COURT; ATTACHMENT OF PROPERTY IN JUSTICES' COURT; COSTS IN 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. of proceedings on application of judgment debtor for discharge from imprison- .... of trial on submission of controversy to arbitration... ...... in action before justice of the peace; when justice may adjourn.......... 6 34 ..35, 36 2209 2248 ...... ...... .... ... 2368 of action in justices' court, on refusal of witness to be sworn....... .... (See, also, the titles of several courts.) ADMEASUREMENT: ...... of dower. (See DOWER.) ADMINISTRATOR: .... with will annexed; when and to whom letters may be issued..... 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 duties and powers of one to whom ancillary letters issued. ADMINISTRATOR, TEMPORARY: appointment of, when allowed.. application of chapter as to, to collectors............. TRATOR; LETTERS OF ADMINISTRATION.) 2108 ..................... writ of, shall be styled writ of assessment of damages....... ADULTERY. (See DIVORCE.) grantee of lands held adversely, and his heir or devisee may maintain action AFFIDAVIT: ...... .......... (See LIMITATION OF ACTION.) answer has effect of, on motion to vacate injunction... want of, or defect in, title of, does not impair.. ...... ...... to have time enlarged, must be served with order..... ... ..... ...... ...... ...... 728 to prevent notary's certificate from being evidence... ..... of service of notice, after death of affiant, when admissible.. ...... ...... ...... ...... ...... 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..... ex parte, shall not be received in evidence on trial in justice's court except by may be received on appeal from justice's judgment, when justice dies, etc., be- id.; when appeal is founded on error in fact, etc. when presumptive evidence, etc. (See DOCUMENTARY EVIDENCE.) inquest cannot be taken for want of, when answer is verified...... 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 ....... ...... ...... ...... 525 application for disposition of recovery in action for public funds, must be made wards of, considered towns as regards jury lists. ...... (See STATE PAPER.) ALBANY, JUSTICES' COURT OF: ALBANY, JUSTICES' COURT OF - Continued: SECTION. when plaintiff may be required to file security for costs, in action in; proceed- 3268-3279 ALIEN: marine court of the city of New York has no power to naturalize.... 318 404 jury partly composed of, not allowed............................... 1190 1781 ALIENATION: of property by director, etc., when may be restrained or set aside............ 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.. 451 452 497 ...... .... 539-540 542-543 722-724 725 727 730 1303, 2575 .... ...... .... .... .... when complaint in replevin must be amended to conform to verdict.. ... 1997 to writ of or return to mandamus, not allowed without special application to court, 2080 2132 ... allowed when party has changed name, while action or special proceeding of defects in proceedings on appeal from surrogate's court, when allowed. 2575 2944 .... when allowed of papers, etc., on appeal from judgment of justice. ...... 3049 3055 ANCILLARY: as to ancillary letters. (See LETTERS TESTAMENTARY; LETTERS OF ADMINIS- ANIMAL: action or special proceeding relating to, found straying, etc. (See STRAYS.) of warrant of attachment, sheriff's duty after...... to be served before expiration of time for appearance, when.... ...... |