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APPEAL FROM SURROGATE'S COURT — Continued:

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decree revoking probate, etc.; not stayed.
perfected appeal stays proceedings in other cases.
appeal, where heard; proceedings thereupon..
power of appellate court; further testimony.
judgment or order upon appeal...............
award of jury trial upon reversal in probate cases.....
costs of appeal.....

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in proceedings to dispose of real property for payment of debts of decendent;
sale after appeal....
APPEAL IN MARINE COURT OF THE CITY OF NEW YORK (See
MARINE COURT OF THE CITY OF NEW YORK.)

APPEARANCE:

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by defendant in action, how made....
requisites of notice of...

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voluntary general, equivalent to personal service of summons.
notice of, may contain demand of copy complaint...
supplementary proceedings only authorized on judgment after personal service

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APPELLANT:

party appealing is designated the.
APPOINTMENT:

of judges or terms not affected by new code....
APPRAISERS:

of....

jurisdiction acquired by, in surrogate's court.
of party in surrogate's court effect thereof.
of party not cited on probate of will......
who may appear on hearing of petition for probate of heirship
who may appear on application for administration.

in justices' court; action may be commenced before justice of the peace by
parties may appear in person or by attorney..
guardian ad litem for infant plaintiff....
for infant defendant.....

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when constable, etc., may not act as attorney.
authority of attorney; how proved....
of plaintiff required after notice of arrest of defendant: effect of failure to

2890

appear

2899

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to subscribe and swear to value of attached vessel......
clerk in office of surrogate cannot act as, before..
fees of........

(See, also, VESSEL.)

APPROVAL:

of bond or undertaking. (See BOND OR UNDERTAKING.)
ARBITRATION:

limitation of action, where claim has been submitted to.....
subpoena in, how issued and served.....
when submission to, cannot be made..

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what controversies may be submitted, and how.
appointment additional arbitrator, or umpire.
time for hearing, adjournment, etc......
arbitrators to be sworn....
attendance of witnesses, etc.
all the arbitrators to meet; when majority may award; fees..
award; to be authenticated; etc..
motion to confirm award.....
award; when vacated; rehearing.
when modified or corrected.
motions; when to be made; notice thereof.
costs on vacating award....
judgment on award; when and how entered; costs....
judgment-roll; docket of judgment.
effect of judgment; how enforced
appeal from order or judgment.
effect of party's death, lunacy, etc. proceedings thereupon..........

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ARBITRATION- Continued:

revocation of submission........

ARREST:

liability of party who revokes, for fees, etc..
limitation of recovery against him
application of this title..

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(See Submission OF CONTROVERSY.)

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on Sunday, when allowed......

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for non-payment of interlocutory costs, when allowed.....
of money adjudged due on contract, etc., forbidden...
custody of prisoner under....
of prisoner, etc., going to jail, not allowed.
prisoner under order of, entitled to jail liberties.
escape of prisoner under order of, sheriff's liability for..
of sheriff, by coroner.

119

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149

158, 159
. 174-177
.179, 180

by coroner, where sheriff is plaintiff.
orders of, when delivered by sheriff to successor, and duties of new sheriff,
upon such delivery

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privilege from; discharge of privileged person...
attorney and other court officers, when privileged from.
defendant has twenty days to answer, after..
motion to vacate order, etc, when to be made....
how and to whom made....
opposition to.......

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order of, granted by marine court, to be directed to sheriff..
not allowed, except by express statutory authority, in civil action, etc...
writ of ne exeat ablolished....
when plaintiff's right to, depends on nature of action.
depends partly on extrinsic facts.
when the fraud, for which arrest is to be made, must be alleged in the complaint,
order, when and where made.............

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proof necessary to obtain....
order of, may be granted at any time after commencement of action.

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when of right and when discretionery.
recovery of foreign judgment not to affect right to..
of women, when allowed.
of lunatic, etc., or infant under 14, not allowed, discharge, etc.......
of person sued in representative capacity, not allowed, except for personal act, etc,
order of, required; when and by whom made.............

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may be granted to accompany summons.
made by judge, security upon................
made by court, security upon..
contents and requisites of; to whom directed...
plaintiff's attorney may limit time for execution of.
copies of papers to be delivered to defendant; originals to be filed........
order of, how executed.

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plaintiff's duty when defendant is in actual custody..
supersedeas, unless defendant is discharged in execution, etc....
defendant to be discharged on bail or deposit.....
when defendant may elect to give bail, etc., or a bond for jail liberties.
undertaking of bail; examination and justification; qualification of.....
deposit of money with sheriff....
substitution of bail for....
deposit with sheriff upon, disposition of..
when paid to third person.

