Page images
PDF
EPUB
[blocks in formation]

effect of failure to give undertaking..

2955

when title comes in question on plaintiff's own showing,

2956

pleadings in new action. Undertaking before justice, when applicable..

2957

answer of title as to one of several causes of action

2958

[blocks in formation]

justice may impose conditions upon adjournment.

2966

adjournment when warrant to attach absent witne s is issued.

2967

not to exceed ninety days..

2968

subpana..

2969-2979

when justice may issue.

2959

subpoena; how served..

2970

warrant of attachment against defaulting witness.

2971

[blocks in formation]

JUSTICES OF THE PEACE; COURTS OF-continued.
judgment upon verdict, etc..

when judgment to be rendered........

remitting part of verdict, etc...

transcript of judgment; docketing the same..

id.; when exccution may issue against person.
id.; in action for a chattel..

judgment against joint debtors.

docketing the same; action thereupon..

docketing judgment in another county.

justice may give transcript, after expiration of his term.

action upon justice's judgment..

proof of justice's judgment..

executions.

when justice may issue execution.

general requisites of execution.

execution upon judgment for money; when may direct arrest..

[blocks in formation]

execution against the person; imprisonment of judgment debtor.

when judgment debtor to be discharged..

[blocks in formation]

execution upon judgment in action for a chattel.

[ocr errors]

action against constable for not returning execution.
constable not to act under execution after return day
action against constable for money collected..
duty of constable whosc term of office has expired..
execution upon judgment docketed with county clerk.
appeals generally..

justice's judgment reviewed by appeal.

who may appeal. To what court appeal to be taken..
appeal; when and how taken...

service of notice upon justice; payment of costs and fee.

service of notice upon respondent..

amendment when allowed..

[blocks in formation]

amount of costs...

appeal for new trial in appellate court.

when appellant may demand new trial in appellate court.

undertaking to be given...

offer to compromise before return.

proceedings in appellate court..

offer to compromisc after return.

amount of costs..

costs generally

when prevailing party to recover..

[merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[blocks in formation]

costs wrongfully collected may be recovered back.

3081

upon appeal where no new trial is had in appellate court..

3066

id. ; amount thereof

3067

upon appeal where new trial is demanded..

3070, 3073

fees

constables..

3322, 3325

.3323, 3324

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

animal straying upon highway; action or special proceeding relative to. 3082-3115

Brooklyn justices; provisions specially relating to..
miscellaneous provisions applicable to justices' courts..

mode of application of general and special provisions
general requisites of mandates..

reward to constable forbidden...

justice or constable not to buy claim, etc..

penalty...

violation of preceding sections a defense to action.
docket-book to be kept by justice; entries therein.
index to docket-book.

[blocks in formation]

town or cy clerk to demand books, ctc., upon death, etc., of justice..

[blocks in formation]

3116-3133

3134-3158

3134

3135

3136

3137

3138

3139

.3140, 3141

3142

8143

8144

8145

8140

3147

3148

8149

3150

0151

3152

3153

3154

2155

3156

3157

3158

.3207-3214, 3223-3225

KIN-

"next of kin," defined with reference to chapter on surrogates' courts.... 2514
KINGS COUNTY-

See also BROOKLYN.

proceeding commenced before judge in, may be continued before another..
none but attorneys to practice...

clerks and court attendants in, when not to act as referecs, receivers and

[blocks in formation]

how jury formed in, if insufficient number of jurors attend

.1171, 1172

public administrator how appointed; duties..

2669

See TRIAL JURORS IN KINGS COUNTY.

LACHES

dismissal of action for failure to serve summons on necessary party....
id.; for delay and neglect to proceed....

821

822

See also DELAY;

[blocks in formation]

LEGACY-

sale of decedent's personal property for...
payment by executor and administrator..

petition to compel payment; hearing; decree..............
decree for payment on giving security

to unknown persons paid to state; how obtainable.
unclaimed legacies payable to county treasurer.
compelling testamentary trustee to pay..........

LEGATEE-

execution against property in hands of..

when may sue executor or administrator for distributive share.
guardian ad litem in such action; when to execute bond

SECTIONE

150

53

143

2717

272

2729

2721

276

2748

2804

1371

1819

1820

creditor's action against debtor's next of kin, legatee, heir or devisee..1837-1860
proceedings by against executor or administrator to compel payment of

LEGISLATURE-

claim

member of not compelled to act as justice of peace..

2717-2719

2867

LEGITIMACY OF CHILDREN-

in action to annul marriage..

in divorce

1749

1759

LETTERS OF ADMINISTRATION-

defined with reference to chapter on surrogates' courts...

[blocks in formation]

when county treasurer to be ex-officio public administrator.

[blocks in formation]

2663

2664

2665

county treasurer's bond; letters of administration and proceedings

2666

2667

....

2670

revocation of letters.

See also ANCILLARY LETTERS.

LETTERS OF GUARDIANSHIP-

requisites.

.2684-2693

2590

how far evidence of authority..

oath of guardian before issue of letters.
contents and effect of decree revoking.

2591

2594

power to appoint successor upon revocation.
See also ANCILLARY LETTERS.

LETTERS PATENT; ACTION TO VACATE
LETTERS ROGATORY

LETTERS TESTAMENTARY—

requisites

how far evidence of authority..
priority among different letters.

time how reckoned upon successive letters..
oath of executor before issue of letters
contents and effect of decree revoking..
power to appoint successor upon revocation.
persons incompetent to serve as executors..
supplementary letters.

executors not named in letters not to act.
liability of persons unauthorized to act...

2603, 2604

2603

1957-1960
913

2590

2591

2592

2593

2594

2603, 2604

2605

2612

2613

2613

2706

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

under attachment; how made...

649

upon personal property, when superseded by appeal.
property exempt from levy and sale under execution
lien of execution upon personal property; levy upon and sale of personal
property; rights of indemnitors of sheriff.

1311

1389-1404

.1405-1429

sale, redemption and conveyance of reai property; rights and liabilities of
persons interested.

.1430-1478

levy under execution in justices' courts

3029

[blocks in formation]

exempted from certain provisions relative to corporations.

LIEN OF JUDGMENT ON REAL PROPERTY

LIEN UPON CHATTEL; foreclosure of..

[blocks in formation]

1804

1250-1260

.1737-1741

.2302-2319

362-375

362

action by grantee from the state.

action after annulling letters patent.

seizin within twenty years, when necessary, etc.

action after entry..

[blocks in formation]

863

864

.365, 366

367

possession, when presumed; occupation presumed to be under legal title..

368

369

370

371

372

373

374

certain disabilities excluded from time to commence action.

375

376-397

376

effect of return of execution..

how presumption raised..

limitation of action to redeem from a mortgage.

other periods of limitation.

within twenty years.

within six years..

within three years..

within two years.

377

378

379

380

381

382

383

384

within one year

385

when cause of action accrues on a current account.

386

[blocks in formation]

action against a non-resident, upon a demand barred by the law of his
residence.

330

when person liable, etc., dies without the state.

891

cause of action accruing between the death of a testator or intestate, and
the grant of letters..

[blocks in formation]
« PreviousContinue »