APPEAL-continued. from final order awarding absolute writ of prohibition, 2101. warrant how stayed on appeal in such proceedings, 2262. when allowed to court of appeals, 2261. restitution by appellate court in such proceedings; damages, 2263. from order, or judgment, on award in arbitration, 2381. from order made in supplementary proceedings, 2433. from district court of New York, and from justices' courts of Albany and how far provisions concerning, affect review of proceedings in criminal APPEAL FROM JUSTICE OF THE PEACE-justice's judgment reviewed by who may appeal; to what court appeal to be taken, 3045. appeal; when and how to be taken, 3046. service of notice on justice; payment of costs and fee, 3047. amendment, when allowed, 3049. undertaking to stay execution on judgment, 3050. stay of proceedings, 3051. proceedings when justice is dead, etc. 3052. id.; when justice has gone out of office, 3054. when justice is dead, etc. 3056. when error in fact is alleged, 3057. restitution on reversal, 3058. setting off costs and recovery, 3059. certain sums may be included in disbarsements, 8060. judgment-roll on, 3061. hearing of appeal; dismissal thereof, 3062. judgment thereon, 3063. when new trial in justice's court may be ordered, 3064. proceedings before Justice, 3065. for a new trial in appellate court; when may be demanded, 8068. id.; undertaking to be given, 3069. id.; offer to compromise before return, 3070. id.; proceedings in appellate court, 3071. id.; offer to compromise after return, 3072. id.; amount of costs. 3073. in proceedings relative to strays, etc.; claim to surplus, 3095. id.; appeal from order on demand of possession, 3102. id.; stay of proceedings, how obtained, 3103. id.; from final order in such proceedings, 3104. id.; stay of proceedings and delivery of possession, etc. 3105. id.; proceedings on affirmance, 3106. APPEAL FROM SURROGATE'S COURT-from order on motion for new trial, 2549 what may be reviewed on appeal; when decree reversed, 2545. costs of appeal, 2589. from order on application to surrogate for additional allowance, 2564. when party may appeal, 2568. when person not a party may appeal, 2569. to what court it may be taken, 2570. intermediate order, how reviewed, 2571. time to appeal, 2572. who must be made parties, 2573. appeal, how taken; service of notice of, 2574. certain provisions of chapter 12 made applicable, 2575. appeal may be on the law or the facts; case to be made, etc. 2576. security to perfect appeal, 2577. id.; where decree is for money or delivery of property, etc. 2578. requisites of undertaking, 2581. decree for probate, etc., how far suspended by appeal, 2582. decree revoking probate, etc.; not stayed, 2583. perfected appeal stays proceedings in other cases, 2584. appeal, how heard; proceedings thereupon, 2585. APPEAL FROM SURROGATE'S COURT-continued. award of jury trial upon reversal in probate cases, 2588. in proceedings to dispose of real property, 2769. APPEAL IN MARINE COURT OF THE CITY OF NEW YORK. (See MARINE APPEALS, COURT OF, 190, etc., 1324, etc. APPEARANCE-by defendant, 421. requisites of notice, 421. effect of voluntary general, 424. notice may demand copy of complaint, 479. Supplementary proceedings, authorized on judgment after service, 2458. of party in surrogate's court; effect thereof, 2528. of party not cited on probate of will, 261. who may appear on hearing of petition for probate of heirship, 9655. in justice's court; when action commenced by, 2876. id.; parties may appear in person or by attorney, 2886. id.; guardian ad item for infant plaintiff, 2887. id.; for infant defendant, 2888. id.; when constable. etc., may not act as attorney, 2889. id.; authority of attorney; how proved, 2890. id.; plaintiff to prove his case. 2891. id.; defendant may offer to compromise; proceedings thereon, 2398. id.; of plaintiff required after notice of arrest of defendant, 2893. APPRAISERS--of attached vessel, 661. APPROVAL--of bond or undertaking, 586, 581, 812. ARBITRATION-limitations of actions in case of, 411. when submission to, cannot be made, 2365. what controversies may be submitted, and how, 2366. arbitrators to be sworn, 2369. attendance of witnesses, etc. 2370. arbitrators to meet; when majority may award; fees, 2371. motion to confirm award, 2373. id.; to vacate award, 2374. id; to modify or correct award, 2375. motions; when to be made; notice thereof, 2376. costs on vacating award. 