DISTRICT-ATTORNEY: partner of, or person who has been, not to defend certain prosecutions.. to be notified of application to remit fine, etc... may bring action for penalty, etc., given to prosecutor. limitation of such action SECTION. 806 807 808 809 78-80 352 387 387 3 191 438 831 1012 1024 1229 (See also COUNTY CLERK; JUDGMENT.) DOCUMENTARY EVIDENCE: certain official certificates evidence 921 certificate, etc., of officer on file, when evidence.. notary's certificate of protest is presumptive evidence, etc. protest and memorandum, when evidence... proof of presentment or protest in foreign state or country, how made.. copies of records and papers in certain offices are presumptive evidence record of acknowledged conveyance or transcript thereof, evidence.. of department of United States government, how proved .933, 934 935 935 936 937 exemplification of record of conveyance recorded in other state, etc., is presumptive evidence. 947 foregoing provisions not to prevent proof according to common-law rules, etc. DOWER, ACTION FOR: county court has jurisdiction 962 263 340 stay by injunction.. 616 preferred on calendar.. 791 triable by jury... 968 982 place of trial. E. of prisoner going to, etc., or returning from hospital; re-arrest, etc....... sheriff liable to action for.. in criminal action, pleading not to be used as 127 155 158 159 161 167 170 171 177 ... .179, 181 385 587 1492 523 839 840 942 admission of member of corporation, when admissible against corporation. of consideration, how far seal is, upon executory instrument. (See also DEPOSITION; DOCUMENTARY EVIDENCE; OATHS AND AFFIRMATIONS; WITNESS.) common or unwritten law of foreign country or of other state, etc., how proved.. settlement of, by judge out of office, allowed....... in causes tried at certain circuits in New-York, before whom settled... to pleading, for irrelevancy, indefiniteness, etc.; proceedings thereupon.. 25 236 .545-547 992 993 994 995 996 997 1000 1001 1005 1006 when and how taken after trial by court or referee during trial and to charge of judge, how and when taken... ruling excepted to; how reviewed... to be stated in case on appeal, or on motion for new trial. when may be ordered heard in first instance at general term. motion for new trial on, at general term, after interlocutory judgment.... EXECUTION: (See also CASE; TRIAL.) on judgment on counterclaim, against executors, etc., when allowed.. when judgment may be enforced by. return of, by sheriff, satisfied or unsatisfied, etc... sheriff to endorse return on, and to deliver copy thereof, on payment of 1266 1272 1277 1362 time of receipt to be endorsed on.... 1363 1364 the different kinds of; is process separate, may issue where separate sums awarded.. to what counties may issue.. general requisites of.. requisites of, when issued out of court other than that where judgment rendered. when judgment for delivery of property and payment of money. 1365 1366 1367 1368 1073 1373 1374 may issue of course within five years, etc. 1375 how may be issued after lapse of five years after death of judgment creditor, court may allow, etc., within five years. 1376 1377 notice of application for, after five years.. 1378 how enforced when sheriff dies or is disqualified.. 1388 from N. Y. marine court, issuing, direction, and execution of. (See MARINE COURT OF THE (See EXECUTION AGAINST PROPERTY; EXECUTION AGAINST THE PERSON.) EXECUTION AGAINST PROPERTY: return of, partly satisfied; effect of, on presumption of payment of judgment... or to person designated to complete unfinished business of such sheriff in cases where attachment has issued, how collected collectible solely out of personal property, issuable for costs of motion. of deceased judgment debtor, leave to issue necessary; how obtained of surviving judgment debtors may issue, notice thereupon. sales on, etc., to be made at auction, and in day time. penalty for taking down, etc., notice of sale... 377 706 706 708 779 1117 1156 1252 1311 1369 1369 1370 1371 .1379-1381 1383 1384 1385 EXECUTION AGAINST PROPERTY-Continued. validity of sale on, not affected by sheriff's omission to give notice, etc... order of preference, where two or more. where both executions and attachments issued to be given third person's claim of title to property levied on, to be tried.. action against officer for levy, etc., indemnitors how substituted as defendants.. SECTION. 1386 1387 1405 1406 1407 1408 1409 1410 1411 1412 1413 .695, 696, 1414 1415 1416 1417 1418 1419 1421-1427 on original judgment, may be issued and used to enforce contribution after sale on. (See CON- property exempt from. (See EXEMPTION FROM EXECUTION.) sales of property on. (See SALE UNDER EXECUTION.) redemption after sale on. (See REDEMPTION OF REAL PROPERTY SOLD ON EXECUTION.) in cases where execution issues against the person. (See EXECUTION AGAINST THE PERSON.) other executions against person or property cannot be issued while defendant in custody on, new execution may issue after escape. against property may issue after death of person in custody on.. actions by and against, limitation of.. may sue without joining person interested. preference of actions by and against... security upon appeal by, may be dispensed with.. ...................... execution against property in hands of, etc., what to require.... of deceased judgment creditor, how to obtain execution within five years. of person from arrest while obeying subpoena or order. (See WITNESS.) certain special, not affected by general provisions concerning. of certain personal property owned by