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SECTION.

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sheriff, when liable as bail....
sheriff to file papers, if bail not given...
bail may arrest defendant......
injunction and attachment, when not granted together...
application to obtain, vacate, etc., order, how soon decided..................
defendant interposing counter-claim, entitled to....
cases where defendant actually confined under order of, have preference on
caledar.
exemption from, of witness, while obeying subpoena. (See WITNESS.)
one summoned as a juror in New York and not attending, liable to......
one summoned as a juror in Kings county and not attending, liable to.
cannot be granted in controversy submitted...

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ARREST-Continued.

SECTION.

replevin where order of, has been granted in action for chattel...

1714

officer of unincorporated association exempt from, in action against association, 1921
in action to charge judgment upon property of defendants, jointly indebted, not
served......

of person usurping office, in action in name of the people.............
people, public officer, etc., not required to give security on.

...

of person having custody of prisoner about being removed from jurisdiction of
court; proceedings, etc......

insolvent debtor to be released from, on discharge..

2054-2057
.2185, 2197

in action upon judgment, not allowed when defendant has been once discharged
from arrest thereon..

of delinquent, on warrant to collect fine.
warrant for, in supplementary proceedings; vacating same, etc....
undertaking may be required after arrest of judgment debtor.
application of certain provisions concerning, on and after September 1, 1877.... 3347
bail on (See BAIL.)

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.2437-2439
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exemption of insolvent debtor from. (See INSOLVENT DEBTOR; EXEMPTION FROM
ARREST, etc.)

ARREST IN COURT OF JUSTICE OF THE PEACE:
cases where order of, may be granted...........
in what actions defendant may be arrested..
upon what papers, order may be granted.
contents of order...

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duty of constable in executing it .

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return; when plaintiff notified must appear.
constable to keep defendant in custody.
motion to discharge defendant from such arrest.
effect of defendant's discharge from....
what plaintiff must prove to obtain judgment after order of arrest executed........ 2903
privilege from arrest.

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2004
2952

undertaking on answer of title, after order of......
adjournments of action in which defendant has been arrested.
2955, 2963
defendant must be discharged from, on adjournment by consent, etc., of action
before justice, when....

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ASSAULT WITH INTENT TO COMMIT RAPE:

court may exclude public from trial of action for. .....

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ASSAULT AND BATTERY:

limitation of action for.

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justice of the peace has no jurisdiction in action for......
on the high seas, action for, in New York marine court.
action for, cannot be maintained in district court of New York.
id.; in justices' court of Albany and Troy...

is included in term “personal injury" in the new revision.

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of defaulting witness before justice; fine, etc...
ARREST IN MARINE COURT OF THE CITY OF NEW YORK; DIS-
TRICT COURT OF NEW YORK, AND JUSTICES' COURTS OF AL-
BANY AND TROY. (See TITLES OF THOSE COurts.)

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ASSESSMENT. (See Tax.)

when judgment for sale must direct payment of......
ASSESSMENT OF DAMAGES:

when testimony required on, may be taken by commission.....
on judgment by default..

writ of, is a State writ. (See STATE WRITS.)
by relator, on trial of alternative mandamus.
writ of, defined..

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1990

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application for..
when applied for by attorney-general or district-attorney.
to whom directed ...........................
contents of ...
notice of execution of...........
jury, how procured, for...
jury to be sworn
proceedings of jury; discharge of jury not aggreeing; inquisition to be made.. 2111

2108

2109

2110

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2975

3215
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3343, sub. 9

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ASSESSMENT OF DAMAGES-Continued:

notice of application to court on such inquisition.....
court may set aside inquisition....
order on confirming inquisition....
State treasurer to pay damages, etc., to governor....
governor to pay damages into court.
investment of money so paid in........
how such money obtained by claimant..

writ of, may be allowed on taking of lands by the United States.

ASSETS:

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ASSIGNMENT:

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sufficiency or want of, not to be pleaded in action against executor.....
.... 1824
judgment against executor not evidence of, in his hands....
1824
damages recovered for negligent killing of deceased, distributed as unbequeathed, 1903
definition of, as used in chapter on surrogates' courts....
order for execution against, or decree directing payment by executor, etc., con-
clusive evidence of....

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2552

(See, also, PERSONAL PROPERTY.)

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ASSIGNEE:

person sued as, can only be arrested for his personal act..

