DEATH- Continued:
error in joining as defend nt, a stockholder who is dead, amendable....
action for causing, by negligence may be brought by executor, etc., when,.
SECTION
1813
1902
1903, 1904
1903, 1904
1920
damages therein, and distribution thereof......
....
2310
2344
....
of members of unincorporated association does not affect action against.
prisoner under sentence of, cannot be brought up on habeas corpus to testify... 2011
of tenant for life, when presumed
disposition of property of lunatic, in case of...
effect of death of party, upon proceedings to submit controversy to arbitration, 2382
appeal in surrogate's court, after death of adverse party.
proceedings in such court when party dies pending appeal.
order of substitution in such cases....
2575
2575
2575
or disability of witness to will, must be proved before his testimony dispensed
with on probate of will...
id.; proof of handwriting of testator, when admitted..
remaining executors, etc., may act in case of death of one..
or disability of executor, etc., not to affect execution of decree for sale.
undertaking on appeal from justice's judgment, how filed in case of death or
........... ....
disability of justice, etc.
proceedings on such appeal, where justice dies before return. ..........
proof of judgment in case of death, etc., of justice of the peace............. .......
id.; how proved when docket book lost or destroyed.....
proceedings to discover death of life-tenant. (See DISCOVERY OF DEATH OF
LIFE-TENANT; also, ABATEMENT.)
DEBT:
charged on property, effect of judgment for, against heir or devisee.
classification of, in action by creditor of decedent....
charge of, upon real property of decedent...
1821
1835
1859
of infant, lunatic, etc., to be paid equally out of proceeds of sale of real property, 2364
debtor of judgment debtor may pay to sheriff in supplementary proceedings... 2446
general jurisdiction of surrogate's court as to debts of decedents..
provisions concerning jurisdiction of such court..... ....
jurisdiction of surrogate's court, how affected by locality of.
definition of, as used in chapter on surrogate's courts.
payment of, by temporary administrator, when may be allowed or enforced...
due to resident, when to be paid by one to whom ancillary letters have been
issued.....
2473
2473-2483
2478
2514
....
2674
service of summons upon....
arrest of......
attachment of property of.
when debtor of judgment debtor allowed to pay debt to sheriff.........
(See JOINT DEbtor.)
discharge of insolvent from his debts. (See Insolvent Debtor, Discharge of,
FROM HIS DEBTS.)
discharge of insolvent from arrest. (See INSOLVENT DEBTOR, EXEMPTION FROM
ARREST.)
discharge of judgment debtor from imprisonment on execution. (See JUDGMENT
DEBTOR.)
due to executor, etc., may be proved on a settlement of account.
must be specified in decree for sale of real property of deceased....
petition and proceedings to compel payment, etc., by testamentary trustee, 2804-2806
due to testamentary trustee may be proved on settlement of account
disposition of real property of decedent for payment of (See REAL PROPERTY,
DISPOSITION OF, etc.)
2811
DECISION:
of motion to vacate, etc., provisional remedy, how soon required..........
of court on trial by, when to be filed......
when increased damages are allowed....
........... ...... ....
when defendant may be arrested in action for, before justice of the peace..
(See FRAUD.)
DECEDENT'S ESTATE. (See SURROGATE; SURROGATE'S COURT ; REAL PROPERTY,
DISPOSITION OF, FOR PAYMENT OF DEBTS of Decedent.)
DECEIT :
of court on trial of demurrer.
of issue of fact...
judgment upon, after trial of issue of fact...
......
(See, also, JUDGMENT.)
of board or officer included in term "determination," in provisions concerning
certiorari....
of surrogate on trial, to be in writing and filed.
time within which New York marine court must file.
definition of.
DECLARATION:
of party not alone sufficient proof in action to annul marriage.....
DECREE:
.......... .... ...... ....
.... ...... .... ...... ...... ....
