ACTIONS-continued. consolidation, 817-813. severance of, 456, 511, 1205, 1220. on undertaking given on injunction, 625. on undertaking given on appeal, 1309. to recover attached property, etc. 655, 677, 680. time for commencement or continuance cannot be extended, 784. against one or more defendants after several judgment against others, 1905. to recover back purchase price of execution sale, 1479, 1480. not allowed on mortgage debt, except, etc. 1628-1630. for money only, not affected by provisions as to nuisance, 1663. against guardian, etc., holding over, etc.; damages therein, 1664. for real property, when infant may maintain, 1686. on undertaking in action for chattel, when maintainable, 1733. for suing, etc., in name of another, 1900. for causing death by negligence may be brought by executor, 1908. when, for libel cannot be maintained, 1907-1908. by transferee of claim, 1909. upon judgment regulated, 1913. ancillary, for discovery abolished, 1914. upon a penal bond, 1915. by surety or trustee, to recover costs, 1916. upon lost negotiable paper, 1917, 1918. by tax payer, against a public officer, 1925. by and against certain county, town, and municipal officers, 1926-1931. to compel conveyance of real property of lunatic, infant, etc. 2345-2347. time of pendency of, between creditor and executor, etc., extended, 2751. division of actions into civil and criminal, 3335. id.; of civil action, 3337. parties to civil action how styled, 3338. distinction between actions at law and suits in equity abolished, 3339. application of provisions concerning commencement of action, 3347, 3348. by or against unincorporated association. (See AssoCIATION.) by or against corporation. (See CORPORATION.) for proceedings, etc., in action for divorce and for separation. (See DIVOROB for proceedings, etc., in action to aunul marriage. (See MARRIAGE.) pendency of. (See NOTICE OF PENDENCY OF ACTION.) in behalf of the people. (See PEOPLE OF THE STATE; ATTORNEY-GENERAL.) to establish wills. (See WILL.) against next of kin, heirs, etc., of deceased debtor. (See CREDITOR.) ACTION FOR A CHATTEL-certain writs abolished, 1688. when, may be maintained, 1689. when cannot be maintained, 1690. second, cannot be maintained after judgment against plaintiff, etc. 1601. jurisdiction, etc., when replevin precedes summons, 1693. when plaintiff in, may require sheriff to replevy, 1694. requisites of affidavit for replevin, in, 1695, 1696. id.; where several chattels are to be replevied, 1697. ACTION FOR A CHATTEL-continued. how chattel to be taken from building, in, 1701. replevied chattel, how kept; sheriff's fees, how taxed, tc. 1702. claim of title by third person; proceedings thereupon, 1709. indemnity to sheriff against such action, 1711. when agent, attorney, etc., may make affidavit in, 1712. second and subsequent replevin; proceedings thereupon, 1713. return by sheriff after replevin, in, 1715, 1716. replevin papers to form part of judgment-roll in, 1717. action not affected by failure to replevy, 1718. when and how plaintiff may abandon his claim in part, 1719. wrongful taking or detention how stated in complaint, 1721. answer putting plaintiff's title in issue in, 1723. answer that chattel was distrained doing damage, 1724. substitute in certain cases for finding of value in, 1727. final judgment in ; docketing, etc. 1730. execution in; contents thereof, etc. 1731. sheriff's power to take chattel in such execution, 1732. action on undertaking in, when maintainable, 1733. sheriff's return is presumptive evidence in such action, 1734. injury, etc., no defence to such action, except, etc. 1735. abatement and revival of, 1736. action for chattel forfeited by statute, 1893. when plaintiff entitled to costs, of course, in, 3228. when defendant entitled to costs, of course, in such action, 3229. costs allowed on settlement of such action, 3260. application of provisions concerning, after July 1, 1879, 3347. ACTION IN JUSTICE'S COURT, GENERALLY-jurisdiction of, 2861-2869. when defendant in such action, maintain action on such bond, 2914. on undertaking in action for chattel; evidence therein, 2931. when cannot be maintained for cause constituting a counterclaim, 2947, 2948. new, to be brought, after answer of title, 2953. when may be maintained to recover costs paid on answer of title, 2954. for damages against defaulting witness, 2979. on judgment against joint debtors, 