2377. judgment on award; when and how entered, costs, 2378. judgment-roll; docket of judgment, 2379. effect of judgment; how enforced, 2380. appeal from order or judgment 2381. effect of party's death, lunacy, etc.; proceedings thereupon, 2388. liability of party who revokes, for fees, etc. 2384. limitation of recovery against him, 2385. application of this title, 2386. ARREST-arrest pending action, 548-601. in what cases order may be granted, 548-555. granting, executing, and vacating or modifying, 556-572. discharging defendant on bail or deposit; justification, 573-500. on Sunday, 6. for non-payment of costs, 15. id.: of money on contract, 16. of prisoner going to jail, 119. prisoner entitled to jail liberties, 149. ARREST-continued. by coroner, where sheriff is plaintiff, 179, 180. arrest, injunction and attachment, together, 719. time for deciding application to obtain or vacate, 720. exemption of witness obeying subpoena, 860-865. cannot be granted in controversy submitted, 1281. replevin where order of, granted in action for chattel, 1714. officer of unincorporated association exempt from, 1921. in action to charge defendants, jointly indebted, not served, 1940. of delinquent, on warrant to collect fine, 2296. warrant for, in supplementary proceedings, 2437-2439. undertaking may be required after, of judgment debtor, 2440. exemption of insolvent debtor from. (See INSOLVENT DEBTOR, EXEMPTION ARREST IN COURT OF JUSTICE OF THE PEACE-order of, granted, 2894. upon what papers order may be granted, 2596. contents of order, 2897. duty of constable, 2898. return when plaintiff notified must appear, 2899. motion to discharge defendant from such arrest, 2901. what plaintiff must prove to obtain judgment after, 2903. undertaking on answer, of title, after order of, 2952. when defendant must be discharged from. 2964. of defaulting witness before justice; fine, etc. 2975. ARREST IN MARINE COURT OF THE CITY OF NEW YORK; DISTRICT ASSAULT AND BATTERY-limitations of actions, 384. justice of the peace has no jurisdiction in action for, 2863. on the high seas, action for, in N. Y. marine court, 3177-3187. action for, cannot be maintained in district court of New York, 3215. id.; in justices' courts of Albany and Troy, 3223. is included in term "personal injury " in the new revision, 3343. ASSESSMENT. (Sce TAX.) ASSESSMENT OF DAMAGES-testimony taken by commission, 888. on judgment by default, 1213–1215. on injunction, 617-624. writ of, is a State writ, 1991. by relator, on trial of alternative mandamus, 2088. writ of, defined: ad quod damnum, 2103. application for such writ, 2104. when applied for by attorney-general or district-attorney, 2105. writ; to whom directed, 2'06. contents of such writ, 2107. notice of execution of such writ, 2108. jury, how procured, for, 2109. jury to be sworn, 2110. proceedings of jury; discharge of jury; inquisition, 2111. notice of application to court in such inquisition, 2112. court may set aside inquisition, 2113. order on confirming inquisition, 2114. State treasurer to pay damages, etc., to governor, 2115. governor to pay damages into court, 2116. investment of money so paid in, 2117. how such money obtained by claimant, 2118. writ of, allowed by taking of lands by the United States, 2119. ASSETS-definition of, as used in chapter on surrogates' courts, 2514 (See, also, PERSONAL PROPERTY.) ASSIGNEE--official, may consent to discharge of insolvent, 2153. official, of criminal imprisoned to file security for costs, when, 8268, 3270. of insolvent debtor, action upon bond of. (See OFFICIAL BOND.) ASSIGNMENT-of judgment to be noted, etc. 1262-1263. of cause of action; effect of, 1909. judgment, when transferable, 1912. what causes of action transferable by, 1910, 1911. after filing petition for voluntary dissolution of corporation, is void, 2430. ASSIZE-writ of, abolished, 1687. ASSOCIATION--action by or against unincorporated, 1919. proceedings in case of death, etc., of member of, 1920. certain sections permissive; statute of limitations, 1923. ATTACHMENT FOR CONTEMPT. (See CONTEMPT; SHERIFF; JUROR; WITNESS.) executing the warrant, 644-681. vacating or modifying; discharging, 682-696. effect of two or more warrants against same defendant, 697, 705, 1407. proceedings after judgment; rights of parties; duties of the sheriff, 706-712. attachment, arrest and injunction, together, 719. application, how soon decided, 720. proof of levy, etc., on applying for judgment, 1217. levy not to be discharged on appeal, 1311. execution, after warrant has issued, 1370. preference of, over executions, etc. 1407, 1408. when warrant of, vacated or annulled, 1415. action against officer; rights of indemnitors. 