2551
2552
.... ......
surrogate may open, vacate, etc., decree, in or out of court...
when to be noted in margin of record...
in surrogate's court, definition of......
settling account must contain summary thereof.....
when evidence of assets....
for money how docketed, etc......
enforcement of, by execution or proceedings for contempt.
of surrogate's court may be affirmed, reversed, etc., on appeal....
contents and effect of decree revoking letters...
admitting will to probate must state whether or not probate was contested...... 2623
when validity, etc., of will must be determined by.
of surrogate on probate of will; contents and effect of..
2553
2554-2555
2587
....
2603, 2604
.....
on application for revocation of probate...
on probate of heirship; record and effect; vacating same.......
on application for administration...
2625
2626-2628
2652
2656-2659
2665
2684-2690
2712
2718-2719
.. ...... ..............
.....
for revocation of letters
in proceedings for discovery of property withheld from executor, etc.
on petition to compel payment of debt or legacy by executor, etc....
on judicial settlement of account of executor, etc., may award relief for not set-
ting apart exempt property...
on judicial settlement of account, effect of........
of surrogate's court for payment and distribution by executor, etc., of assets,
In proceedings to dispose of decedent's real property for payment of debts,
....
•
2743-2748
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............................
2146
2545
3173
3343, sub. 5
...... 1753
2481
2499
2550
in proceedings to compel payment, etc., by testamentary trustee....
of surrogate's court, for payment and distribution, or delivery of property, by
testamentary trustee; share of infant.....
2811
....
............
made on judicial settlement of account of testamentary trustee; effect thereof, 2813
on resignation of testamentary trustee....
2814, 2819
that guardian, appointed by will or deed, give security, etc.
2853
effect of, for settlement of account of guardian appointed by deed or will................ 2857
appeal from, in surrogate's court. (See APPEAL; JUDGMENT.)
...... ............
DEED:
purchaser at sale under foreclosure by advertisement requires none............ 2400
appointing guardian must be recorded...........
2851
........ ....
for provisions relating to such guardianship. (See GUARDIAN; CONVEYANCE.)
DEFAULT:
judgment by. (See JUDGMENT; MOTION.)
783
1526
........ ....
relief from consequence of failure to plead, etc.....
effect of judgment by, in ejectment.....
in partition, court must ascertain rights of parties before judgment, when de-
fendant is in..
recovery of dower against infant, by collusion or default of guardian, does not
prejudice rights.
1605
1545
....
proceedings on subsequent, after payment into court of amount due, in fore-
closure..
id.; where part only of property sold, in foreclosure.
judgment by, in action to determine claim to real property
damages, how ascertained on, in action for chattel...
judgment annulling marriage not to be rendered by, without proof, etc....
judgment not to be taken by, in action for divorce, without proof.............
1635
1636
1645
1729
1753
1757
DEFAULT- Continued:
SECTION.
1774
..... ......
regulations concerning judgment by, in matrimonial actions..
when defendant makes, in justice's court plaintiff must prove his case.......... 2891
in action before justice of the peace; what plaintiff must prove to obtain judg-
ment by default, after arrest of the defendant...
judgment how taken by default before justice of the peace......
in not appearing on return of summons, may be opened in justice's court of
Brooklyn.....
2903
...... ...... ...... .......
2988
3128
DEFECTS:
in process, pleadings, etc., when disregarded.....
721-723
certiorari or habeas corpus to inquire, etc., shall not be disobeyed for any
formal..
......
jurisdiction of surrogate's court not lost by defect in record.
certain provisions relating to, apply to proceedings in surrogate's court
in proceedings on appeal from surrogate's court, how remedied..
(See AMENDMENT.)
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DEFENCE:
when seizin within twenty years essential to validity of..
rules of limitation apply to.......
of statute of limitations, how pleaded............
in action where summons served by publication, etc.....
dilatory, must be verified...