3021. may be maintained to recover back costs, wrongfully collected, 3081. against person suffering, etc., animals to stray, 3082. fees and cost in, amount of, 3322-3328. (See, also, FLES.) by owner of animal wilfully set at large, 3099. by petitioner and by officer in such case, 3100. how and by whom action for seizing animal maintainable, 3108. transfer of, to another justice when justice disqualified, etc. 3150-3152. for false imprisonment against sheriff, refusing to discharge debtor, 3035. against constable for not returning execution, etc. 3039. d.; for failure to pay over money collected, etc. 3041. application of provisions as to courts of record, to N. Y. marine court, 3159. County court may remove to itself such local actions, when, 3200. jurisdiction of city court of Yonkers, in civil actions, 3203, 3204. provisional remedies in New York district courts, and justices' courts of Albany ACTION FOR A CHATTEL, IN JUSTICES' COURT-jurisdiction, 2862. plaintiff may procure replevin; affidavit and undertaking, 2920. ACTION FOR A CHATTEL, IN JUSTICES' COURT--continued. requisition; how execnted; service of summons, etc. 2922. defendant may except to sureties; proceedings thereupon, 2924. when defendant may be arrested for taking, etc., chattel, 2895. claim of title by third person, 2929. defendant may demand judgment for return, 2930. when may be brought before justice of the peace in Brooklyn, 3117. in district court of New York, or justice's court of Albany or Troy, 3210, 3211. when may be brought in district court of New York, 3215. id.; when may be brought in justices' court of Albany and Troy, 3223. ACTION TO FORECLOSE LIEN UPON A CHATTEL-when maintainable, 1787. contents of judgment in, 1739. action in inferior court, 1740. application of foregoing provisions, 1741. may be brought in district court of New York, 3215. ADJOURNMENT-of court of record, proceedings on, 34. in case of war, etc. 41. not to produce abatement, etc. 44. of proceedings on application of debtor for discharge, 2212. of trial on submission of controversy to arbitration, 2368. in action before justice of the peace; when justice may adjourn, 2959. · id.; adjournment on application of plaintiff, 2960. id.; adjournment on application of defendant, 2961-2964. id.; subsequent adjournments, 2965. id.; justice may impose conditions upon adjournment, 2966. id.; adjournment when attachment against absent witness is issued, 2967. id.; adjournment not to exceed ninety days, 2968. id.; when commission is issued, 2983. of trial of certain marine causes, in N. Y. marine court, 3186. ADMEASUREMENT-of dower. (See DOWER.) ADMINISTRATOR--with will annexed; when letters may be issued, 2643. id.; renunciation, etc., of persons having prior right, 2644. id.; must qualify, give bond, etc. 2645. id.; must be cited on application for revocation of probate, 2649. petition for appointment of, 2660. what must be shown on application, 2661. citation thereon; effect of renunciation. 2662. when may be appointed without citation, 2662. attorney-general and public, when to be cited, 2663. renunciation of right to administer, how made, 2664. bond of, 2667. as to account of. (See ACCOUNT.) See, also, EXECUTOR AND ADMINISTRATOR; LETTERS OF ADMINISTLATION. id.; upon estate of absentee, etc 2670. id.; to qualify, 2671. general powers, etc., of temporary administrator, 2672. ADMINISTRATOR, TEMPORARY--continued. id.; as to requiring creditors to present claims, 2673. id.; as to paying debts, 2674. id.; as to real property, 2675. special powers of temporary administrator of absentee, 2676. deposit of money by temporary administrator, 2678-2680. ADMISSION-of service, 434. of genuineness of papers, 735. AD QUOD DAMNUM-writ of (see ASSESSMENT OF DAMAGES), 2103. AF FIDAVIT--want of, or defect in, title of, does not impair, 728. of merits, inquest for want of, cannot be taken where answer verified, 890 of party or sureties, to undertaking, 812. before whom may be taken, 842-844. to prevent notary's certificate from being evidence, 923. when presumptive evidence, etc. (See EVIDENCE.) ex parte, when not received in evidence in justice's court, 3004. when may be received on appeal from justice's judgment, 3056. definition of, 3343. AFFIRMATION. (See OATHS.) AFFIRMATIVE RELIEF-demand of in answer, 509, 510, 1204. ALBANY, JUSTICE'S COURT OF, 2. county, jail liberties for, 145. jury lists, 1041. application