ATTACHMENT OF PROPERTY—Continued.
SECTION.
703
704
705
708
.............. ......
709
709
710
710
711
712
rights of junior plaintiff, in action by sheriff and senior plaintiff..
junior plaintiff may be allowed to sue jointly with sheriff......
rights of third and other subsequent attaching creditors...............
satisfaction of judgment in favor of attaching creditor.
disposition of property, after discharge of.
after vacating and annulment of warrant.
books, papers, undertakings, etc., when delivered to defendant.
defendant to be substituted in sheriff's action, when.....
of real property, notice of, when canceled..... ......
return of warrant, after same is vacated, etc.
arrest and injunction, when not granted together..
application to obtain, vacate, etc., how soon decided..
defendant interposing counter-claim entitled to a provisional remedy
proof of the levy of, etc., when required on application for judgment.
warrant of, cannot be granted in controversy submitted....
levy not to be discharged on appeal.
execution, when warrant of, has issued..
order of preference of warrants of, and executions, etc....
levy under execution cannot be made in certain cases unless warrant of, va-
cated or annulled..
719
719
....
720
1217
1281
1311
1370
...... .... ....
1407, 1408
......... .............. ....
1415
1421-1427
1690, 2919
....
action against officer, for levy, etc., rights of indemnitors..
action cannot be maintained to recover chattel taken under..
certain provisions concerning, applicable to warrant in action to foreclose chat-
tel lien
1738, 1740
in action to charge judgment upon property of defendants jointly indebted but
not served........
1940
people, public officer, etc., not required to give security on warrant of.
1990
additional allowance in action when warrant of, has issued....
3252, 3254
when warrant is said to be "annulled".
.3343, sub. 12
application of certain provisions concerning, on and after September 1, 1877... 3347
ATTACHMENT OF PROPERTY IN JUSTICE'S COURT:
warrant; in what actions it may be granted.............
what must be shown to procure...............
form and contents thereof.
undertaking.
how executed...
service of summons and warrant upon defendant..
undertaking by defendant; re-delivery thereupon.
claim by third person, bond and delivery thereupon
action upon bond.
when defendant may prosecute bond....
return of warrant....
motion to vacate or modify warrant...
effect of vacating warrant...
proceedings when summons not personally served....
title of purchaser at sale under, not affected by a restitution ordered on reversal
of judgment...
ATTACHMENT OF PROPERTY IN MARINE COURT OF THE CITY
OF NEW YORK; DISTRICT COURT OF NEW YORK; AND JUS-
TICES' COURTS OF ALBANY AND TROY. (See TITLES OF THOSE
COURTS.)
.......
..... ...... ...... ...... ......
...... ...... ...... ......
... .... ...... .... .... .... .... .....
ATTENDANTS:
...... ...... ...... ......
93.
of courts, not to practice as attorneys...
upon supreme court, etc., in New York and Kings counties.
of court of appeals, to be appointed and removed by it......
upon marine court of New York, to be appointed by clerk...
of justices' courts in Brooklyn, to be designated and their duties fixed by the
.... ....
common council.............
effect of this act upon.......
2905
2906
2907
2908
2909
2910
2911
2912
2913
2914
2915
2916
2917
2918
3058
ATTORNEYS AND COUNSELLORS:
.... ....
...... ...... .... ..........
.... ......
may be punished for misconduct....
process to be subscribed or indorsed with name of..........................................
judge, judge's partner or clerk, when not to act as.
parties may appear in person, or by.....
examination and admission of
oath of office and certificate of admission......
residing in adjoining States, may practice..
clerk, deputies, etc., not to practice in their own courts.
sheriff's and certain other officers not to practice as..
none but attorneys to practice in New York and Kings counties.
death or disability of, proceedings thereupon.
compensation left to agreement; lien of, for......
removal or suspension, for malpractice, crime, etc., proceedings, etc..
certain acts prohibited; disobedience, how punished, etc..
not to defend, when they have been public prosecutor; partner also prohib-
ited
·
........ .... ........ ......
but if prosecuted may defend in person....
court of appeals to make rules for admission of......
limitation of action against, for receipt of money or property..
must subscribe summons.....
......
........
to subscribe notice of appearance, answer, etc.
for plaintiff, may limit time for service of summons.
to be assigned to prosecute or defend for poor person..
of poor person, costs to be paid to......
appearing for two more or defendants to receive one copy complaint.
to subscribe pleading
verification of pleading, by, when allowed.
copy of account, by......
arrest in action against...
to subscribe order of arrest and may limit time for its execution..
privilege of, from arrest...
....
.....
...
must subscribe warrant of attachment...
when and how to subscribe offer of judgment.
service of papers on, how made. (See SERVICE.)
when to be served with papers, instead of party.
may bring action to dissolve corporation.
must bring action to annul corporation, when...
when, must bring action against corporation.
may bring action against usurper of office, etc.
proceedings in such action; trial, etc., judgment.