555
1651

of tenant, when liable to action for waste........

of chattel, after its wrongful taking; when may maintain action to recover........... 1692
of insolvent debtor, action upon official bond of.....
1890
of cause of action; right of, to sue on..... ...
1909-1912
official, may consent to discharge of insolvent, under order of justice of supreme
court....

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ATTACHMENT FOR CONTEMPT:

official, of criminal imprisoned may be required to file security for costs,
when....

3268-3270
3271

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official, security for costs when required in action by..

(See OFFICIAL Bond; Insolvent DEBTOR, DISCHARGE OF, FROM HIS DEBTS.)

effect of judgment; execution thereupon....
subsequent action against members of.

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of dower is bar to action for dower....
of cause of action; effect of...........

1604
1909
1910
1912

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what causes of action transferable by
judgment, when transferable..............
made after filing of a petition for voluntary dissolution of a corporation, is void, 2430
of bond for jail liberties. (See BOND FOR JAIL LIBERTIES.)
of judgment. (See JUDGMENT.)

(See, also, INSOLVENT DEBTOR; JUDGMENT DEbtor.)
ASSOCIATE JUSTICE. (See COURT OF APPEALS; SUPREME COURT.)

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ASSOCIATION:

joint-stock, when deemed resident for purpose of determining jurisdiction
of superior city court ......

of county court.

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action or special proceeding by or against unincorporated, how maintained.
what is deemed an, for this purpose....

proceedings in case of death, etc., of member of..

officer cannot be arrested in such action.

ATTACHMENT OF PROPERTY:

warrant issued by marine court must be directed to sheriff...........
in what actions permitted......

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proof required to procure..
in action against public officer, etc., for peculation, etc.

(See CONTEMPT; SHERIFF; TRIAL JURORS; WITNESS.)

.263, 264

341
1919

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1920

1921

1921

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1923

1924

certain sections permissive; effect upon statute of limitations..
when objection of misnomer, etc., not available in action against...
action against joint-stock association engaged in transporting passengers, etc... 1945
consent of, to discharge of insolvent.....
2154

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(See CORPORATION; JOINT-STOCK ASSOCIATION.)

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ATTACHMENT OF PROPERTY — Continued:

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warrant, when and by whom granted......
service of summons after issue
affidavits to be filed, on procuring.
undertaking required, before granting.
must be subscribed by judge and attorney
contents of; to whom directed.....

interest in corporation may be attached.
cause of action arising on contract liable to..
negotiable securities liable to.....

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may
be issued at same time, to different counties
undertaking not invalidated by improper granting of.
sheriff must execute; manner of execution.
what interest in real property may be attached......
stock in, or unpaid subscription to stock of foreign corporation, may be
attached..

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of foreign vessel; how valued.

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sheriff to keep property attached.

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mode of levying under.
certificate of defendant's interest, etc., to be furnished to sheriff..
person refusing such certificate may be examined.....

rights of owners, etc., of vessels carrying defendant's goods..
when such owners, etc., deprived of such rights
sheriff to make inventory...

may maintain actions..

may be directed to sell perishable goods, animals, etc
claim to property attached, sheriff's jury may try.
proceedings on such claim, if finding is for claimant...
finding for defendant not to prejudice right of action of claimant..
of domestic vessel; claim of ownership....

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notice of application.
undertaking on such claim.....
when discharged......

when debtor may claim vessel.
sale of vessel...

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undertaking on such claim..
when discharged....
action on undertaking.
defence in such action; plaintiff's recovery.
sale of vessel...........

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may be directed to pay money into court, or may deposit..
to pay surplus to defendant, when..

plaintiff may bring actions in name of himself and sheriff.
sheriff to receive proceeds of such action....
not liable for costs of such action....
leave to bring such action, how obtained..

plaintiff, when joined with sheriff, after commencement of action.
court or judge to control proceedings in such action....
return by sheriff, of inventory, how enforced.......
motion to vacate or modify warrant, or increase security..
such motion, before whom and how made...

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of partner's interest, other partners may apply to discharge
undertaking on such application....
valuation of defendent's interest, on such application...
plaintiff when entitled to notice of application........
preferences between attachments....
rules as to levy under a junior attachment.

of foreign vessel; undertaking by junior creditor..........
when forbidden, after failure to give undertaking..

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may be opposed by new proof, etc,..
when prior motion not to prejudice subsequent motion..
when defendant may apply for discharge of.....
undertaking on such application......

application by one or more, of several defendants, and undertaking thereupon,
undertaking to be filed; sureties to justify.....
sheriff to retain property until justification..
provisions as to discharge, apply to vessels....

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