action against partnership using name of deceased person named as defendant.... 223 82 adjournment of term of court... 92 plaintiff, by order of court on.. reversal on question of law.. special proceedings, where right to relief survives or continues. warrant of attachment, abatement as annulling. applicability of Civil Practice Act where special provision made by law. death of party after verdict, etc. ... public officer, receiver, or trustee by whom action commenced. extension of time in which action will abate unless continued by proper parties. limitation of action, effect of abatement of action on defense or counterclaim. notice of pendency, cancellation on.. order of court on death or marriage of plaintiff by. personal injury actions, death of party after verdict, etc. place of holding term of court, change of.. removal of public officer, receiver or trustee by whom action commenced. reversal on questions of law in personal injury actions where party dies after verdict, etc. seduction, death of father.. time for holding term of court, change of... II. Continuance. cross actions against representative or successor of deceased defendant... death of one of several parties. 91 478 88 90 99 92 26 88 123 88 89 89 92 90 89 89 82 92 87 85 or marriage of plaintiff, order of court continuing action by proper parties.. or marriage of plaintiff, time within which action must be continued by proper parties devolution of liability, on.... extension of time in which to make supplemental complaint. 88 successor of deceased party, bringing in where part only or one or more causes only survive 86 part only of cause on death of one or more parties, continuance as to others. surviving party, by or against. NOTE.-Material transferred in 1920 from the Code of Civil Procedure to the consolidated laws has been indexed at the end of each title or sub-title, and reference given to the sections of the laws. A duplicate index to the Rules of Civil Practice has been worked into this index and the references given are to the rules. Absentees. See also Non-Resident and particular titles. actions against, service of summons or person designated to receive... appearance of absentee infant defendant, time within which to appear where summons served on guardian ad litem... 227 239 death, presumption from absence. 341 witness, testimony of absentee witness given at former trial, admissibility of. 348 Abstract companies. See also Title Insurance Companies. searches in county where clerk's office is salaried, use in lieu of official searches...... 385 Accounts and accounting. See also Books; Surrogate's Court Act. I. Actions on account. evidence, right to give evidence of account where plaintiff fails to deliver copy to de- 246 expense where examination made by direction of county judge, how paid. 1379 removal of committee for disobedience of order directing filing of annual account, in- conveyance, admissibility in evidence where duly acknowledged and proved. proved by interested or incompetent witness, admissibility in evidence. 384 384 designation by resident of person to receive summons... evidence, admissibility of instrument acknowledged or proved and certified. conclusiveness of certificate of acknowledgment to conveyance. fees for taking and certifying.... 227 386 384 1562 instrument acknowledged or proved and certified, admissibility in evidence. limitation of actions, acknowledgment as tolling of statute. tolling statute of limitations, acknowledgment of part of indebtedness recovered by judgment as.. 44 Action to recover chattels. See Replevin. Action to recover real property. See Ejectment, Summary Proceedings to Dispossess. Actions. See also Abatement and Continuance, Poor Persons, Preferences, and particular titles. "action" as including special proceeding for purposes of limitation of action. as referring to civil action. "civil action" defined. classification as civil and criminal definition.... distinction between action at law and suits in equity abolished. forms of civil action.. "judgment creditor's action" defined. limitation of action, "action" as including special proceeding.. mistakes, omissions, defects and irregularities, disregarding non-prejudicial. correcting or supplying.. parties to, how designated.. stay of proceedings, by whom and terms upon which granted. civil action defined.. definition... vexatious suits, criminal and civil liability for bringing. II. Capacity to Sue. See Parties. III. Commencement. . (Gen. Const. L., § 16-a) .(Gen. Const. L., § 11-a) . (Civ. R. L., § 70) application of Civil Practice Act, for purposes of.. 1568 17 as equivalent to commencement for purposes of limitation of actions.. authority to commence action, notice of application.. .17, 18 114 extension of time. 99 limitations of action, service of summons on any defendant as commencement.. discovery in aid of prosecution or defense of another action abolished 345 922 VIII. Official Acts and Omissions. replevin, action by claimant against sheriff after delivery to plaintiff.. 1108 IX. Bonds and Undertakings. bail, action as only remedy for failure to comply with undertaking.. contribution between different defendants where property of one sold under execution 758 .1385, 1386 1214 drawer or indorser against principal for costs and expenses in prosecuting or defending action.... 1501 ejectment, actions against purchaser from defendant for damages for withholding.. 1008 execution sale, recovery of purchase money by evicted purchaser.. 