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N.

NAME, FICTITIOUS, when party may be sued by, 198.

NE EXEAT, writ of—

not abolished by the code, 201 n.

when it may issue, 201 n.

is a provisional remedy, 201 n.
need not be by writ, 201 n.

NEW MATTER, in answer-

what is, 163 n.

how it is to be pleaded, 163 n.

NEW PROMISE, to take case out of limitation, must be in writing and signed, 79.
NEW TRIAL, application for should, in first instance, be disposed of as a motion,
296 n.

county court may grant, 38.

costs, on order for, 341.

may be allowed an appeal from a judgment in a justices' court, 383.

no allowance for argument on motion for, 346 n.

appeals in supreme court, from order granting or refusing, 373.

See Motion for a new trial.

NEW YORK CITY, justice's courts in, 62.

marine court of, 60.

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NEXT FRIEND, married woman suing or defending without her husband, must

sue or defend by, 87, 87 n.

amendment by adding, 197 n.

is liable for costs, 91 n.

must give security for costs, 339 n.

of married woman of full age, cannot sue without her consent, 89 n

must be a responsible person, 91 n.

in actions by, defendant is entitled to security for costs, 92 n.
See Married Woman, Habitual Drunkard, Infant.

NON-ENUMERATED MOTIONS, what are, and where to be heard, 467, 468,

NONJOINDER of parties to action,
NON-RESIDENT, what is, 203 n.

469, 491.

to be noticed for first day of term, 468.
See Motions.

demurrer for, when it is well taken, 156 n.

when justices have jurisdiction of, 51 n.

suits against in marine court, 62 n.

in district courts, 63 n.

jurisdiction of county court as to, 37.
effect of judgment against, 131 n.
service of summons on, by publication, 126.
attachment against, 242, 242 n, 244 n.
may issue an attachment, 244 N 245 n.
arrest of, 202.

security for costs in actions by, 238 n.
See Attachment.

NONSUIT, amendments after, 197 n.

plaintiff may submit to, or may be nonsuited on trial before referees,
289 n, 465.

plaintiff has no right to submit to, after the jury have retired to con-

sider their verdict, 466.

See Dismissal of complaint.

NOTE OF ISSUE, party giving notice of trial, to furnish, 268.
when to be furnished, 268.
requisites of, 268.

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in superior court, 493.

in New York common pleas, 268 n, 497.

duty of clerk on receipt of, 268.

for general term, 268 n, 469.

for court of appeals, 268 n.

attorney should not delay filing, 269 n.

NOTES. See Bills and Notes.

NOTICES, to be in writing, 420.
length of, 422, 415.

service of-

may be personal or as prescribed, 420.
may be by mail, 421.

irregularity in, how waived, 421.

when not required, 422.

on party out of the State, 422.

to bring party into contempt, 423.

where party appears by attorney, to be on the attorney, 423.

of motion generally—

length of, 415, 422.

can a judge at chambers abridge the length of? 415 n.

all motions to be on, 466.

of enumerated motion, 467.

of non-enumerated motion, 468.

must ask for costs or the party will not be entitled to them, 414 n.

when it asks for specific relief, or for such other or further order, &c.,
what relief may be given, 415, n.

of motion for leave to issue execution, how served, 308.

of motion for reference must state names of proposed referees, 288 n.

for argument-

in court of appeals, 457.

in common pleas, 495.

in supreme court, 466.

of judgment of affirmance, or reversal by default, when necessary, 458.
of appearance or retainer to be deemed an appearance, 461.

of bail, imports notice of retainer, 462 n.

of trial, 271.

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at adjourned circuit, county court, or oyer and terminer, 34.
before referee, 290, 289 n.

of adjusting costs--

when necessary, 350 n.

what is sufficient, 350 n.

effect of omitting to give, 350 n.

of settling the form of the judgment when it must be given, 303 n.

of sale of real estate, requisites of, 316.

to be inserted in summons, 117.

of no personal claim, 121.

See Personal claim.

of lis pendens, 122.

See Lis pendens.

of appeal-

amendment of, 197 n, 363 n.
See Appeal.

legal, publication of, 425.

of claim of surplus money, 473.

of rehearing in existing suits, 450.

See Constructive Notice.

NUISANCE, injunction to abate, 227 n, 231 n.

writ of, abolished, and action substituted, 346.

NULLITY, a frivolous demurrer is not, 264 n.

a demurrer and answer to the same cause of action cannot be treated
as a, 167 n.

a pleading not signed cannot be treated as a, 173 n.

of marriage, not to be declared by default, 466, 480.

O.

OATHS, clerks in justices' courts may administer, 63 n.

OBJECT of action, notice of, 121.

OBLIGATION, parties to action upon, 95.

OCCUPANTS of State lands, removal of, within jurisdiction of county court, 37.
OCCUPATION, when deemed to be under legal title, 70, 71.

under written instrument, 71.

OFFERS of defendant to compromise the whole or part of the action-

defendant may before trial or verdict offer to allow judgment for a certain
sum, 391.

acceptance of offer, 391.

when offer deemed withdrawn, 391.

effect of offer if plaintiff do not recover a more favorable judgment, 391.
defendant may offer to liquidate the damages, 392.

effect of such offer, 392.

effect of acceptance or refusal of such ffer, 39 .

