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PREFACE

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This Supplement to Fiero on Special Actions, Third Edition 1908, and Fiero on Special Proceedings, Third Edition 1912, was made to supply the demand of the profession to cover the eleven years and seven years respectively since the Third Editions were issued.

The alphabetical or cyclopedic arrangement of the Third Editions has been followed with page references to said Editions under each chapter and subdivision.

Amendments to the Code of Civil Procedure and the Consolidated Laws, and decisions of the courts from the date of the Third Editions to July, 1919, have been inserted under the chapters and subdivisions to which they relate.

FRANK B. GILBERT,
AUSTIN B. GRIFFIN.

ALBANY, N. Y., September 10, 1919.

ܕ

1

TABLE OF TITLES OF SPECIAL ACTIONS

(For Table of Special Proceedings, see post, p. xv.)

PAGE.

82 266 205

1 1 3 4 4

6 553

420 539

8 10 10 10 18 18

Actions, Survival of, see Decedents' Estates.
Alimony, see Matrimonial Actions....
Annulment of Marriage, see Matrimonial Actions.
Assignment and Assignability of Demands.....

Right to Assign at Common Law and Under the Statute.
II. What Claims Are Assignable....
III. What ('laims Are Not Assignable.

V. What Constitutes an Assignment.

VI. What Passes Under an Assignment.
Associations, see Unincorporated Associations.
Bond, Penal, Action Upon, see Miscellaneous Actions and Rights of

Actions.
Chattels, Action to Recover, see Replevin.
Chattels, Foreclosure of Liens Upon...
Claim to Real Property, Action to Determine.

I. Nature and Object of Action...
II. When Action Maintained and What Must Be Alleged..
III. Proceedings After Issue Joined.

IV. Judgment and Its Effect....
Corporations and Receivers of Corporations.
I. Provisions Relating to Practice in Actions by or Against

Corporations.
1. Complaint in Actions By or Against Corporations.
2. When Foreign Corporation May Sue and Be Sued.
3. Waiver of Misnomer and Proof of Corporate Existence..

4. Restrictions on Defense by Corporation in Suit on Note.
II. Judicial Supervision of Corporation and of the Officers and

Members Thereof
1. Action by Attorney-General.

2. Action by Creditor, Stockholder or Trustee.
IIa. Action Against Officers by Corporation or Receiver..
III. Action for Dissolution of Corporation and to Enforce Liability

of Officers and Stockholders...
1. Action by Judgment Creditor for Sequestration.
2. Action to Dissolve a Corporation...
3. Temporary Injunction
4. Receiver.
5. When Action Maintained Against Stockholders and

20

21 21 22 30 32

32 34 36 43

44 45 46 48 48

Officers. ...

49

6. Judgment and Its Provisions. IV, Action to Annul a Corporation....

1. Action, When and How Brought and Tried.
2. Judgment, Injunction and Receiver..

50 51 51 54

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