(See PLEADING.)
statement of, in pleading.
sham, stricken out on motion...
in action against bail.
none to action on undertaking for attachment, that it was improperly granted..
to action on undertaking given on attachment of vessel.
when injury or destruction of chattel no defence to action on undertaking in
replevin
in action for divorce..
in action for a separation.
neglect of creditor to present claim to executor, etc., no defence to action
in action by creditor against deceased debtor's next of kin, etc..
to surety in action on sheriff's official bond......
foregoing provisions applied to action on other official bonds.
effect of transfer of cause of action on rights to......
action for discovery, in aid of, abolished......
what, is available in action to charge judgment upon property of defendant
jointly indebted but not served......
rights of joint debtor not affected by composition of co-defendant....
improper joinder of parties not a, in action against persons engaged in trans-
portation, etc., unless..
...... ........ ...... ...
appearance by, when and how made....
........
effect of service upon, of notice of no personal claim...
admission of service of summons upon, requisites of........
personal service of summons upon.
substitutes for personal service in certain cases..
served by publication, when allowed to come in and defend...............
who may be made.
how designated in summons, when person and name unknown.
severally liable, action against.....
jointly liable, action against....
when allowed to defend as poor person..
infant, must appear by guardian ad litem..
when may demand copy of the complaint.
what must be separately stated as, in return to alternative mandamus..
under statute of limitations in proceedings to dispose of real property of dece-
dent for payment of debts....
or counter-claim may be interposed by heir, etc., to proof of debt on judgment,
in such proceedings..
.... ......
when affidavit of debtor, a defence to sheriff or jailor in action for escape.
to action upon a claim bought, etc., by justice of the peace or constable..
in action on bond for jail liberties. (See BOND FOR JAIL LIBERTIES.)
of sheriff, in action for escape. (See ESCAPE.)
(See, also, ANSWER.)
1735
1757
1765
1837
1856, 1857
1884
1886-1889
1909
1914
1945
2077
2755
2757
3036
3139
445
447
451
454-456
457
463-467
471
479-480
DEFENDANT-
Continueu:
only pleading of, is demurrer or answer......
arrest of, in an action, when allowed.
application to vacate order of arrest..
how and to whom made; new proof..
when discharged by failure of plaintiff to charge him on execution..
arrested, discharge of, upon bail or deposit.
may be surrendered by his bail..
...... ...... ...... ...... ...
when property of, may be attached..
...... ...... ........ .........
motion by, to vacate or discharge attachment..
interposing a counter-claim entitled to provisional remedies.
bringing on cause for trial, must furnish copies of papers, when....
may demand that place of trial be changed to proper county......
judgment may be for or against one or more..............
.... .... ......
rendered against one, and action proceed against others..
when entitled to notice of application for judgment by default.
who must be made, in action of ejectment...
who may be made, in action of ejectment..
ouster to be proved in action of ejectinent against joint-tenant..
severance of action, in ejectment against two or more.
severance of action, in ejectment after death of........
may apply for new trial in ejectment, after trial of issue of fact when....
in action for partition, who must be made....
who may be made...
1515
.1516, 1517
.1522, 1523
1525
1538
1539
1540
.... ......
creditors holding liens may be made.....
who is served, by publication, etc., of summons, not al-
lowed to defend after final judgment.
each defendant in action for, and his representatives,
bound by final judgment...
1557
1557
final judgment in, must award costs to the plaintif against, 1559
costs awarded against unknown defendant in, how col-
lected.....
1559
court must provide for protection of rights of unknown
owners
proceedings on death of one or more.
.... ...... .... ...... ........
1572
1588
in action for dower, who must be made.....
1597
who may be made.
.1598, 1599
not liable for damages for portion of property not occupied
or claimed by him...
..... .... ........ .... ......
may plead assignment of it to widow....
may agree to pay gross sum in lieu thereof..
in action to foreclose a mortgage, any person liable to the plaintiff for the debt
may be made a defendant..
when entitled to judgment and costs in action to determine a claim to real
property.
................................ ........
....
