INDEX. A. ABANDONMENT. (See SEPARATION, ACTION FOR.) ABATEMENT OF ACTION OR SPECIAL PROCEEDINGS: 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. 766 784 1521 1522, 1523 not produced by death of public officer, trustee, etc... .... ...... ...... .... id.; action to be divided, after death of party, when, etc. .... .......................... ...... .... of action by or against executor or administrator.. 1736 1828 United States, designation of person on whom to serve the summons, in case of, 430 id.; proof of handwriting of testator, when admitted.. for temporary administration upon estate of absentee. (See ADMINISTRATOR, ACADEMY: what provisions not applicable to..... .... ...... 1804 or select school, incorporated by regents, title as to voluntary dissolution of cor- by plaintiff of offer of compromise made by defendant in action in justice's court, 2892 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................................. ................... of county treasurer, how kept and when rendered.. reference of issue involving a long account. ....... .... ... ...... ...... ...... .... 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 ...... ......... .... decree settling, in surrogate's court, must contain summary thereof.. 9514 2551 2863 2941 2942 2950 action in justices' courts of Albany and Troy, when accounts exceed $400.. id.; as to clerks of certain courts of New York and Brooklyn. ...... of moneys paid into court. (See PAYMENT INTO COURT.) ACCOUNTS OF EXECUTORS AND ADMINISTRATORS: executor or administrator of deceased executor, etc., compelled to account by application for settlement of, on petition for revocation of letters testamentary, etc. 2689 neglect to appear on citation is ground for summary revocation of letters............... person cited may bring in other parties; proceedings thereupon executor, etc., may petition for judicial settlement; citation thereupon. creditor, etc., not cited, may contest... executor whose letters have been revoked may petition; proceedings. vouchers to be produced; evidence of payment in case of lost voucher......... 2734 ...... ...... 2735 account of executor, etc., may at any time be ordered filed. one compensation allowed on different letters. ..... ..... ...... surrogate may determine certain claims; hearing of contest. id.; when specific property may be delivered. ... ...... ...... ...... 2744 ACCOUNTS OF EXECUTORS, ETC.-Continued: .... legacy, etc., to unknown person to be paid into State treasury ACCOUNT OF GUARDIAN: judicial settlement of account may be allowed on his own petition. SECTION. 2747 2748 ... . 2753 to be made and filed yearly in surrogate's office. ...... ............. ....... ...... ...... must be annually examined by surrogate.. ...... ...... ...... ...... when guardian may compel judicial settlement of.... .......... .... certain provisions relative to accounts of executors made applicable to..... 2850 .... or when surrogate. may compel judicial settlement of account of guardian by ..... proceedings thereon, same as when guardian appointed by surrogate ......... 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.. 2808, 2809 id.; certain provisions as to settlement of executor's accounts made applicable justice of the marine court of New York may take..... of indebtedness, repels presumption of payment of judgment. of bond in legal proceedings, required......... 2810 of conveyance makes it evidence, but certificate not conclusive AUTION: 937 ...... ...... ...... ...... ...... ...... not discontinued by change, vacancy, etc., in judges...... .... ...... ...... ..... ...... .... trial of, once commenced, may be continued beyond term. ..... .... ..... .... security required on injunction, staying proceedings in.. ..... ...... .... ....398-400 ........ .... 414 ........ ...... .... .... ...... ...... ...... time fixed by law for commencement or continuance of, cannot be extended .... ...... .......... ...... ............. ......... ...... ...... bond taken in, continues in force after change of parties to ...... .... .... ...... ...... 863-86 ACTION-Continued: ...... ...... ...... ...... ...... ..... ...... ...... .... SECTION. 1205 1220 1279-1281 may proceed against one or more defendants, where a several judgment has been ...... ...... ..... by legatee for legacy, when deemed to have accrued. causing death by negligence may be brought by execu- when may be brought by transferee of claim.... ancillary, for discovery abolished. upon a penal bond.................. 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 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.... for a forfeiture. .... .... 1926-1931 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- 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.. for damages by person dispossessed by summary proceedings to recover pos- .... .... .... ....2298, 2300 against sheriff for failure to collect fine. ACTION-Continued: SECTION. on undertaking on appeal from surrogate's court, when to be brought. 2581 .2653a .... 2751 ... ...... 2801 for reimbursement from after-discovered property, after sale, etc., of real ........ against constable for not returning execution or paying over money col- ..... .... ...... ...... ...... .... relating to animals straying upon highway. id.; of civil action..... parties to civil action, how styled ...... .... ...... ...... ...... ..... ...... ...... 3021 ..3039, 3041 3333 3335 3336 ...... .... distinction between actions at law and suits in equity abolished. proceedings rightfully taken in, not affected by this act.. by or against corporation. (See CORPORATION.) for contribution between owners of real property sold on execution. (See CON- 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; 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 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... of idiocy of one of the parties........ that one of the parties was a lunatic. when action may be brought by next friend of idiot or lunatic. ...... custody and maintenance of children of marriage annulled for force, fraud or |