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INFANT - Continued:

special guardian of, in such court, when to be appointed....

child of absentee may be provided for by temporary administrator.
may compel executor to account.....

distributive share of infant in estate of decedent, how disposed of..
share in, in proceeds of sale, in proceedings for sale, etc., of real property of

decodent for payment of debts...

of the peace

id.; for infant defendant.

.....

appointment of general guardian for; power of surrogate's court.
surrogate may direct as to infant's maintenance...

guardian ad litem must be appointed for infant plaintiff in action before justice

INFORMER:

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costs against infant plaintiff, how payable, etc..
when may be required to file security for costs.
for appointment of general guardian. (See GUARDIAN, GENERAL.)
for accounting of guardian. (See Account.)

as to guardian for, appointed by will or deed. (See GUARDIAN BY WILL OR
DEED.)

INFORMATION:

proceedings by, in nature of quo warranto, abolished.

common, action by, for penalty or forfeiture.

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INHERITANCE:

.2514, sub. 13

definition of, as used in chapter on surrogates' courts.....
(See ISSUE.)

INHUMAN AND CRUEL TREATMENT: (See SEPARATION, ACTION FOR.)
INJUNCTION:

406
602

603

604

605

606
607

608

...... .... .... .... ......

against suing, etc.; effect of, on limitation of action......
writ of, abolished, and order substituted .........
where plaintiff's right to, depends on nature of action.
depends on extrinsic facts....
restraining State officers, restrictions on..
such injunction only granted by supreme court, at general term, and on notice.. 605
by whom order granted, in other cases
proof necessary to procure
at what stage of action granted.
notice of application for, when required.
defendant may be enjoined, pending an application for.
order must recite grounds; service thereof...
security on staying proceedings in certain actions, before trial
after trial.
to stay proceedings on money judgment, granted only on undertaking and pay-
ment into court..........
disposition of such money.
undertaking, canceled, etc., on decision against party obtaining.
after verdict, etc., in ejectment or dower, undertaking upon
damages on vacating, in such case, include waste....
undertaking in lieu of deposit, on granting....
both undertakings may be contained in same instrument......
in certain cases deposit and undertaking dispensed with................
undertaking required in all cases, except where otherwise prescribed...
special cases excepted from above provisions.....
damages by reason of, how ascertained..

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sustained by third person, by reason of.
action undertaking given on obtaining....
application to vacate or modify, without notice.
upon notice.
when prior motion to vacate, etc., not to prejudice subsequent application
new undertaking may be required upon application to vacate, etc..
motion relating to, effect of verified answer on.
arrest and attachment, when not granted together...
application to obtain, vacate, etc., how soon decided..
defendant interposing a counter-claim entitled to a provisional remedy..
time of stay by, is not a part of ten years to which lien of judgment is limited.. 1255
cannot be granted in controversy submitted.............

720

1281

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SECTION.
2530, 2531
2677

2726

2746, 2811

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.........

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.1894-1898

2887

2888

3249

3268-3270

....

......

2796

2821

2846

1983

609

609

610

611

612

613

614

615

616

617

618

618

619

620

621

623

624

625

626

627

628

629

630

719

719

INJUNCTION—Continued:

SECTION.

time of stay by, etc., is not part of time limited for issue of execution..... 1382
order to restrain defendant from committing waste during pending action...... 1681
temporary, in action against corporation....
in action to annul corporation.

1787
1801-1802
1806

1809

staying actions by creditors against corporation...
requisites of, against corporations in certain cases.
when party may be restrained from setting up or impeaching devise
may be issued, in judgment creditor's action to compel discovery of property.. 1876
in action to charge judgment upon property of defendants, jointly indebted, but
not served......

1866

INJURY:

to person or property, limitation of time to sue for........

proof of mitigating circumstances in action for
arrest in action for...

...

1940

in action against usurper of corporate franchises.

1955

1970
1990

when actions by other parties stayed in action by the people.
people, public officer, etc., not required to give security to obtain..
when granted to stay summary proceedings to recover possession of land...... 2265
in supplementary proceedings, restraining transfer, etc., of property..............2451, 2452
surrogate may enjoin executor, etc.
2481
certain provisions as to, not applicable to actions in New York marine court.... 3160
amount of costs for procuring order of... .......
3251
application of certain provisions concerning, on and after September 1, 1877.... 3347

INNKEEPER:

justice of the peace who is, has no power or jurisdiction, except, etc.
as to foreclosure of lien of, upon chattel. (See CHATTEL.)

INQUISITION:

as to appointment of committee for lunatic, etc. (See COMMITTEE.)
on writ of assessment of damages. (See ASSESSMENT OF DAMAGES.)
(See SHERIFF'S JURY.)

382-383

536
549

willful, woman may be arrested in action for.

