§§ 3392-3397 The petition shall be verified in the same manner as a verified pleading in an action in a court of record. § 3392. Upon the presentation of the petition, the court may immediately proceed to hear the application, or it may, in its discretion, direct that notice of the application shall be given to any person interested therein, as a member, stockholder, officer or creditor of the corporation or association, or otherwise, in which case the application shall be heard at the time and place specified in such notice, and the court may in any case appoint a referee to take the proofs and report the same to the court, with his opinion thereon. § 3393. Upon the hearing of the application, if it shall appear, to the satisfaction of the court, that the interests of the corporation or association will be promoted thereby, an order may be granted authorizing it to sell, mortgage or lease the real property described in the petition, or any part thereof, for such sum, and upon such terms as the court may prescribe, and directing what disposition shall be made of the proceeds of such sale, mortgage or lease. Any person, whose interests may be affected by the proceeding, may appear upon the hearing and show cause why the application should not be granted. § 3394. If the corporation or association is insolvent, or its property and assets are insufficient to fully liquidate its debts and liabilities, the application shall not be granted, unless all the creditors of the corporation have been served with a notice of the time and place at which the application will be heard. § 3395. Service of notices, provided for in this title, may be made either personally, or, in case of absence, by leaving the same at the place of residence of the person to be served, with some person of mature age and discretion, at least eight days before the hearing of the application, or by mailing the same, duly enveloped and addressed and postage paid, at least sixteen days before such hearing. § 3396. In all applications made under this title, where the mode or manner of conducting any or all of the proceedings thereon are not expressly provided for, the court before whom such application may be pending, shall have the power to make all necessary orders and give the proper directions to carry into effect the object and intent of this title, or of any act authorizing the sale of corporate real property, and the practice in such cases shall conform, as near as may be, to the ordinary practice in such court, § 3397. This title shall take effect May first, one thousand eight hundred and ninety, and shall not affect any proceeding previously commenced. INDEX. action; when not to abate... id.; when part of cause of action survives. death of party after verdict, etc.. replevin action, abatement and revival of. ABANDONMENT OF CLAIM— ABATEMENT OF ACTION- proceedings upon transfer of interest, or devolution of liability. id.; when sole party dies and action survives. id.; when one of several parties dies when court may order action abated. special cases excepted. action for a wrong not to abate after verdict, etc.. ........ abatement not effected by death of executor or administrator. ABBREVIATIONS- ABSENCE- .... designation of person to serve summons upon, during ABSENTEE- temporary administration upon estate of ACCOUNT- how pleaded; bill of particulars ACCOUNTING- by committee of incompetent person to be filed annually. decree on judicial settlement, what to contain. 1828 2417 21 430 841 .2668, 2676 473 531 2342 2551 costs upon accountings.. 2561 additional allowance. 2562 compelling accounting from party whose letters have been revoked... 2605 2606 accounting on application of executor or administrator for revocation of guardian; when ward or successor may require accounting in case guardian; accountings by in general.... petition to compel payment of debt or legacy; hearing; decree... of 1 2837 2842, 2850 2855 ..... 2722 2723 proceedings for neglect to set apart exempt property.. intermediate accounting..... judicial settlement of account; when may be required.. 2724 2725 2726 2727 executor's petition for judicial settlement, citation and hearing. determination of claims by surrogate; suspension of statute of limita- legacy, etc., to unknown person to be paid into State treasury 2747 when legacy, etc., to be paid to county treasurer. 2748 ACKNOWLEDGMENTS of deed; when entitled to be received in evidence. proof; when may be rebutted............... civil action parties to civil action defined. not discontinued by vacancy or change in judge.. id.; by adjournment or failure to hold court.. time to commence cannot be extended... what instrument may be acknowledged and thereupon read in evidence.. fees for acknowledgments.. ACTION defined.... refers in code to civil action.. division into civil and criminal. criminal action defined.. 66 3298 3333 3343 3335 3336 3338 distinction between action at law and in equity abolished. 3339 25 41 784 testimony of hospital physician or surgeon may be taken before referee. "letters of administration" defined with reference to chapter on surrogate's courts.. 2514 with will annexed. grant of letters 2643-2646 .2660-2667 See also AccOUNTINGS IN SURROGATES' COURTS; LETTERS OF ADMINISTRA TION, SURROGATES' COURTS. ALLOWANCES- how computed.. additional to plaintiff in foreclosure and other actions. 66 to either party in difficult cases.. limit of allowances.. ALLOWANCE IN SURROGATE'S COURT- to executor, etc., on accountings.. AMENDMENT- after decision of demurrer. of course.. amended pleading to be served; answer thereto. by the court at any stage.. relief against judgment, etc., within what time.. lost papers; how supplied.. order of court; when necessary to amend.. disregard of defects in affidavits... undertakings, etc.; when sufficient. id.; amending defects in.. to perfect appeal... AMENDMENT IN JUSTICES' COURTS.. ANCILLARY LETTERS.... testamentary dispositions; what law governs. SECTIONS 58 1190 1769 1772 1772 1773 3262 3252 3253 3254 2562 2563 497 542 543 723 724 725 726 727 7:28 729 730 1303 2944, 3049 .2694-2705 2694 2695 2696 2697 id.; when they may be directed to pay, etc., without transmission.. 2700 2701 2702 papers recorded, etc.; how authenticated. recording wills proved in other states, etc.. 2703 2704 of guardianship... ANIMAL STRAYING UPON HIGHWAY; ACTION OR SPECIAL PROCEEDING RELA- 2838-2841 decision in favor of petitioner; warrant to sell; execution thereof. 3090 3091 disposition of surplus. 3092 id.; when no claim made within a year. order upon claim for surplus; appeal therefrom.. action by petitioner and by officer. demand of possession after final order and before sale. appeal from final order.. 3094 3095 3096 3097 3098 3099 3100 3101 8102 3103 3104 |