householder.. certain property not exempt from execution on certain judgments widow and married woman, when entitled to... of military pay, bounty, etc.; arms, equipments, etc... of right of action, etc., for seizure, etc., of exempt property of land designated as burying ground.. mode of designating burying ground for.. of homestead, to what extent, etc... how to be designated, etc... of married woman, when, etc... when to continue after owner's death. not affected by temporary suspension of residence.. if value exceeds $1,000, lien of judgment attaches to surplus. of real property, how cancelled.. EXONERATION. (See BAIL; BOND FOR JAIL LIBERTIES.) EXTENSION OF TIME. (See TIME.) EXTRA ALLOWANCE: where trial is by the court, decision must fix amount of.......... 110 149 1372 1487 1488 1489 1490 1491 1492 1493 1494 1495 383, 390-392 449 505, 506 555 791 1312 1371 1376 1464-1466 1473 1029, 1030 1081 1389 1390, 1391 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 1402 1403 1104 1022 FEES-Continued. of officers attending supreme court general term, how paid....... of supreme court stenographers in first district. of superior city court stenographers in New York. of clerk of superior court of Buffalo.. of stenographer of Buffalo superior court, how paid in certain cases. clerk of city court of Brooklyn may charge... A N. Y. marine court to account for and pay over........ officers of N. Y. marine court not to receive... of marshal, for executing mandate of N. Y. marine court.. 1158 commissioner of jurors for Kings county, corruptly omitting name, etc., guilty of............................ FINES, PENALTIES AND FORFEITURES: person, not an attorney, practicing in N. Y. in Kings county FINE: for criminal contempt... 9 court of common pleas may remit, in New York... 286 county court may remit, and may discharge from imprisonment for non-payment of.. ...... 350-353 549 64 64 judge permitting such person to practice... attorney forfeits treble damages for deceit, etc.. $50 for lending name..... constable failing to attend court, when notified. sheriff neglecting to execute mandate in special proceeding. connivance by sheriff at escape of prisoner.. (See FINE.) FIRST JUDICIAL DISTRICT. (See NEW YORK.) when it may be brought in superior city court.. guardian for non-resident infant defendant. FOREIGN COUNTRY: open commission not to issue to, except Canada..... records and judicial proceedings of courts of, how proved.. effect of such record or judicial proceeding not declared.. copy of record or document in public office of, how authenticated.. FRAUD: limitation of action for relief on ground of...... defendant, when not excused from verifying answer to charge of......... in contracting debt, ground of arrest in action undertaking, etc., when dispensed with, on injunction applied for on ground of.. preparation and settlement of case and exceptions, when to be regulated by.. to regulate appeals in special proceedings.. to prescribe manner of giving notice of application for execution against property of deceased GOVERNOR: may, in certain cases, change place for holding courts of record to designate general term justices of supreme court; revocation, etc.. judges of certain courts to hold circuits, etc., in New York.. may suspend justice of N. Y. marine court...... GUARDIAN AD LITEM: special, for defendant who is an infant, a lunatic, drunkard, etc..... for infant plaintiff or defendant. (See INFANT.) GUARDIAN, GENERAL: of infant, when to have notice of application for appointment of guardian ad litem or special, money, etc., in court, when transferred to.. powers of, in relation to such moneys, etc......... exemption of, from execution. (See EXEMPTION FROM EXECUTION.) IDIOTS, LUNATICS, ETC.: superior city court has care of person and property of county court has care of person and property of..... ... effect of insanity on limitation of action. (See LIMITATION OF ACTION.) service of summons on...... appointment of special guardian ad litem for, when defendant cannot be arrested in an action open commission, etc., cannot issue where adverse party is... tíme of lunacy not considered part of the time limited for certain motions to set aside judgment, 1291 is a court of record. not governed by general rules of practice.. IMPRISONMENT: for criminal contempt...... non-payment of interlocutory costs, when allowed... non-payment of money adjudged due on contract, etc., forbidden.. effect of, on limitation of action for real property....... certain actions time of, not considered part of time limited for certain motions to set aside judgment... for offence, not barred by punishment for contempt...... INFANT: sale, etc., of property of, superior city court has jurisdiction of proceedings for. effect of infancy on limitation of actions. (See LIMITATION OF ACTION.) right of, to bring action 468 plaintiff, appointment of guardian for may be examined by court to ascertain capacity as witness... reference by consent not made of course where defendant is............... judgment against, not to be taken until 20 days after guardian appointed. INJUNCTION : against suing, etc.; effect of, on limitation of action... where plaintiff's right to, depends on nature of action restraining State officers, restrictions on...... such injunction only granted by supreme court, at general term, and on notice.. defendant, must appear by guardian; appointment, etc.......................................................................................................... 471, 472 depends on extrinsic facts... 604 605 605 |