OFFICE, action for usurping, 431.

66 against several persons claiming, 432.

penalty for usurping, 433.

OFFICER of corporation or banking association, when liable to arrest, 202.

of court-

to act as guardian, 474.

to require sureties to justify, 481.

how compelled to return process, 461.

clerk and chamberlain are, 331 n.

OFFICIAL BONDS, of sheriffs, surrogates, and other officers, proceedings on

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after order of the court, a further order at chambers is irregular, 411 n.

to be filed, 412 n.

made out of court without notice-

may be made by any judge of the court, 411, 412.

or county court or judge, 412.

how vacated or modified, 361.

appeal from, 353 n, 459, 497.

to stay proceedings for more than twenty days—

cannot be made out of court except on notice, 412.

several, each staying the proceedings less than twenty days, but col-
lectively more than twenty days, may be made, 411 n.

when not a stay of proceedings-

for time to make a case, 296 n, 414 n.

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ORDER-continued.

of judge not entered, not affected by the judiciary act, 413 n.

taken against a party through his mistake, inadvertence, surprise, or ex-
cusable neglect, court may give relief, 197.

to stay proceedings, to move to change the place of trial, 109, 471.

on petition, to refer to petition, 470.

on petition may be enrolled or docketted, 470.

on banks for payment of money, 486.
appointing guardian, 477.

to show cause-

motions to be on, or on notice, 466.
in New York common pleas, 49, 497.
for service of summons by publication-
when it will be made, 126, 128 n.
what it must contain, 126, 128 n.

may be made against an infant defendant, 128 n.

must be filed with the clerk, 129 n.

requisites of affidavit to obtain, 123 n.

against a resident defendant who cannot be found, 129 n.

of arrest-

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how executed, 209.

for a commission-

in the discretion of the court, 406 n.

must be served, 406 n.

if intended to operate as a stay of proceedings must be so expressed
on its face, 406 n.

for discovery of books, &c.-

can only be made by the court or a judge thereof, 394 n.

may be made at any stage of the action, 394 n.

is not granted as of course, 394 n.

facts to authorize may be shown by the affidavit of a third party,

394 n.

what to specify, 462.

is a stay of proceedings, 462.

effect of, as to time for serving pleadings, 462, 473.

on defendant to pay amount admitted due by answer-

when it will be made, 253.

will only be made where answer admits a specific sum as due,
254 n.

will not be made after an offer made by defendant and refused by
the plaintiff, 255 n.

to discharge attachment-

when will be made, 251.

undertaking on granting, 251.

is lien of attachment removed by? 251 n.

of judge of court of appeals may be revoked by judges who made
it, 458.

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ORDER-continued.

ex parte, affidavit to obtain, 288 n.

referring the cause refers all the issues, 286 n.

objections to, waived by proceeding on the reference, 288 n.
may be entered nunc pro tunc, 288 n.

is in the discretion of the court, and cannot be appealed, 289 n.

for new trial—

costs on, in discretion of the court, 341.

for injunction generally—

substitute for writ, 226.

in what cases granted or denied, 227, 227 n, et seq.

may be made by the court, or judge, or a county judge, 227.

made by judge, may be enforced as the order of the court, 227.
may be made at general term, 231 n.

appeal from, does not stay the operation of, 231 n.

security on issuance of, 234,

may be granted at commencement of suit or after, before judge.
ment, 232.

to be founded on affidavit, 232.

what is a sufficient affidavit to warrant, 232 n, 233 n.

service of, 226 n.

copy affidavit to be served with, 232.

defendant cannot obtain, 231 n.

damages on, how ascertained, 234.

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what allowed, 234 n.

can only be vacated or modified as prescribed by the 225th section,
238 n.

for injunction to stay proceedings on a judgment, security upon, 234 n.
for injunction to restrain business of a corporation—

by whom may be granted, 237.

to be on notice only, 237.

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66 except, &c., 237.

security on issuance of, 238.

restraining the defendant pending motion for injunction—

in what cases, 233.

security on, 234 n, 235 n.

to show cause why injunction should not issue-

necessary in all cases where application for injunction is after
answer, 232.

may be required in any case, 236.
application for, is a motion, 236 n.
proceedings on, showing cause, 236 n.

to examine debtor to judgment debtor-
what necessary to authorize, 330 n.

requisites of affidavit to obtain, 330 n.

See Affidavit to obtain order to examine debtor to judgment

debtor-

proceedings on order, 330 n.

when it will not be made, 331 n.

notice of, 330.

disobedience to, how punished, 335.

for examination of judgment debtor-
when judgment creditor, entitled to, 323.
examination on, 324.

assignee may obtain, 325 n.

at what time may be applied for, 325 n.

by whom it may be made, 324, 326 n.

requisites of affidavit to obtain, 326 n.

See Affidavit to obtain order for examination of judgment

debtor.

service of, 327 n.

proceedings after, 327 n, 324.

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