of action or special proceeding; general rule concerning.
effect upon of death or marriage of party.

of death, before or after verdict, report or decision.
in actions for seduction or other personal wrongs

of vacancy or change in the judges of the court.
of failure or adjournment of the court.

in actions to recover real property..

755-759, 761-766

755, 761

.763, 765

764

25

44

1521

in actions of replevin..

1736

in actions brought by public officer, receiver or trustee.
effect of abatement, on limitation period for defendant.

766

412

if action abates, money deposited by defendant on arrest, in lieu of bail,
is to be refunded to him.

585

time for abatement of action cannot be extended by court or judge.
if action abates, notice of lis pendens may be cancelled.

784

1674

revival of action, when cause of action survives or continues, in whole
or in part

on transfer of interest, or devolution of liability.

757-760
756

on death of plaintiff, who is public officer, trustee, executor, etc...766, 1828
of nuisance.
of arbitration (see ARBITRATION).

1662

CENI

924

2544, 2612

of notary public; his protest and memorandum, when evidence of dishonor
of negotiable paper.

of witness to will, on proceedings for probate (see WILL)
service of summons or papers on absentee (see SUMMONS; SERVICE).
administration upon estate of absentee (see EXECUTORS AND ADMINISTRATORS).
arrest of absentee, or attachment of his property (see ARREST; ATTACHMENT).

Abstract Companies:

searches by, may be used in place of official searches.

Acceptance:

of bill of exchange; proof of presentment for (see BILLS of Exchange and PROM
ISSORY NOTES).

3256

id., in surrogates' courts.

when accounts exceed $400, justice of the peace has no jurisdiction.

id., as to justices' courts of Albany and Troy.

judgment of discontinuance in such actions.

386

531

2941

531

2942

1013

1015

2536

2863

3223

2950

749

803-809

644, 654, 710

public officer, executor, etc., may sue on account vested in him in official ca-
pacity.

books of; discovery and inspection of (see Books).
taken by sheriff on warrant of attachment.
production of on trial, how required.

by principal on bond, on application of sureties to be relieved.
by committee of lunatic (see LUNATICS, IDIOTS AND DRUNKARDS).
in surrogates' courts; intermediate account defined.

judicial settlement of account defined.

accounts belonging to decedent pass to executor or administrator.
accounts owing by decedent; in what order paid by executor.
to be filed and preserved by surrogate..

.867, 868
867

749, 752-754

2361
3283

by executor or administrator (see EXECUTORS AND ADMINISTRATORS)..
by guardian of infant (see GUARDIAN AND Ward),
by testamentary trustee (see TRUSTEE).

by receiver (see RECEIVER; SUPPLEMENTARY PROCEEDINGS).

Acknowledgment:

of consent of person to be guardian ad litem for an infant..
conveyance acknowledged, or record thereof, is evidence.
what other instruments may be acknowledged..

of submission of controversy, upon facts admitted...

1279

of consent of indemnitors to be made defendants in place of sheriff.
of certificates of sale, when land is sold on execution..
of certificate of satisfaction or of redemption, when land is redeemed from
execution sale.

1422

1438

..1463, 1470

of assignment of judgment or mortgage, to show creditor's right to redeem 1464, 1465
of report of commissioners in action for partition.

id., as to report in action for dower..

of written submission of case to arbitration, and of the award.

1554

1610

.2366, 2372

2502

may be taken by clerk of surrogate's court with the same force and effect as

if taken by county judge..

of renunciation of appointment as executor or administrator.
of selection of an executor under a power..

2590, 2628
2625

of instrument authorizing issuance of ancillary letters testamentary, etc...... 2631
of waiver of service of citation..

of indebtedness, to bar statute of limitations..

must be in writing..

of consent of widow to accept gross sum, in lieu of dower.

fees for taking...