in summary proceedings made to justice of, 2234. service of copy of complaint with summons; proceedings thereupon, 3207 action to be commenced by summons, 3209. provisional remedies, etc., in, 3210, 3211. proceedings when title to real property is in question, 3212. appeals, 3213. effect of this act upon jurisdiction and proceedings, 3214. when non-resident of city must file security for costs, 3268, 3269. jury, 1190. ALIMONY-in action for divorce or separation, 1769. (See DIVORCE; SEPARATION.) ALLOWANCE--additional, to plaintiff in foreclosure, etc. 3252, 3253. id.; limitation of, under last two provisions, 3254. as to allowance by surrogate, etc. (See AccOUNT.) AMENDMENT--of pleading, 542, 539, 510. id.; compelled, 545. of proceedings, etc., by inserting true name, 451, id.; by bringing in parties, 452. id.; where errors are immaterial, 722-724. of return by officer or subordinate court, 725. not allowed without order, 727. of bond or undertaking, 730. by referee, 1018. provisions as to, in actions, apply to special proceedings, 1997, of defects in proceedings on appeal from surrogate's court, 2575. of pleadings in justice's court, 2944. proceedings on appeal from judgment of justice, 3049. ANCILLARY LETTERS. (See LETTERS TESTAMENTARY; LETTERS OF ADMINIS- ANIMAL-action relating to, found straying, etc. (See STRAYS.) ANSWER--general rules as to, 500-513. defence of limitation must be taken by, 413. ANSWER-continued. service of, is appearance, 421 must be subscribed, 55, 421. to be served, 422. or demurrer, is only pleading on part of defendant, 487. demurrer to, when allowed, 494, 495. objections to complaint may be taken by, when, 498. when served on co-defendant, 521, 1204. new matter deemed true, 522. sham, stricken out, on motion, 538. failure to answer amended pleading, 543. may be served within twenty days after arrest, 566. of a guardian appointed, 1218. verified to oppose injunction, 630. stricken out for not making discovery, 808. when issue raised by, 964. in partition, may controvert title of plaintiff, etc. 1543. when court must ascertain rights of parties in partition, 1545. of defendant, in action to determine claim to real property, 1640, 1641. of defendant in action for dower, 1648. title how stated in, in action for chattel, 1720. putting plaintiff's title in issue, in such action, 1723. that chattel was distrained doing damage, in such action, 1724. of defendant in action for divorce, 1757. what may be set up in, in action for separation, 1765. when corporate existence need not be proved, 1776. misnomer in such action deemed waived unless pleaded, 1777. time to, in action against corporation on note, etc. 1778. in action against executor, etc.; regulations affecting, 1817, 1824. when not available in action against legatee, etc., of decedent, 1837. in action to charge defendant jointly indebted, but not served, 1939. in action for chattel, in justice's court, 2930. in justices' court, 2938. id.; general rules of pleading, 2940. id.; account or instrument for payment of money, 2941. id.; immaterial variance to be disregarded, 2943. id.; where executor or trustee is a party, 2946. id.; consequence of neglect to plead counter-claim, 2947. id.; the last section qualified, 2948. id.; answer of title, 2951. id.; undertaking thereupon, 2952. id.; in what court new action to be brought, 2953. id.; when action to be discontinued, 2954. id.; effect of failure to give undertaking, 2955. id.; answer of title as to one of several causes of action, 2958. in new action after discontinuance upon such answer of title, 2957. in proceedings before justice relative to animal found straying, 3000. APPEAL-general provisions, 1293-1323. to court of appeals, 190, 191, 1324-1339. to supreme court from inferior court, 1340-1345. to the general term from chambers or special term, 1346-1355. from final determination in special proceeding, 190, 192, 1356-1361. to court of sessions, in certain cases, 48. from, removal of cause, 271. by party appearing, as poor person, 466. from judgment on frivolous demurrer, 537. case necessary on, 998. from order, on motion for new trial on minutes, 999. from judgment in action for dower; stay of execution, etc. 1616. from order refusing certiorari or habeas corpus, etc. 2058. in certiorari or habeas corpus cases, by the people, 2059. custody of prisoner not bailed pending; recognizance, etc. 2063, 2064 |