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judgment to be published.

1803

officers, stockholders, etc., may be compelled to testify.

1805

injunction staying actions by creditors.

1806

creditors may be brought in.

1807

advertisement for claims of creditors.

1807

appointment of receiver......

1810

VIII. ACTIONS TO PROCURE DISSOLUTION.

municipal and political corporations not subject to.

1804

libraries, religious corporations and schools not subject to..

1804

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reference of issues is discretionary when action not brought
by attorney-general.

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judgment to enforce liability of directors and stockholders
when assets insufficient

1795

sections 1785-1795 do not affect special statutory provisions... 1796 appointment of referee.

1012

officers, stockholders, etc., may be compelled to testify.
injunction staying actions by creditors.

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"stockholders" includes "members"

libraries, churches and schools or academies excepted.
when majority of directors may petition..

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service of order to show cause on creditors and stockholders.. 2425

hearing.

2426

decision or report..

2426

order for transmission of original papers to court or referee.. 2427 amendment of schedules...

2427

motion for final order..

2428

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2431

relief of receiver from omissions and defaults.
confirmation of acts of receivers.

transfers of property after filing petition void.
commissions of receiver

final accounting of receiver

application by attorney-general for order to show cause.... 2431b

ENFORCING STOCKHOLDERS' LIABILITY.

service of summons on stockholders by publication.... 438, 439 misnomer of stockholder defendant

1831

sections 1790-1795 do not affect special statutory provisions.. 1796
in action by creditor to dissolve corporation.
judgment for unpaid subscriptions when stockholders
are parties

1790

1794

judgment when assets are insufficient.

1795

action by creditor to enforce liability

1791

account of property and debts of corporation.
apportioning liability

1792

1792

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on designated agent

proof of designation of agent.

designation of agent to receive service of summons

copy of designation of person upon whom to make
service, as evidence

432

432

432

432

931a

change of place of service by designated agent.
revocation of designation of agent..

432

432

of summons by publication on..

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of notice of sale under foreclosure by advertisement.
of surrogate's citation by publication..

2389

2522

3. Actions by and against.

when foreign corporation may sue..

1779

cannot sue on debt invalid by laws of state of organiza-
tion

1779

verification of pleadings..

525

allegation of incorporation.

1775

director or officer to be removed only in action by at-
torney-general

1811, 1812

action by attorney-general to try right to exercise privi-
leges within state.

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Corporations -Continued.

XI. FOREIGN CORPORATIONS- Continued.

4. Provisional remedies; receivers.
attachment in actions against

636

in justice's court

unpaid subscription to stock may be attached

2906

646

Costs.

when judgment enforceable only against attached prop-
erty

injunction order suspending business to be made only on
notice

in what cases receiver may be appointed

judge not to be interested in

I. TO WHOM AND WHEN AWARDED.
when plaintiff entitled of course,
when recovery is less than $50
against defendant, served with notice of no personal claim..
to defendant of course...

in New York and Kings counties when recovery under $500.
in New York city court when recovery under $250.
in Kings county court when recovery under $250.
when discretionary

on judgment for one of several defendants..
when several actions brought on same instrument..
when different parties prevail on different issues.
increased damages not to carry increased costs.
after offer of judgment by defendant.
after offer to compromise counterclaim.
after sufficient tender......

when tender accepted...

tender to include costs to date.

707

1809, 1812

1810, 1812

47, 49

3228

3228

423

3228

3228 3228

3228

3230

3229

3231

3234

3257

738

739

733

734

731

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on order for new trial for failure to file decision within time
limited

1010

not awarded against municipal corporation unless claim pre-
sented before action.

3245

against person suing or sued in representative capacity..
of proving genuineness of paper after demand for admission
thereof

3246

735

of action brought on discontinuance in justice's court on
answer of title..

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not to be taxed in proceedings before court of claims.

274

counsel or attorney fees not allowed in court of claims.
party testifying not entitled to witness fees..

274

3288

attorney testifying for client not entitled to witness fees.... 3288

II. HOW AWARDED; JUDGMENT; COLLECTION.

decision or report to award..

1022

power of referee to award.

1018

clerk to insert amount in blank in final judgment.
judgment against executors, etc.....

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Continued.

III. AMOUNT Continued.

upon settlement

as condition of adjournment of trial.

when recovery less than $50..

on confession of judgment..

increased damages not to carry increased costs..

clerk's fees in civil actions.

additional allowance in difficult cases.

certificate entitling party to costs or increased costs.
disbursements to be included...

IV. IN SPECIAL ACTIONS.

In aid of attachment,

in action by plaintiff...

Action to charge joint debtor.

how awarded..

Action to determine claim to real property.

on defendant's default......

Creditor's action against heirs, etc.

3260

3255

3228

1275

3257

3301

3253, 3254

3248

3256

sheriff's fee on execution may be taxed against each de-
fendant

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677

1941

1645

1839

1839

1774

1774

1774

Dower.

fees, etc., of commissioners or referee to admeasure.... 1612

Ejectment

when judgment taken against one subject to rights of
others

1518

by grantee of lands held adversely, suing by grantor..... 1501 Foreclosure.

on dismissal of complaint on payment of interest and
part of principal due..

1634

additional allowance to plaintiff in forclosure, etc.. 3252, 3254

taxation of..

on foreclosure by advertisement.

2403

2401, 2402

Matrimonial actions.

allowance for, in action for divorce or separation..

award of, in divorce or separation..

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collection against unknown owners on actual partition..
fees and expenses of commissioners..

1769

1769

1757

3411

3411

1579

1559

1559

1555

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IV. IN SPECIAL ACTIONS- Continued.

Actions by or against state or public officer.

action by state for benefit of municipality..

3243

action by people on relation of private person.

3242

on consolidation of actions by people against different
defendants.

1989

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on judgment of ouster from office..

1956

individual liability for costs of action in nature of quo

warranto against corporation...

1987

against school officer or supervisor.

3244

increased costs to defendants sued for official acts.. 3258, 3259

V. ON STATE WRITS.

on alternative mandamus are discretionary..

2086

on peremptory mandamus to be awarded as on motion
not to exceed $50 and disbursements.

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non-payment punishable as contempt when awarded by final

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2007

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on application for judgment on frivolous pleading..
fees of referee to superintend discovery of book.
proceedings to punish for contempt not affected..

VII. INTERLOCUTORY COSTS.

on issue of law.

collection

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damages for delay by way of costs in court of appeals.. 3251, 3254 expenses of reference on justification under undertaking on appeal to court of appeals.

1335

on appeal by plaintiff from judgment for defendant in con-
demnation proceeding.

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