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

2957

2961, 2962

2963

2965

3050

3052

3069

3105

........

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

to obtain new trial in appellate court, on appeal from justice's judgment.
on appeal from final order, in proceedings relative to animals straying.
UNDERTAKING IN CERTAIN COURTS OF CITIES:
may be dispensed with by New York marine court on granting order of arrest
in certain marine causes.......

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of defendant after such arrest..
liability of surety on, when answer of title interposed in justices' 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....

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etc., of department of government of, how proved.
deposition for use in courts of. (See DEPOSITION.)
military pay, bounty, arms, equipments, etc., of persons in service of, exempt
from execution....

1393

defendant in partition; notice to be served or published.

....

prisoner held under mandate of court of, must be remanded on habeas corpus, 2032
legality, etc., of such mandate not to be inquired into....
proceedings on taking lands by.............

....

debtor to, cannot be discharged from imprisonment on execution upon his appli-
cation...

UNKNOWN:

parties, how designated in summons......

.....

prisoner detained by virtue of mandate of court or judge of, not entitled to
habeas corpus

property taken pursuant to statute of, etc., cannot be replevied, except,
etc.
.1690, 2919

... 2016

2034

2119

2218

451

1541

must be mentioned in complaint..

1542

costs against; execution therefor...

1559

court must provide for protection of rights of....

1572

or absent owners, shares of, after sale in,how disposed of, 1582
unknown or absent, presumption of death or non-exis-
tence of.

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service upon unknown party, of citation in surrogates' courts.
legacy, etc, to unknown persons must be paid into State treasury..

2523-2525

2747

how defendant, whose name is unknown, is designated in justice's summons...

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

.... 1948

. 1949, 1950

. 1951

one such action may be brought against several claimants to office..

1952

1953

1954

USURPER—Continued:

when injunction granted against..

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

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SECTION.
1955

1956

... 1984

...........

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

USURY:

(See ATTORNEY-GENERAL.)

transfer of cause of action to cancel instrument for

UTICA:
wards of, considered towns in respect to jury lists...
recorders' court of, is a court of record....

... 1987

1911

1041

2

civil jurisdiction prescribed..

3196

pending actions to be transferred to supreme court.
id.; papers to be transmitted to county clerk.......
power of supreme court in actions so transferred
proceedings in case of judge's disability...
service of subpœna....

3197

3198

3199

3200

....

3201

jurisdiction, etc., of judges in certain actions not affected... 3202

V.

VACATING:

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

1892

of ex parte order, allowing action to be brought on official bond.......
VALUATION:

of attached vessel. (See ATTACHMENT OF PROPERTY.)
VARIANCE:

between pleading and proof. (See PLEADING.)......

539, 540

material between pleading and proofs, how provided for.....
immaterial to be disregarded..

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

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may be received on Sunday.......

security on staying proceedings after, in ejectment or dower.
defects cured by..

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2943

... 1191
2991-2993
3008

6

616, 619

721

763

764

765

999, 1000
1183, 1184

1185

: 1186

1187

1188

1189

1192

1233

1234

1235

1507

1519

1520

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in action for negligent killing to specify day of death.
on trial of issues in proceedings for mandamus, must be returned to general or
special term.....

1904

2084

where plaintiff's title expires before trial..

report or decision in action to determine claim to real property, when defendant

VERDICT —Continued:

when must be certified to surrogate's court...

etc., in action for chattel in justice's court; what to state.
rendition of, in justice's court.....

in action in justice's court, plaintiff need not be called.

in justice's court, judgment upon

....

....

party may remit part of such verdict.....

.........

SECTION.

2548

2931

3007

3007

3014

3016

3086

....

3091

3096

3176

in proceedings relating to strays, when must fix amount of damages.
proceedings on, in special proceedings in justice's court relating to strays.
in such proceedings, in favor of person answering; proceedings thereupon..
when part of, may be remitted in New York marine court..........

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denying corporate existence of plaintiff or defendant, must be...... 1776
of complaint required in action to charge judgment upon property of defendants
jointly indebted, but not served

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required to return by party, to alternate writ of prohibition.

of petition of insolvent for discharge from his debts

2080

2098

2151

VESSEL:

or cargo, proceedings in case of attachment of. (See ATTACHMENT OF PROPERTY.)

of insolvent for exemption or discharge from imprisonment

for appointment of trustees to take care of property of imprisoned
criminal

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when record of bill of sale, mortgage, etc., of, is evidence....

VIEW:

of premises, in action for waste, when and how made; when not necessary.... 1659

VILLAGE:

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charter, ordinances, etc., of, how proved.

arrest in action to recover funds of..

attachment in action to recover property of..

941
549-555
637

action for cutting trees, when maintainable by; damages therein..

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to be produced and filed on accounting by executor, etc.; lost vouchers, 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 trustees; lost vouchers, etc., 2811
and filed on accounting by guardian, etc.; lost vouchers, etc 2850

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W.