.... ...... ...... ......
not to disclose professional communications....
may execute satisfaction-piece of judgment within two years....
when notice of motion to set aside judgment may be served on....
service of notice of appeal upon..
ATTORNEY-GENERAL:
partner of, cannot defend action brought by.......
may bring action for penalty, etc., given to prosecutor; limitations thereof.
to be served with summons when State is party in partition........
may bring action against directors, etc., of corporation when..
1300-1302
for plaintiff in ejectment may be compelled to produce authority to appear, 1512-1514
to be notified to attend judge or referee on review of property, in action for waste, 1659
when may make affidavit for party in action of replevin....
parties to special proceeding instituted by State writ may appear by
surrogate not to be counsel or attorney, etc...
1712
clerk in office of surrogate cannot act as, before..
father or son of surrogate cannot practice as, before......
party to action in justice's court may appear by.
constable, law partner, or clerk of justice, cannot act as attorney in action before
justice of the peace....
.... ...... ......
...
authority of, to act, how proved in such action.
may make affidavit in action for chattel in justice's court..
justice of the peace for the sixth district in Brooklyn must be an........
intersted in recovery as compensation for services, not liable for costs...
liability of, for costs when defendant entitled to require security............
not entitled to witness fee, when attending in behalf of his client...
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...78 - 81
387
1594
1782
1786
1797, 1798
1808
1948
1949, 1950
ATTORNEY-GENERAL-Continued:
assumption of office by person entitled.....
.......
proceedings to compel delivery of books, etc., after demand.
damages how recovered in action brought by, against usurper of office..........
one action may be brought by, against several claimants to office.
injunction against persons illegally acting as corporation..
final judgment in action for usurping office, etc.
may bring action to vacate letters-patent, when......
trial of such action; judgment-roll, etc.....
when, must bring action for penalty or forfeiture....
must have notice of application for disposition of proceeds of action for conver-
sion of public funds....
AWARD. (See ARBITRATION.)
BAIL:
1975
1976
....
1977
1978
..... .... ......
1981
1982
.............
when, must bring such action..
must bring ejectment for real property escheated or forfeited, when.
notice of object of such action to be 'published.....
must report recoveries to commissioners of land office..
must bring action for personal property forfeited for treason
entitled to special compensation in action where relator joined with people..... 1986
must require relator to give security.
must join all causes of action on contract, existing against defendant..
when must consolidate actions against separate defendants.................
may apply for State writ in action by people...
1986
1988
1989
1993
payment of fees and tender of undertaking not required on service of habeas
corpus, issued on application of.....
2002
advice of counsel need not be sworn to, in affidavit for habeas corpus to testify
on application of.....
2012
2105
.....
may appeal in cases of habeas corpus and certiorari, in name of people..
...... 2059
when, must make application for writ of assessment of damages......
when order to show cause why insolvent should not be discharged, must be
served on.....
2165
2207
2290
2291
2616
2663
2747
3290
AUCTION:
sales of real property under judgment must be made at.
AUTHORITY:
......
service upon, of notice of application of judgment creditor to be discharged
from imprisonment....
undertaking in contempt proceedings, when to be prosecuted by.
when to prosecute action against sheriff for taking insufficient undertaking.
when to be cited on application for probate of will.
for letters of administration ..........
must have notice of application for legacy paid into State treasury.
may require searches in certain public offices to be made without fee..
(See, also, ATTORNEYS AND COUNSELORS.)
of attorney to subscribe offer of judgment, must be shown by affidavit........ 740
evidence of authority to appear for plaintiff in ejectment may be compelled,
1512-1514
evidence of authority of officer or court to act as surrogate, in case of disability, 2487
order of court at general term for that purpose.
2488
2489
how such authority is superseded.
letters testamentary, etc., are conclusive evidence of, etc.
2591
of attorney, to act in action before justice of the peace must be proved if re-
quired
2890
B.
..... ....
fictitious, punishment for putting in. ...
custody of persons surrendered in exoneration of.
effect of surrender by, where cause removed to or from superior city court....
where action removed to supreme from county court...
amount of, motion to reduce....
defendant discharged from arrest, on given or making deposits.
to be given at what stage of action....
573
573
573
..
......
may be given at any hour of day or night, etc.
defendant must have opportunity to prove..
defendant may elect to make deposit, give bond for liberties, or give bail, when, 574
contents of undertaking...
576
examination of persons offered as....
... ...... ......
copy of papers to be delivered to plaintiff's attorney..
notice of non-acceptance of....
notice of justification; new undertaking.
qualification of......
justification of, how made..
allowance of....
deposit with sheriff, instead of....
to be paid into court....
bail may be given after....
disposition of; when paid to third person.
....
sheriff, when liable as.
proceedings on judgment against..
liable to sheriff for omitting to justify.
sheriff to file papers, if bail not given.
may surrender defendant....
defendant may surrender himself in exoneration of..........
surrender, how made; exoneration of bail thereupon.
may arrest defendant for purpose of surrender.....
voluntary surrender in exoneration of....
sheriff, when to have rights and liabilities of................
proceeded against by action only......
execution; when necessary before suing..
duty of sheriff on such execution....
defenses in action against......
may be relieved, where principal is imprisoned, etc....
exonerated, in what cases....
provisions as to justification of, applicable to sureties on undertaking in replevin, 1705
of prisoner held on irregular commitment in habeas corpus..