1491-1427. action cannot be maintained to recover chattel, when, 1690, 2919. provisions concerning, applicable to foreclosure of chattel lien, 1738, 1740. in action to charge defendants jointly indebted not served, 1940. people, public officer, etc., not required to give security, 1990. additional allowance in action when warrant of, has issued, 3252, 3254. when warrant is said to be "annulled," 3343. application of certain provisions concerning, 3347. ATTACHMENT OF PROPERTY IN JUSTICE'S COURT--when granted, 2905. undertaking, 2908. warrant; how executed, 2909. service of summons and warrant upon defendant, 2910. undertaking by defendant; re-delivery thereupon, 2911. claim by third person, bond and delivery thereupon, 2912. action on bond, 2913. when defendant may prosecute bond, 2914. return of attachment, 2915. motion to vacate or modify warrant, 2916. effect of vacating warrant, 2917. proceedings when summons not personally served, 2918. title of purchaser at sale, not affected by restitution on reversal, 3058. ATTACHMENT OF PROPERTY IN MARINE COURT OF THE CITY OF ATTACHMENT OF THE PERSON--for contempt. (See CONTEMPT.) power of county may be called out to execute, 2030. ATTORNEY-or officer, process to be subscribed or indorsed with name of, 24. death or disability of; proceedings thereupon, 65. must subscribe summons, 417. to subscribe notice of appearance, answer, etc. 421. for plaintiff, may limit time for service of summons, 425. to be assigned to prosecute or defend for poor person, 460, 465. of poor person, rost to be paid to, 467. appearing for two or more defendants to receive one copy complaint, 479. verification of pleading, by, when allowed, 525. id.; copy of account, by, 531. to subscribe order of arrest and may limit time for its execution, 561. service of papers on, how made. (See SERVICE.) when to be served with papers, instead of party, 799. may execute satisfaction-piece of judgment within two years, 1260. for plaintiff in ejectment may be compelled to produce authority to ap to attend judge or referee on view of property, in action for waste, 1659. constable, law partner, or clerk of justice, cannot act as attorney, 2889. may make affidavit in action for chattel in justice's court, 2929. interested in recovery for services, not liable for costs, 3247. liability of, for costs, when, 3278. not entitled to witness fee, when attending in behalf of client, 3288. tations, 387. (See, also, ATTORNEYS AND COUNSELLORS.) to be served with summons, in partition, 1594. may bring action against directors, etc., of corporation, 1782. may bring action to dissolve corporation, 1786. must bring action to annul corporation, when, 1797, 1798. when, must bring action against corporation, 1808. may bring action against usurper of office, etc. 1948. proceedings in such action; trial, etc. 1949, 1950. assumption of office by person entitled, 1951. proceedings to compel delivery of books, etc. 1952. damages how recovered in action brought by, 1953. action may be brought by, against several claimants to office, 1954. injunction against persons illegally acting as corporation, 1955. final judgment in action for usurping office, etc. 1956. may bring action to vacate letters-patent, when, 1957. trial of such action; judgment-roll, etc. 1958-1960. must have notice of application for disposition of proceeds of action for con- must bring such action, 1976. ejectment suit for real property escheated or forfeited, 1977. notice of object of such action to be published, 1978. must report recoveries to commissioners of land office, 1981. must bring action for personal property forfeited for treason, 1982. entitled to special compensation where relator joined with people, 1986. may apply for State writ in action by people, 1993. payment of fees not required on habeas corpus, 2002. advice of counsel need not be sworn to, in habeas corpus, 2012. appeal in habeas corpus and certiorari, in name of people, 2059. action against sheriff for taking insufficient undertaking, 2291. ATTORNEYS AND COUNSELLORS-attorneys and counsellors at law, admission punished for misconduct, 14. disqualification of judge, judge's partner or clerk, to act as, 49, 50. residing in adjoining States, 60 compensation, 66. removal or suspension, 67-09. |