페이지 이미지
PDF
ePub

Corporations Continued.
VII. ACTION BY PEOPLE TO ANNUL - Continued.

temporary injunction orders.
judgment-roll to be filed with secretary of state..
judgment to be published..
officers, stockholders, etc., may be compelled to testify.
injunction staying actions by creditors.
creditors may be brought in.
advertisement for claims of creditors.
appointment of receiver....

1802 1803 1803 1805 1806 1807 1807 1810

VIII. ACTIONS TO PROCURE DISSOLUTION.
municipal and political corporations not subject to:

1804 libraries, religious corporations and schools not subject to.... 1804 educational corporations not subject to

1804 grounds of dissolution

1785 action to be brought by attorney-general.

1786 when attorney-general must bring action.

1808 when creditor or stockholder may maintain action.

1786 reference of issues is discretionary when action not brought by attorney-general.

1012 when referee to be appointed by court.

1012 temporary injunction...

1787 modifying temporary injunction.

1787 appointment of temporary receiver; powers.

1788 additional powers to temporary receiver.

1789 appointment of permanent receiver; powers.

1788 when stockholders, etc., may be made parties.

1790 judgment to provide for distribution of property

1793 judgment for unpaid stock subscriptions, when stockholders are parties.....

1794 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. 1805 injunction staying actions by creditors.

1806 creditors may be brought in...

1807 advertisement for claims of creditors.

1807 appointment of receiver..

1810

IX. PROCEEDINGS FOR VOLUNTARY DISSOLUTION. * stockholders” includes " members "

2431 libraries, churches and schools or academies excepted.

2431 when majority of directors may petition..

2419 when directors or stockholders equally divided.

2420 when majority of stockholders direct..

2420 certain corporations excepted.

2420 contents of petition...

2421 inventory and schedule to be annexed.

2421 verification of petition and schedule.

2422 presentation of petition..

2423 order to show cause..

2423 appointment of temporary receiver; powers.

2423 injunction staying actions by creditors.

2423 appointment of referee....

2423, 2426 publication of order to show cause.

2424 servite 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

Corporations - Continued.
IX. PROCEEDINGS FOR VOLUNTARY DISSOLUTION Continued.
notice of motion for final order..

2429 appointment of receiver

1810 final order dissolving and appointing receiver

2429 power of receiver to hold real property,

716 relief of receiver from omissions and defaults.

2424 confirmation of acts of receivers...

2429 transfers of property after fining petition void.

2430 commissions of receiver

2431a final accounting of receiver

2431 application by attorney-general for order to show cause.... 24311 * 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.

1740 judgment for unpaid subscriptions when stockholders are parties.

1794 judgment when assets are insufficient.

1793 action by creditor to enforce liability

1791 account of property and debts of corporation.

1792 apportioning liability

1792

3343 1779

1. FOREIGN CORPORATIONS.

defined
validity of meeting within this state not affected.
1. Jurisdiction.
actions against

by one foreign corporation against another.

by non-resident against of N. Y, city court

1780 1780 1780 315

2. Service of process.
of summons

432 on designated agent

432 designation of agent to receive service of summons proof of designation of agent.. copy of designation of person upon whom to make service, as evidence

931a change of place of service by designated agent.

432 revocation of designation of agent.

432 of summons by friblication on...

138, 439 of notice of sale under foreclosure by advertisement.. 2389 of surrogate's citation by publication.

2522 3. Actions by and against. when foreign corporation may sue..:

1779 cannot sue on debt invalid by laws of state of organization

1779 verification of pleadings.

525 allegation of incorporation.

1775 director or officer to be removed only in action by attorney-general

1811, 1812 action by attorney-general to try right to exercise privi: leges within state.

1948 books are presumptive evidence.

929 certified copy of pook may be offered in evidence.

930 verification of copy of book of.

931 Becurity for costs.

3268, 3270 mdgment by default on service by publication.

1217

Corporations - Continued.
XI. FOREIGN CORPORATIONS — Continued.