2035
when such prisoner may be committed to another officer....
2036
certiorari may be issued on application for habeas corpus, when prisoner not
entitled to....
......
601
..... .....
.... ....
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.... ...... ...... ......
BANKING POWERS:
grounds for dissolving a corporation having.
BANKRUPT:
interest of, to be levied on under execution.....
BALLOTS:
to be prepared for drawing jury in justice's court.....
BANKING:
on certiorari, when and how ordered; by whom and how taken.
discharge of prisoner after, therein.
2041
2045, 2046
2047
2048
2057
service of order directing discharge upon giving, when complete....
person arrested for having prisoner in his custody, when entitled to.
discharge of prisoner on, not stayed by appeal taken by the people....
prisoner who appeals, may be admitted to bail.....
custody of prisoner until he gives such....
recognizance when valid for an adjournment, etc..
amount to be taken may be indorsed on warrant of attachment for contempt.... 2275
time for non-acceptance and justification of, in New York marine court
on arrest in New York marine court..................
2058
2060-2062
2063
2064
...... ...... ...... ...... ..............
3168
3180-3184
(See ARREST; TITLES OF THE DIFFERENT COURTS.)
BAILEE:
of judgment debtor, examination of, etc., in supplementary proceedings....2441-2459
as to foreclosure of lien of, upon chattel. (See ACTION TO FORECLOSE LIEN UPON
A CHATTEL.)
BAILOR:
corporation formed for, exempt from certain provisions as to voluntary dissolu-
tion of corporations....
.... ....
judgment against, how discharged...................
BANKRUPTCY:
.... ......
2231
of tenant under lease for three years or less is ground for summary proceedings
to remove him....
person adjudicated or discharged in, may be required to file security for costs, 3269
BAR. (See EVIDENCE.)
BASTARDY:
5
court may exclude public from trial of action for.......
action on bastardy bond may be brought in the district court of New York. 3215
BAWDY-HOUSE:
use of premises as, is ground for summary proceedings to recover possession... 2231
notice to be served by neighbor of, upon landlord; petition by neighbor in sum-
mary proceedings to recover possession, etc..
2237
BILLS OF EXCHANGE AND PROMISSORY NOTES:
attorney cannot buy, with intent to sue on.....
of money corporations, time to bring action on, unlimited.
parties to, may be joined in action...
rules as to counter-claims in actions upon.
may be attached ......
....
...... ...... ......
action against corporation on.
rights of parties to not affected by section 1909
indorser may recover costs incurred in suit by consent, etc., of maker.
action upon lost.
id.; by the people of the State.
protest of, etc., when evidence.
...... ......
BILL OF PARTICULARS:
court may order furnished.
(See DOCUMENTARY EVIDENCE.)
BOARD OR COMMITTEE:
oaths may be administered by, in certain cases......................
subpoena in certain cases before, how issued and served..
attorney cannot buy, with intent to sue on....
required of guardian ad litem of infant.
may be attached
.... ...... ........ .... ...........
action on such bond; judgment thereon.
when defendant may prosecute such..
BOARD:
as to mandamus or certiorari to. (See CERTIORARI; CORPORATION; MANDAMUS.)
BOARD FOR ENFORCEMENT OF JURY FINES:
in Kings county. (See TRIAL JURORS IN KINGS County.)
in New York. (See TRIAL JURORS IN NEW York.)
BODY:
"body or officer" in provisions as to certiorari, what to include...
BOND:
BOARDING-HOUSE KEEPER:
as to foreclosure of lien of, upon chattel. (See ACTION TO FORECLOSE LIEN UPON A
CHATTEL.)
...... ...... ......
when required of testamentary trustee.
when action on, may be brought in justice's court.
of third person on claim to property attached, in justice's court.
..... ...... ...... ...... ......
..73 - 77
393
454
502
648
1778
1909
1916
1917
1918
of receiver..
....
.... ....
levy upon, under execution.
of guardian ad litem for infant party in partition, must be filed with clerk.
of guardian, in action for ward's legacy.
action upon a penal; damages recoverable.................
of committee of lunatic, on petition for sale of real estate.
of guardian of infant in such a proceeding....
how such bonds prosecuted
......
...
to prevent decree for discovery of property withheld from executor, etc..
may be required by decree for payment of legacy.
to be given by executor or administrator, before selling real property under a
decree...
2766, 2767
of purchaser at sale of land contract, in proceeding for sale, for payment of de-
cedent's debts
2780, 2781
2815, 2816
2862
2912
2913
2914
3161
73-77
475, 476
648
715
1411
1536
1820
notice of justification of sureties on plaintiff's undertaking for costs in New York
marine court....
1915.
2351
2352
2353
2713
2719
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