553

to person or property, action for, may be brought before justice of the peace... 2862
in action for, to person or property, in justice's court defendant may be arrested, 2895
id.; when may be brought in district court of New York.
id.; when may be brought in justices' courts of Albany and Troy..
definition of "personal injury" and "injury to property'

3215
3223
10

99

INSANITY:

effect of, on time to maintain action.......
of notary, when renders original protest admissible in evidence..
(See LIMITATIONS.)

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INQUEST:

cannot be taken for want of affidavit of merits, when answer verified..........
INQUIRY, WRIT OF. (See WRIT.)

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INSOLVENCY:

....

of corporation for one year, ground for dissolution of.......
during term of a three year's lease, is ground for summary proceedings to re-
cover real property..
NSOLVENT DEBTOR, DISCHARGE OF, FROM HIS DEBTS:
who may be discharged...

to what court application to be made..
contents of petition for such discharge.
consents of creditors to be annexed.....
executor, trustee, or assignee.
a corporation....
a partnership.

of creditor does not affect remedy against joint debtor.
of a purchaser or assignee of a debt.....
consenting creditor must relinquish security.
penalty, if creditor swears falsely.

affidavit of consenting creditor.

when non-resident creditor to annex account, etc..
schedule of petitioner to be annexed to petition

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3343, sub.

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2866

980

1785

2231

2149

2150

2151

2152

2153

2154

2155

2156

2157

2158

2159

2160

2161
2162

INSOLVENT DEBTOR, Eto.- Continued:
affidavit to be annexed thereto..
order to show cause thereon....

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publication and service of such order..
hearing on order to show cause.....
putting cause on calendar, where there is opposition to discharge.
opposing creditor may file specifications and demand jury trial..........
id.; to file proofs if not named in schedule....
proceedings if jury do not agree...
when required to produce his non-resident wife...
examination of insolvent.
when cannot be discharged.
when assignment to be directed
assignment, contents; to whom made.
designation of trustees..

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what may be acknowledged...........

...... ......

2166

2167

2168

2169

2170

2171

2172

2173

2174

2175

2176

2177

2178

effect of such assignment...
when discharge to be granted...
proceedings where trustee refuses to give certificate.
discharge of, to be recorded......
discharge, effect of.
when discharge void,
invalidity of discharge may be proved on motion to vacate order of arrest...... 2187
debtor imprisoned on execution, who neglects to apply for discharge, after notice

2179, 2180
2181
2182-2185
2186

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from creditor, is barred from the benefit of foregoing provisions.
2217
debtor discharged from debts, etc., may be required to file security for costs... 3269
INSOLVENT DEBTOR, EXEMPTION, ETC., OF, FROM ARREST OR

costs. (See COSTS.)
judgment. (See JUDGMENT.)

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IMPRISONMENT:

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who may be exempted or discharged, and by what court.
contents of petition
schedule to be annexed to petition....
affidavit to accompany schedule
order to show cause.
hearing; opposition; trial, etc..
order directing assignment; assignment pursuant thereto....
when discharge to be granted; effect thereof.
discharge to be recorded, etc.

petitioner to be released from imprisonment.
debts not affected by the discharge.
discharge when void, validity of how tested.
debtor exempted from arrest may be required to file security for costs.
INSPECTION:

of books and papers. (See DISCOVERY.)

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INSPECTOR OF ELECTION:

no fee to be charged for administering oath to..
INSTRUMENT:

written, parties severally liable on, may be joined.......
for payment of money only, pleadings in action on.....
in action in justice's court.....

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INSURANCE:

dissolution of corporation having power to make.....
corporation formed for, exempt from certain provisions as to voluntary dissolu-
tion of corporation..........

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INTEREST:

46
828

733

in action, etc., disqualifies judge......
does not disqualify witness..
effect of tender on right to recover..............
judgment to bear..
to be computed on verdict and inserted in judgment..
to be allowed on verdict in action for negligent killing, from death to time of
entry of judgment....

1211

1235

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1904

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INTERLOCUTORY:

2188

2189

2190

454-457

534

2941
937

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2191

2192

2193

2194

2195

2196

2197
2198
2199
3269

3289

1785

2420

INTERMEDIATE ACCOUNT:

definition of, as used in chapter on surrogates courts.

INTERPLEADER:

by order, in certain cases

INTERPRETER:

of New York marine court. (See MARINE COURT OF THE CITY OF NEw York.)
of courts of record in New York and Kings counties..
for county court, sessions and surrogate's court in Kings county.
for police court and justices' courts of first, second, and third districts, Brook-
lyn; salary.

for justices' courts of fourth and fifth districts of Brooklyn; salary..
id. for sixth district of Brooklyn; salary.

id.; additional, how appointed; salary....

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INTERROGATORIES:

for examination of witness. (See COMMISSION; DEPOSITION.)

(See CONTEMPT.)

IRREGULARITIES:

relief against.