Corporation may be a party to such action.
in action for waste, who liable as.
guardian liable to ward in action for waste....
when judgment in action for waste awards forfeiture of estate of...
joint-tenant liable to co-tenants in action for waste...
in action for nuisance, who may be made ........
when persons holding over liable as trespassers
joint-tenant or tenant in common may sue co-tenant to recover his just
proportion....
...... ..........
...... ....
in action for cutting trees, when liable for treble damages.
name, of, in notice of pendency of action, to be indexed.....................
may file notice of pendency of action, when.
.... .....
......
cancellation of such notice......
how restrained from committing waste during pendency of action..
when may except to sureties on undertaking given in replevin........
when agent or attorney may make affidavit for, in replevin.....
personal liability of one personally served, in action to foreclose a lien upon a
chattel..
1739
when foreign corporation may be.....
1780
who may be joined as, in action by creditor against legatees, etc., of decedent.. 1838
when compelled to convey and deliver property or books to receiver..........
1877
rights of, not affected by transfer of cause of action....
1909
....
..... ....
........
SECTION.
487
549-555
567
568
572
573-590
591-601
637
682-696
720
981
986
1204
1205
1219
1502
1503
1602
1604
1618
1627
1640
1650
1651
1653
1666
1668
1672
1673
1674
1681
1703
1712
DEFENDANT - Continued:
omission to join proper person as, when must be taken by answer.
action to charge, jointly indebted but not served with summons.......
jointly indebted may compound separately with creditor..
(See, also, JOINT DEBTOR.)
......
... 1952
liability of, on refusal to deliver books and papers belonging to office....
unknown claimants may be, in action by attorney-general to recover real
property escheated.......
when entitled to have separate actions brought by the attorney-general,
consolidated
1979, 1980
officer or person against whom State writ issues shall be styled.
when return to State writ must be under hand of..............
must be personally served with State writ.
who deemed to be, in application for writ of prohibition..
when may be designated by fictitious name in summons before justice of the
peace
in action in justices' court, may offer to compromise.
in justices' court, when may be arrested in action in justices' court.... 2894 2695
neglecting to set up counter-claim in justices' court, when barred from maintain-
ing action thereon....
when may require security for costs...
when party is styled defendant in civil action..
when entitled to costs. (See COSTS.)
(See PARTY.)
DEFINITE :
and certain, motion to require pleadings to be made......
DEFINITIONS:
of criminal contempt....
general rules of practice..
judicial department
trustee of express trust.
counter-claim...
property, as used in provisions relating to receiver.
order.......
......
motion.
....
.. ...... ......
general and special verdict.....
final or interlocutory judgment.
as used in article as to sale of real property, under execution.
next of kin, as used in certain section
certain terms used in chapter on surrogate's courts...........
general and miscellaneous definitions of words and terms used in the re-
vision.....
...3333, 3343
.......................... .....
SECTION
1929
1937-1941
.. 1942
DELIVERY:
...... .... ......
...... ..........
of money or property to party.
of property, execution for....
of possession of real property under judgment, how directed and enforced.
of personal property by testamentary trustee, how may be compelled...... 2804–2806
(See DEPOSIT.)
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DEMAND:
limitation of action which cannot be commenced without.....
complaint must contain demand of judgment....
when complaint may demand interlocutory and final judgment.
of affirmative judgment by defendant in answer.
when widow only entitled to damages from time of, in action for dower....
demand of judgment, in complaint and in answer in action to determine claim to
real property.....
id.; to determine claim for dower..
to be made by sheriff for chattel which he is directed to replevy.
notice of demand of judgment for return of chattel by defendant..
when necessary before action on official bond....
... .... ....
of books and papers by party declared entitled to office....
1951-1952
or notice necessary in summary proceedings for recovery of possession of real
property, in case of non-payment of rent......
of possession of animal in proceedings relative to animals found straying.
id.; when animal willfully set at large by third person.
id.; how may be made after final order, etc....
1182
1200
143
....1870, 1905
2514
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