Action:

definition of; of civil action; of criminal action (see DEFINITIONS).
in law, and suit in equity; distinction abolished...

difference between action and special proceeding..

how commenced in courts of record (see SUMMONS; APPEARANCE)
in courts of justices of the peace (see JUSTICE of the Peace).

parties to actions (see PARTIES).

fimitation periods for bringing actions (see LIMITATIONS).

pleadings in actions (see PLEADINGS).

provisional remedies in actions (see ARREST; Attachment; Injunction;

RECEIVER; DEPOSIT; PROVISIONAL REMEDY).

evidence in actions (see EVIDENCE; DEPOSITION).

trial of actions; modes of trial (see Trial; JURORS REFERENCE).

place of trial of actions (see TRIAL).

judgment in actions (see JUDGment).

appeals in actions (sec APPEAL).

execution in actions (see EXECUTION).

actions relating to real property (see EJECTMENT; PARTITION; Dower;
MORTGAGE; DETERMINATION; Waste; NuisanCE; TRESPASS; FORCIBLE
ENTRY AND DETAINER).

relating to chattels (see REPLEVin; Lien; JusticE OF THE PEACE).

for divorce, separation, or to annul a marriage (see MATRIMONIAL
ACTIONS).

relating to a corporation (see CORPORATION).

relating to a decedent's estate (see EXECUTORS AND ADMINISTRATORS;
WILL; DEVISE; LEGACY; NEXT OF KIN).

on official bonds (see BOND).

for a penalty or forfeiture (see PENALTY OR FORFEITURE).

for injury causing death (see DEATH).

for suing in another's name (see NAME).

on an assigned claim (see ASSIGNMENT).

upon a judgment (see JUDGMENT).

on lost negotiable paper (see BILLS OF EXCHANGE AND PROMISSORY
NOTES).

by or against unincorporated associations (see Association).

by or against public officers (see OFFICER).

against persons jointly indebted (see JOINT Debtors; PartNERS),

against usurper of office or franchise (see Usurper).

to vacate letters patent (see LETTERS PAtent).

for public funds illegally obtained, converted, etc., (see Public
FUNDS).

for libel or slander (see LIBEL and Slander).
to recover property escheated (see ESCHEAT).

for relief formerly obtained by scire facias or quo warranto (see SCIRE
FACIAS; QUO WARRANTO).

in justices' courts (see JUSTICE OF THE PEACE).

for discovery (see DISCOVERY).

in regard to partners (see PARTNERS).

Section.

to compel conveyance of real property (see INFANTS; LUNATICS, IDIOTS
AND DRUNKARDS).

judgment creditor's action (see Judgment Creditor).

abatement of actions (see ABATEMENT).

consolidation of actions (see CONSOLIDATION).

joinder of actions (see PLEADINGS).

Additional Allowance (see ALLOWANCE).

does not abate action, process, etc..

of court, not to be to Sunday.

special term of supreme court may be adjourned to chambers.

of term of county court..

of trial before referee.

of examination of witness before trial.

of hearing for appointment of committee for lunatic.

34

.35, 36

41

44

6

239

355

1026

876

2325

2248

by surrogate, or surrogate's clerk, of proceedings in surrogate's court..

2444

2490, 2502

3186

3255

of trial of summary proceedings for dispossession from land.

of hearing before arbitrators.

of trial of marine cause in New York city court.

of trial in justices' courts (see JUSTICE OF The Peace),

costs on adjournment of trial..

Admeasurement of Dower: (see DOWER).

Administrator (see EXECUTORS AND ADMINISTRATORS).

Admission

to the bar (see ATTORNEYS AND COUNSELLORS).

of service of summons.

of service of citation or subpoena in surrogates' courts.

of part of plaintiff's claim by defendant's answer.

by plaintiff of counterclaim; plaintiff may take judgment for the excess.

of genuineness of paper may be requested.

penalty for refusing..

by member of corporation, when evidence.

434

2531

511

512

735

735

839

Ad Quod Damnum, Writ of (see ASSESSMENT OF Damages, Writ of)...1991, 2103

Adultery:

proceedings for; public may be excluded

right of husband or wife to testify in proceedings for

divorce for (see MATRIMONIAL ACTIONS).

Advancement:

5

831

adjustment of, in decree for distribution in an accounting in surrogate's court.. 2738

Adverse Possession (see LIMITATIONS). -