INTESTATE:

definition of, as used in this chapter concerning surrogates courts...
INTRUDER:

into office. (See USURPER.)

IRRELEVANT:

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matter may be stricken out

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committee of lunatic, etc., to file annually.....

proceedings to compel executor, etc., to make and file...

and account of general guardian to be filed yearly in surrogate's office.
affidavit to be annexed thereto..

(See DEFECTS.)

must be annually examined by surrogate
proceedings when such account, etc., not filed, or defective
may be required of guardian appointed by will or by deed; proceedings,
to be made of property attached in justice's court by constable....

....

INVENTORY:

on attachment. (See ATTACHMENT OF PROPERTY.)

when may be contradicted, in action against executor......

1832, 1834

executor not chargeable with debt stated in, unless he has collected same, etc., 183

1884

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SECTION.
2514, sub. 9

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feigned, abolished, and order substituted..

presented by the pleadings, arise when; kinds of........
when need not be tried

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what to be tried by one judge; regulation of trial of in the supreme court
notice of trial and note of issue; calendar to be prepared.....
how arranged on calendar...
how brought to trial.
to be prepared and settled, on trial by jury,

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93,9
360

ISSUE:

1749
1751

of marriage dissolved because former husband or wife, living, when legitimate, 1745
on ground of idiocy or lunacy, legitimate.....
custody and maintenance of, of marriage annulled on ground of fraud.
legitimacy of, born, etc., before action, when not affected by judgment of
divorce
1759, 176)
1739
176

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3121
3122

support of, pending and after such action..
support, etc., of, in action for separation....
in action for divorce or separation, court must direct as to support, education,
etc., of.
......1771-1772
id.; when such judgment or order enforced by punishment, as for contempt... 1773
born after will may bring action to recover his share of property...
ISSUES:

1868

3123

3124

2514

2341, 24

2715, 2715

24

243

2544

9845

etc... 283
2909-2913

of action to annul marriage.
of action for divorce....
when corporation must serve with answer or demurrer copy of order directing
trial of.

.721-724

545

977

978

980
1753

1757

1778

ISSUES-Continued:

order settling, unnecessary in action to vacate letters patent ...

for usurping an office or franchise
to be settled, when court directs, before trial of opposition to insolvent's dis-
charge from debts.....
how to be settled, for trial on opposition to insolvent's petition for exemption,
etc., from imprisonment.....

.... 2368

when to be joined in justice's court

when deemed to have been joined in appellate court on appeal from justice's
judgment.

(See ISSUE OF FACT; ISSUE OF Law.)

ISSUE OF FACT:

.......

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order for trial of...........

823

964

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........

how it arises....
must be tried, unless, etc.
issue of law and, arising in same action, how disposed of
must be tried by a jury, when..............

965
.966, 967
968
969

the court, when...
when trial by jury, of specific questions of fact, must and may be ordered.. 970, 971
not embraced in such order, how tried ...
foregoing provisions applied to counter-claim, when............
at what terms to be tried.

972

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JAIL:

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costs when several issues of fact joined............

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notice of trial and note of issue.
order of, on calendar
issue of law has preference over, when no jury in attendance..
trial of by court of referee..
decision of court, or report of referee on trial of..
trial of by special jury
mode of trial by jury......
and of law arising in one action; court may order severance, etc..
judgment on............. ..........

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J.

custody of civil prisoners in. (See PRISONER.)
prisoner may be conveyed to, through another county
for civil prisoners in New York, to remain the same..
in other counties to remain the same until changed.

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triable by jury in action for partition.........
how settled and tried, in action to annul marriage.

for divorce.....
when arise and how triable on return to mandamus
court may order them to be tried by a jury, on application for writ of prohibi-
tion

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in action in justice's court, trial of by justice

2099
2989
by a jury.....
2990-3009
costs when issue of law and of fact are joined and latter remains undisposed of, 3232

3233
3234

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SECTION.
1958
1950

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ISSUE OF LAW:

in superior court of Buffalo must be tried at general term
arises only on demurrer
must be tried, unless, etc....
and of fact arising in same action, how disposed of.
must be tried by the court

1021

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at term held by one judge only, except, etc.
order of, on calendar.
preference of, over issues of fact, when no jury in attendance...
may be tried, in what county.
decision of court or referee on trial of.....
and of fact arising in one action; court may order severance, etc....
judgment on...
final judgment after interlocutory judgment on...........
upon alternative writ of mandamus, when must be tried at general term.... 2085
costs when issue of fact and law are joined and former is not disposed of...3232, 3233
(See, also, DEMURRER.)

1220
1221-1223
1222, 1223

1008, 1026
1022
1063

1190

1220
1221-1223

1544

1753

1757

2079, 2083, 2084

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2193

2934

3071

974

976

977

978

979

......

297

964

965

966, 967

969

976

978

......

979

990-

.118, 119

120
121

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