DEFAULT- Continued: ...... SECTION. ... ...... regulations concerning judgment by, in matrimonial actions. DEFECTS: 1774 2891 2903 2988 3128 in process, pleadings, etc., when disregarded..... 721-723 certiorari or habeas corpus to inquire, etc., shall not be disobeyed for any jurisdiction of surrogate's court not lost by defect in record.. none to action on undertaking for attachment, that it was improperly granted.. when injury or destruction of chattel no defence to action on undertaking in in action for divorce.. in action for a separation. neglect of creditor to present claim to executor, etc., no defence to action 599 642 1735 1737 1765 1837 in action by creditor against deceased debtor's next of kin, etc.. 1856, 1857 to surety in action on sheriff's official bond.. 1884 foregoing provisions applied to action on other official bonds. what, is available in action to charge judgment upon property of defendant rights of joint debtor not affected by composition of co-defendant..... 1944 1945 what must be separately stated as, in return to alternative mandamus.. 2077 2755 or counter-claim may be interposed by heir, etc., to proof of debt on judgment, 2757 3036 3139 when affidavit of debtor, a defence to sheriff or jailor in action for escape. DEFENDANT: (See, also, ANSWER.) appearance by, when and how made...... effect of service upon, of notice of no personal claim.. substitutes for personal service in certain cases.. .... served by publication, when allowed to come in and defend............... 421 .... how designated in summons, when person and name unknown. 572 when discharged by failure of plaintiff to charge him on execution.. 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.. rendered against one, and action proceed against others.............. 1205 ... ...... .......... .... .......... when entitled to notice of application for judgment by default..... who may be made.. ...... ...... final judgment in, must award costs to the plaintif against, 1559 not liable for damages for portion of property not occupied may plead assignment of it to widow... in action to foreclose a mortgage, any person liable to the plaintiff for the debt when entitled to judgment and costs in action to determine a claim to real ...... 1627 1588 ...... .............. .... ...... 1597 ...... ....... .1598, 1599 1640 when judgment in action for waste awards forfeiture of estate of.... ...... .... ..... ...... .... .... ...... .... 1653 1655 .... ...... .... .... .... 1656 how restrained from committing waste during pendency of action.. 1681 1703 1712 personal liability of one personally served, in action to foreclose a lien upon a who may be joined as, in action by creditor against legatees, etc., of decedent.. 1838 DEFENDANT - Continued: omission to join proper person as, when must be taken by answer..... (See, also, JOINT DEBTOR.) .... SECTION 1929 .1937-1941 .. 1942 .... 1952 liability of, on refusal to deliver books and papers belonging to office ........ officer or person against whom State writ issues shall be styled. must be personally served with State writ... .... who deemed to be, in application for writ of prohibition. peace in action in justices' court, may offer to compromise 1989 1934 1895 1999 20:3 9884 2812 2894 2895 in justices' court, when may be arrested in action in justices' court. when may require security for costs... DEFINITE: (See PARTY.) .... and certain, motion to require pleadings to be made.................. judicial department trustee of express trust.... .... counter-claim..... 219 .... 449 501 property, as used in provisions relating to receiver.. 713 order. as used in article as to sale of real property, under execution. certain terms used in chapter on surrogate's courts..... DELIVERY: 1200 of possession of real property under judgment, how directed and enforced.. 1675 2804-2806 (See DEPOSIT.) DEMAND: limitation of action which cannot be commenced without...... complaint must contain demand of judgment.... when complaint may demand interlocutory and final judgment.. when widow only entitled to damages from time of, in action for dower.... id.; to determine claim for dower.. .... .... .... ...... .... .... to be made by sheriff for chattel which he is directed to replevy. ...... 410 481 483 509 1600 1639 1649 1701 1725 1891 of books and papers by party declared entitled to oflice.... of possession of animal in proceedings relative to animals found straying. DEMAND - Continued: separate owners may severally demand possession in sucd case.. DEMURRER: in Buffalo superior court; where tried.................... ...... .... ...... .... to be served before expiration of time for appearance, when. ...... ........ must distinctly specify objections. .... ...... ...... .... ...... .......... ...... .... ...... ...... ...... .... ...... ...... ...... .... ...... ...... to counter-claim, etc., in answer, for insufficiency. pleading over, or amendment, after decision of. ...... .... ........ ...... SECTION. 3110 297 421 421 422 487 488 ..... ...... ..... ...... ...... ...... ........ objections may be taken by answer, instead of, when. to partial defence.. need not be verified... to pleading, etc., as frivolous. .... ...... ...... ... ...... ...... ...... .... ...... ...... ... .... ...... ...... .... to amended pleading, effect of failure to serve.................... to be tried before one judge.. .... .... ............ ...... .... ........ .... ...... ...... .... ..... .... decision or report of court or referee upon trial of... of money, etc., in court, or delivery to party; court may order...... in lieu of undertaking, on appeal. (See UNDERTAKING.) DEPOSITION: 2538 right of plaintiff to have defendant's taken, not affected by certain provisions... 1878 DEPOSITION TAKEN, AND FOR USE WITHIN THE STATE: of a person, not a party to action pending, or about to be brought. - DEPOSITION TAKEN, ETC. Continued: deposition, how taken by consent. SECTION where witness confined in jail or prison.... 877 .... ...... ...... ........ ...... original affidavits are presumptive evidence of facts therein alleged, etc.. ................. .... ...... to be used on motion, how taken, etc.... .... how taken; subpoena to witness where commission has issued..... justice of the peace may take, when. taking and returning. penalty for not obeying such subpœna.. DEPOSITION TAKEN WITHOUT THE STATE: .... ...... ...... .... .... .... .... .... .... in what cases commission, with written interrogatories, may issue.. .... 879 883 884 885 886 914 915 916 917 918 to be annexed to commission; directions for return. ..... ......... last two sections not applicable where adverse party is infant, lunatic, etc.. order to take deposition.... before whom such deposition may be taken.. commission, or order, how executed and returned. is evidence.. ... .... ...... ........ .... .... .... ...... .... .... .... ...... ............ ........ .... .... ...... ..... ...... .......... when interrogatories may be in foreign language. DEPUTY CLERK: cannot practice in his court..... DEPUTY SHERIFF. (See SHERIFF.) DESCENT CAST· rights not to be affected by..... DESIGNATION: by a resident, of person on whom summons may be served..... ............ issued by justice of the peace may be served........ of general term justice. (See SUPREME COURT.) DETAINER: ...... ...... ........ forcible. (See ENTRY.) DETERMINATION: as used in provisions concerning certiorari, etc., what to include..... of claim to real property, action for. (See CLAIM TO REAL PROPERTY; ACTION.) heir may maintain action for partition of devised property, on establishing devise complaint in partition must set out ownership dependent upon executory. |