756 executor or administrator against beneficiary to recover costs and expenses in prosecuting or defending action.. 1501 joint debtors, action to charge those not summoned in previous suits. 1185 trustee against beneficiary to recover costs and expenses in prosecuting or defending 1501 1501 Additional allowances. See Attachment; Costs; Foreclosure; Partition; Sale of Real Property. Address. endorsing attorney's address on papers. Adjournment. See also particular titles. abatement of action on adjournment of term of court.. . (Rules Civ. Pr., 11) 92 action triable by court, adjournment of term on stipulation to place other than court house.. 437 arbitration, hearing on.. 1451 Adjournment-Continued. continuance of special proceedings before substituted officer, adjourned day as day specified in original notice.... 94 costs, fees and disbursements payable as condition to granting adjournment of trial. deposition, examination.... 1515 . (Rules Civ. Pr., 127) referee in proceedings to perpetuate testimony as to title to realty, power to adjourn trial, adjournment to place other than court house on stipulation in action triable by court.. 437 Admeasurement of dower. See Dower. Administrators.. See Executors and Administrators; Surrogates' Court Act. Administrators de bonis non. See Executors and Administrators; Surrogates' Court Act. Administrators with will annexed. See Executors and Administrators; Surrogates' Court Act. Admiralty. See also Vessels. record of conveyance or mortgage of vessels as evidence.. Admissions. See also particular titles. I. In general. aggregate corporation, by members of. counterclaim, judgment for plaintiff where no defense interposed judgment, entering on admission of parties at any stage of action or appeal 402 340 488 476 expenses incurred in proving facts which opposite party refuses to admit. 323 323 partial judgment where part of plaintiff's claim admitted in action on contract or judg expenses incurred in proving genuineness of paper where opposite party refuses to admit genuineness... 322 322 liability of opposite party for refusal to aimit gen iineness of paper on demand.. Adquod damnum. Writ of assessment of damages substituted for. See Assessment of Damages. possession and occupation under written instrument or judgment, what constitutes. presumption of continuation of relation of landlord and tenant. 38 41 property held under claim of title not written, extent of property held adversely.. under written instrument or judgment possession of one lot as possession of others. written instrument, what constitutes under.. 39 37 37 Advertisement. See also Publication. fees of printers... publication, proof of by affidavit of printer or publisher of newspaper.. 1533 370 Affidavits. See also particular ittles. acceptance of offer of judgment made by attorney, affidavit of attorney.. 179 account, affidavit verifying copy of account delivered to defendant in action on. 246 definition. discovery, disclosure by party in aid, application for. attachment, affidavit of appraisers of domestic vessel on claim of third person. board, power to acquire information by. committees, power to acquire information by. disclosure in aid of discovery, affidavit of.. injunction, verified answer on motion to vacate.. inspection, disclosure by party in aid, application for. interpleader in pending action... Affidavits-Continued. answering affidavits on motion, necessity for and time of service.. arrest, verified complaint on application for order of arrest as affidavit. bills and notes, non-acceptance or non-payment, affidavit that party did not receive notice as overcoming notary certificate of protest.. 117 834 929 368 358 358 7 328 328 901 328 287 substituting or bringing in adverse claimant. judgment by default, application for. 287 486 motion, answering affidavit, necessity for and time of service. for new hearing after trial of specific questions by referee, on.. newspaper, effect of affidavit of printer or publisher of publication of notice.. affidavit by person since deceased, showing service, posting or affixing, effect of. officer, presumptive evidence of facts stated therein. 117 556 370 ... required for requisition. summons, service by publication, affidavit on which order founded notice, affidavits of person serving, posting or affixing as presumptive evidence where he is not available as witness.. offer of judgment made by attorney, affidavit by attorney. petition as substitute in institution of proceedings. printer or publisher of newspaper to publication of notice, effect of.. protest, non-receipt of notice of bill or note, effect of. publication, where newspapers of proper county refuse to publish notice. replevin, affidavit by agent or attorney. by defendant for return of chattel. service on motion.. use in any court or before any officer or other person verification, form...... 371 371 179 367 119 370 368 147 1110 1103 1107 1096 (Rules Civ. Pr., 64) 232 357 . (Rules Civ. Pr., 100) without state, certificate of official character of officer and genuineness of signature.. who may take.... account, affidavit verifying copy of account delivered to defendant in action on.. actions by, counterclaim based on demand against principal, right to interpose. right of defendant to judgment for excess over plaintiff's demand.. 246 publishing notice, etc., in newspaper printed in where printer of newspaper in proper county refuses to publish for legal fee. 258 146 |