WAGES:

costs in action for, by working women, in justice's court in Brooklyn..
enforcement of judgment of certain courts in favor of women for.
costs in such action in district court of New York

WAIVER:

of certain objections, by not taking in demurrer or answer...

right to trial by jury.

referee's oath.....

WARD. (See GUARDIAN.)

WARRANT:

...

SECTION.

3131

3221

3222

499

1008-1009

1016

against person, to attach witness for failure to appear, issued from marine court,
where may be executed.....

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from maring court to apprehend one for contempt, where may be executed.......
to seize chattel in action to foreclose lien; when granted....
issued against person disobeying writ of habeas corpus or certiorari
on habeas corpus for prisoner about to be removed from State, etc.; proceedings
thereon...

to put petitioner, in summary proceedings, in full possession of land
execution thereof....

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of commitment for contempt for omission of duty, what must specify..
second, for contempt may issue when accused does not appear..
for collection of fine; to whom issued, etc......

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requiring delivery of money, etc., to executor, etc., punishment for disobedience

to compel executor, etc., to make and file inventory..
may issue for punishment of executor, etc., for disobedience of order to account, 2727
testamentary trustee for disobedience of order to
account..

may issue to punish guardian for disobedience of order to account.
for person charged with criminal contempt before justice of the peace.

of commitment thereon; what to state..

2809

2850

2872

2874

for arrest of defaulting witness before justice; fine, how imposed, etc.... 2971, 2975

of commitment of recusant witness in justice's court.....

in such case, on decision in favor of person answering..

to sell animal, found straying in highway, etc................

service of, issued out of certain local courts..

of attachment, additional allowance, where it has been issued..

when said to be "annulled".

(SEE ATTACHMENT OF PROPERTY; id.; OF THE PERSON.)

of arrest. (See, also, ARREST.)

(See, also, CONTEMPT.)

3001-3003

3091

3096

3201

3252

3343, sub. 12

WARRANT OF COMMITMENT. (See CONTEMPT; WITNESS; WARRANT.)

WASTE:

when action for, may be brought in superior city court.
damages on vacating injunction in ejectment or dower, include.

263

617

after sale of real property on execution. (See SALE UNDER EXECUTION.)
action for, triable by a jury.

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WASTE - Continued:

by ward against guardian ....

by grantee of real property sold on execution against one in possession.
judgment must award treble damages ...

when judgment must award forfeiture of defendant's estate.

may be maintained between joint tenants, etc......

when plaintiff may elect to have partition or treble damages..
interlocutory judgment in such case..

damages may be deducted from defendant's share, when, etc..

view of premises in action for, when not necessary; when and how made.
defendant, how restrained from committing, during pendency of action.

of corporate funds, action to prevent...............

action by taxpayer to prevent......

........

revocation of letters, on account of. (See REVOCATION.)

WATER RATES:

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when judgment for sale of real property must direct payment of.................................. 1676
WESTCHESTER COUNTY:

stenographer for supreme court, county court, etc., in......
court to direct additional jurors to be drawn, instead of talesmen..

WIDOW. (See WIFE; MARRIED WOMAN; DOWER.)

WIFE:

256, 257
1171

and husband, when may be witnesses for and against each other....
may release to husband, inchoate right of dower, in partition.
action to annul marriage, on ground former one is living..
when may maintain action for divorce.....................

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surviving, action by creditors of deceased against (see CREDITOR).
not included in term "next of kin ".

non-resident wife of insolvent applying for discharge from debts, may be com-
pelled to appear on trial, when..............

of criminal, may apply for appointment of trustee of property during imprison-
ment...

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of mortgagor, when barred by sale on foreclosure by advertisement.
when to be cited on application for probate of will.....

to have notice of application for appointment of committee for husband.......
of mortgagor or grantee, notice of sale under foreclosure by advertisement to
be served on......

.....

2325

2388

2395

2615

temporary administrator of absentee may provide for support of..

2677

may proceed against executor, etc., for not setting apart exempt property.
decree as to, on judicial settlement of account....

2720

2721

application for guardian of infant married woman..

2524

action by creditor against wife of deceased debtor. (See Creditor.)

as to matrimonial actions. (See ACTION TO ANNUL A MARRIAGE; MARRIAGE;
DIVORCE; SEPARATION.)

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limitation of action to establish.....
when action to establisn, may be brought....
effect of judgment establishing, on construction of..........
judgment in such an action, that will be established..
proof of lost or destroyed, in certain cases
action to determine validity, construction or effect of..
what provisions applicable to those made before, as well as after passage of this
act....

....

...

382

1861

1862

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......

1865, 1867
1866, 1867

1867

.......

when barred by a prior decree of a surrogate's court.
action by child born after, or by witness to, against legatees, etc...
receiver may be appointed to succeed deceased sole executor in action to estab-
lish, etc.....

1866

1868

1869

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

jurisdiction of surrogate's court....

copy of will of non-resident to be transmitted to secretary of State

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