ABANDONMENT. (See SEPARATION, ACTION FOR.)
ABATEMENT OF ACTION OR SPECIAL PROCEEDINGS:
not produced by vacancy in judges...
failure or adjournment of court..
does not occur, if cause of action survives.
proceedings upon transfer of interest, etc..
when sole party dies.....
...... .... .... ...... ........
...... ....
.....................
.... ........ ............ ...... ...........
when one of several parties dies......
when part of a cause of action survives...
on death or marriage of plaintiff....
for a wrong, not produced by death after verdict, etc............................... ............
not produced by death of public officer, trustee, etc...
time within which action is to abate, unless continued, cannot be extended........ 784
of action of ejectment...
1521
id.; action to be divided, after death of party, when, etc.................1522, 1523
proceedings on death of parties plaintiff, or defendant in action for partition.... 1588
and revival of action for chattel....
of action by or against executor or administrator.......
action, etc., not to abate on account of change of name of defendant; amend-
ment, etc......
United States, designation of person on whom to serve the summons, in case of,
the State, when ground for publication, etc., of summons.......
issuing warrant of attachment....
United States, presumption of death, in case of.........................
of witness to will must be accounted for, before testimony dispensed with, on
probate of will.............
id.; proof of handwriting of testator, when admitted......
testimony taken upon probate of will may be used on hearing for revocation of
probate, when witness absent from the State...
for temporary administration upon estate of absentee. (See ADMINISTRATOR,
TEMPORARY.)
what provisions not applicable to......
or select school, incorporated by regents, title as to voluntary dissolution of cor-
porations, not applicable to.............
by plaintiff of offer of compromise made by defendant in action in justice's court, 2892
of tender. (See TENDER.)
of offer to liquidate damages. (See OFFER.)
of judgment. (See OFFER.)
of money in custody of clerk of court of appeals......
clerk of New York marine court, must account for fees............
when cause of action accrues on ......
how pleaded; demand of copy of..........
of county treasurer, how kept and when rendered..
books of, discovery and inspection of.....
production of, how compellable.....
reference of issue involving a long account.....
of highway commissioner, or trustee of school district, execution collected on
judgments against, to be allowed on settlement of.............
district attorney must render to county court
to be filed by committee of lunatic, etc., annually...
......2341, 2342
of proceeds of sale, etc., of real estate of infants, etc., must be directed, etc.... 2361
definition of "judicial settlement of account," and "intermediate account," as
used in chapter on surrogate's court.
decree settling, in surrogate's court, must contain summary thereof..
when justice of the peace has not jurisdiction in action on...
pleading in action on account in justice's court..........
party may be compelled to exhibit, in such court.
judgment in justice's court when accounts exceed $400...
action in justices' courts of Albany and Troy, when accounts exceed $400..
clerk of court of appeals to render account of fees.
id.; as to justice of the peace in Brooklyn.
id.; as to clerks of certain courts of New York and Brooklyn.
id.; as to certain county clerks and registers..
what fees are to be accounted for by officer....
of moneys paid into court. (See PAYMENT INTO COURT.)
ACCOUNTS OF EXECUTORS AND ADMINISTRATORS:
presumptive evidence in action by creditor against heirs, etc..
executor or administrator of deceased executor, etc., compelled to account by
application for settlement of, on petition for revocation of letters testamentary, etc. 2889
proceedings thereupon.
neglect to appear on citation is ground for summary revocation of letters.......
decree on, may award relief for not setting apart exempt property
intermediate accounting, when voluntary
when surrogate may require judicial settlement of account..
who may apply for accounting; citation thereupon.
order to account; supplemental citation.....
person cited may bring in other parties; proceedings thereupon
executor, etc., may petition for judicial settlement; citation thereupon..
hearing; contesting intermediate account.....
creditor, etc., not cited, may contest....
executor whose letters have been revoked may petition; proceedings.
affidavit to be annexed to account..
vouchers to be produced; evidence of payment in case of lost voucher.
accounting party to be examined, etc
account of executor, etc., may at any time be ordered filed
compensation of several executors or administrators.....
when compensation not allowed....
one compensation allowed on different letters..
surrogate may determine certain claims; hearing of contest.
effect of the statute of limitations on such claims
...... .... ...... ............
surrogate may allow for property lost, etc.................. ............ ....................................... .......................................
effect of judicial settlement of account......
decree for payment and distribution
id; when specific property may be delivered
id.; when money may be retained......
id.; share of infant.
ACCOUNTS OF EXECUTORS, ETC.-Continued:
legacy, etc., to unknown person to be paid into State treasury
when legacy, etc., to be paid to county treasurer................
executor, etc., may be compelled to render account, on application of creditor
for sale, etc., of real property.
ACCOUNT OF GUARDIAN:
judicial settlement of account may be allowed on his own petition.
ward or new guardian may require.
.............. ...... ...... ....
to be made and filed yearly in surrogate's office......
affidavit to be annexed thereto
must be annually examined by surrogate..
proceedings when such account, etc., not filed or defective...
when judicial settlement of, may be compelled.
id.; as to guardian of person.