4. Provisional remedies; receivers.
attachment in actions against

636 in justice's court

2906 unpaid subscription to stock may be attached

646 when judgment enforceable only against attached prop. erty

707 injunction order suspending business to be made only on notice

1809, 1812 in what cases receiver may be appointed

1810, 1812 Costs. judge not to be interested in

47, 49 I. TO WHOM AND WHEN AWARDED. when plaintiff entitled of course,

3228 when recoyery is less than $50

3228 against defendant, served with notice of no personal claim.. 423 to defendant of course....

3228 in New York and Kings counties when recovery under $500. 3228 in New York city court when recovery under $250..

3228 in Kings county court when recovery under $250..

3228 when discretionary

3230 on judgment for one of several defendants...

3229 when several actions brought on same instrument.

3231 when different parties prevail on different issues.

3234 increased damages not to carry increased costs.

3257 after offer of judgment by defendant.

738 after offer to compromise counterclaim.

739 after sufficient tender....

733 when tender accepted..

734 tender to include costs to date.

731 on confession of judgment.

1275 on submission of controversy

1280, 1281 on judgment for part of claim admitted.

511 on application for judgment on frivolous pleading.

537 on order for new irial for failure to file decision within time limited

1010 not awarded against municipal corporation unless claim presented before action..

3245 against person suing or sued in representative capacity. 3246 of proving genuineness of paper after demand for admission thereof

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

3235 on remission of fine or penalty by county court.

352 as condition of adjournment of trial.

325 payment of, as condition of exoneration of bail.

601 no costs at trial of title by sheriff's jury...

109 not to be taxed in proceedings before court of claims.

274 counsel or attorney fees not allowed in court of claims. 274 party testifying not entitled to witness fees...

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.

1231 judgment against executors, etc..

1835, 1836 III. AMOUNT. special provisions not affected..

3261 amount of costs generally..

3251 amount when discretionary.

3230

Costs - 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...

3260 3255 32:25 1275 3257

3301 3253, 3254

324€ 3236

[blocks in formation]

Creditor's action against heirs, etc.

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

1839 apportionment among defendants..

1839 Divorce.

award of, by interlocutory judgment
docketing interlocutory judgment awarding.

1774 execution not to issue until final judgment

1774 Dower,

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

when judgment taken against one subject to rights of
others

1515 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...

2403 on foreclosure by advertisement.

2401, 2402

Matrimonial actions.

allowance for, in action for divorce or separation..
award of, in divorce or separation....
to co-respondent in action for divorce......

1769 1709 1757

Mechanics' liens.
actions to foreclose in courts of record..

3411 in courts not of record..

3411 Partition. where sale has been had....

1579 on judgment of actual partition..

1559 collection against unknown owners on actual partition.... 1559 fees and expenses of commissioners...

...... 1555

[ocr errors]

Costs -- Continued.
IV. IN SPECIAL ACTIONS — Continued.

Action: 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 judgmegt may be taken against state.

1985 execution not to issue against state.

1985 payment of costs against state or public officer.

3241 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. 2086 not to exceed $50 and disbursements.

2086 on prohibition to be awarded as on motion.

2100 not to exceed $50 and disbursements.

2100 on certiorari to review in discretion of court.

2143 not to exceed $50 and disbursements.

2143 non-payment punishable as contempt when awarded by final order

2007 VI. OF MOTIONS. of motion.

779 collection

779 execution

779 stay for non-payment.

779 taxation on final judgment.

779 may be awarded absolutely or to abide event..

3236 how collected when awarded to abide event.

779 on application for judgment on frivolous pleading.

537 fees of referee to superintend discovery of book.

807 proceedings to punish for contempt not affected.

779 VII. INTERLOCUTORY costs. on issue of law...

3232 collection

3233 no arrest for non-payment, except, etc.

15 award of, by interlocutory judgment.

1231 VIII. ON APPEAL. provisions not applicable to costs on appeal....

3237 from final judgment.

3238 from interlocutory judgment or order.

3239 on appeal to supreme court or appellate division.

3251 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.

3376 from surrogate's court..

2549, 2560, 2.589 from justice's court.

3047, 3060, 3063, 3066, 3067 on new trial, on appeal from justice's court..

3070, 3073 to supreme from N. Y. municipal court.

3213 IX. LIABILITY FOR costs. special provisions not affected.

3250 executor or administrator...

1830

« 이전계속 »