...... ...... ...... ...... ......
........ .......... ...... ...... ........
when guardian may compel judicial settlement of....
citation and proceedings thereupon.
certain provisions relative to accounts of executors made applicable to.... 2850
appointed by will or deed, intermediate, may be required...
affidavit thereto; examination thereof; proceedings when same not filed
defective.
when surrogate may compel judicial settlement of account of guardian by
deed or will
proceedings thereon, same as when guardian appointed by surrogate......
effect of decree for such settlement.....
ACCOUNT OF TESTAMENTARY TRUSTEE:
intermediate accounting by testamentary trustee, when voluntary
id.; when, may be compulsory...
judicial settlement of account of testamentary trustee, how compelled..
id.; who may apply therefor; proceedings thereupon..
id.; on petition of such trustee .....
id.; certain provisions as to settlement of executor's accounts made applicable
to....
decree of surrogate; effect thereof.
on application of, for leave to resign
justice of the marine court of New York may take.......
of indebtedness, repels presumption of payment of judgment.
of bond in legal proceedings, required....
of conveyance makes it evidence, but certificate not conclusive
of certain instruments make them evidence....
of assignment of judgment, when required.
fees of oflicer for taking.
not discontinued by change, vacancy, etc., in judges......
parties may stipulate to try elsewhere than at court-house, when....
abatement of. (See ABATEMENT.)
trial of, once commenced, may be continued beyond term....
party to civil, may appear in person or by attorney.
effect of death or removal of attorney of party to, on
on mutual account when deemed to have accrued ....
when deemed commenced within provisions as to limitations.
to what, chapter as to limitation of time to bring applies
includes special proceedings, etc., as used in chapter 4.
civil, how commenced, in court of record...
severance of, against defendants severally liable.
against bail; requisite to......
security required on injunction, staying proceedings in..
on undertaking given on obtaining injunction..
to recover attached property, etc.
time fixed by law for commencement or continuance of, cannot be extended
preference among, on calendar
bond taken in, continues in force after change of parties to .............
for damages occasioned by disobedience to subpoena
by witness arrested, against person causing ...
.......... ..............
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may proceed against one or more defendants, where a several judgment has been
rendered against others......
final judgment unless on merits does not bar second action................ .................. ...............
severance of, if issues of law and fact presented..
subject of, may be submitted on case, proceedings on ...... ......................
upon undertaking on appeal, when not allowed.
for damages for levying on exempt property......
to recover property levied upon, may be brought after inquisition, when.. 1420
purchase price of real property sold on execution, on account of failure
of title.....
.....1479, 1480
not allowed on mortgage debt, while foreclosure is pending, except, etc....1628-1630
for money only, not affected by provisions as to action for a nuisance....
against guardian, trustee, etc., holding over, etc.; damages therein............ 1664
infant may maintain, etc., real action in his own name.................................. ............ ..........
when replevin of chattel, equivalent to commencement of.
on undertaking in action for chattel, when maintainable.
misnomer of corporation on, must be pleaded..
against directors of a corporation...
by legatee for legacy, when deemed to have accrued.
by creditor against next of kin, etc., may be joint or several....
heirs or devisees must be joint..
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to establish a will....
on sheriff's bond; leave to bring; by whom to be brought.
civil, not merged in criminal prosecution......
to recover damages for suing, etc., in name of another.
................ ........
...... 1900-1901
causing death by negligence may be brought by execu-
tor, etc., when.....
slander of a woman by imputing unchastity..
libel, when cannot be maintained
when may be brought by transferee of claim....
upon judgment regulated.
ancillary, for discovery abolished.
upon a penal bond..
...... .... ...... ...... ................
by surety or trustee, to recover costs..
upon lost negotiable paper...
by or against unincorporated association
by tax payer, against a public officer....
by and against certain county, town and municipal officers......
against joint debtors.
...... ...... ...... ......
to charge judgment upon property of joint debtors not personally served with
composition by one joint debtor; effect of, etc............ ................
against persons engaged in transporting passengers, etc....
may be maintained against partner, not joined as defendant in..........
when may be brought to vacate letters patent..
for a forfeiture...
......1937-1941
1942-1944
by the people for conversion of public funds.....
relief formerly obtained by scire facias, quo warranto and proceeding by infor-
mation in the nature thereof to be obtained by.
when must be brought in name of the people.....
by attorney-general, when separate ones must be consolidated on request of
defendant....
when habeas corpus to testify can be issued in.....
2008, 2011
certiorari cannot issue to review determination of court of record or judge
thereof, in a civil action....
for damages by person dispossessed by summary proceedings to recover pos-
session of land.
by person wrongfully evicted from real property in proceedings for discovery
of death of life-tenant.
committee of lunatic, etc., may maintain in his own name.
to compel conveyance of real property of lunatic, infant, etc....
against party revoking, to recover costs, etc., of arbitration.
not to abate by change of name of a party thereto. ............
against sureties on official bond not barred or suspended by imprisonment of
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