Page images
PDF
EPUB

Surveys.

on file in New York county for twenty years, are presumptive
evidence.

965 when court may order

1682 contents and service of order.

1683 authority to enter under order.

1684 commissioners of partition may employ'surveyor.

1552 referee or commissioners to admeasure dower, may employ sur. veyor.

.viu 11609 surveyor's fees in partition or dower.

3299 Syracuse, Municipal Court of the City of.

is not a court of record..
jurisdiction of summary proceedings to dispossess.

2234

3

Tavern-Keepers.
disqualified to act as justice of the peace.

2866 Taxes.

military pay, pensions, rewards, arms, etc., exempt from seizure
for.

1393 to be paid by officer making sale.

1676 property seized for, cannot be recovered in repleyin.

1690 liability to state for, not affected by insolvent debtor's dis"charge.

2184 debtor to state for taxes not to be discharged from imprisonment on execution

2218 summary, proceedings to dispossess tenant for non-payment of. 2231 against decedent, entitled to preference in payment..

2719 additional allowance on certiorari to review assessment.

3253 Taxpayer's Action.

when taxpayer may sue to redress municipal wrong..... 1925 Teachers. may be excused from serving as jurors..

1033 Telegraphs. operators exempt from jury service..

1030, 1081, 1127 proof of exemption

1082, 1128 costs of condemnation when compensation for right of way doesyoT not exoced $50..

3379 service of justice's summons on companies.

2881 Telephone Companies.

costs of condemnation when compensation for right of way does
not exceed $50...

3379 Tenants,

See " EJECTMENT; " LANDLORD AND TENANT; "

MARY PROCEEDINGS TO DISPOSSESS." execution against property in hands of..

1371 Tenants in Common. may maintain ejectment separately.,

1500 ouster must be proved in ejectment between co-tenants.

1515 action of partition by, see PARTITION." action f waste against co-tenant.

1656 action against co-tenant for proportion of Irofits.. Tender. whon tender may be made after suit..

731 costs to date to be included.

731 amount tendered to be paid into court,

782

...

“ SUM

. 1666 Tender - Continued.

'notice of payment into court.
effect of sufficient tender
costs after sufficient tender
accepted amount to be deducted from recovery.
costs when tender accepted

732 733 733 734 734

Testamentary Trustees.

See “ TRUSTEES."

Timber.

proof of title in actions for injury to timber on unoccupied
lands.

960 action for cutting on lands of individual or municipality. 1667 treble or single damages for cutting..

1668 Time. of notice of motion, eight days. :

780 extension of time before expiration

781 affidavit to be served with 'order for extension

781 relief from default

783 not to be extended; for action to abate unless continued.

784 for commencement of action

784 to apply for continuance after death of party.

784 to take appeal, except, etc....

784, 785 for making supplemental complaint to continue action. 784 computation of time of publication..

787 double time when paper served by mail,

798 extension of, to answer or demur in action against corporation on bill or note

1778 for service of notice in N. Y. city court.

... 3161

... 3256

Title Insurance Companies.

searches may be used in lieu of official searches... Town Co-operative Insurance Companies.

change of name

2411, 2413, 2414

Towns.
excepted from judicial supervision.....

1804 not subject to action to dissolve corporation.

1801 by state to annul corporation

1804 order of arrest in action for funds, etc., of.

549 attachment in action to recover funds of

637 preference of actions by or against

791 jurors not disqualified because residents or taxpayers.

1179 proof of ordinances, by-laws, etc.. action for cutting trees, etc., on lands of.

1667, 1668 taxpayer's action to prevent illegal acts, etc.

1925 action by state to recover public funds, see MUNICIPAL COR

PORATIONS."
excepted from jurisdiction of justice's court. ;

2883 jurisdiction of justice's court over actions by or against officers. 2865 venire in justice's court in action between two towns.

2992 penalties for allowing animals to run at large, see STRAYS. costs when action brought by state for benefit of a town. 303 'no fees for administering oaths to town officers..

329

Town Clerk.
certified copies of papers filed or recorded in office are evidence.

934 deposit of justice's books with

3144-3147 jury list to be filed in office of.

1039 to transmit copy of jury list when lost or destroyed.

1039 serve.

Transfer Tax,

state may be made defendant in action affecting realty subject ! to tax,..

447 Transportation.

non-joinder or misjoinder of defendant in action against per.
sons engaged in......

1945
filing statement of names of members of jointstock association,
etc., engaged in

1945 Treason.

attorney-general to bring ejectment for real property forfeited
for.

1977 advertisement of pendency of action

1978 joinder of “unknown claimants"

1979 effect of judgment against unknown claimants.

1980 report of recoveries to land office...

1981 action to recover personal property forfeited.

1982 action to be brought in name of people.....

1984 Trees,

proof of title in action for injury to trees on unoccupied lands. 960 action for cutting on lands of individual or municipality. 1667 treble or single damages for cutting......

1668 Trespass. place of trial of action for peralties for trespass on forest pre

983 action for damages for encroaching wall to be brought within two years.

1499 persons holding over after determination of trust or estate. 1664 reversioner may sue for damages to inheritance. ...

1685 cutting trees, etc., on lands of individual or municipality. 1667 summary proceedings to dispossess trespassers..

2232 when notice to quit required

2236 petition for sale of animals found trespassing.

3086 See “ STRAYS." • damages entire when scveral animals trespass.

3100 Trial.

for mode of trial in different actions, see titles of actions.
in justice's court, see " JUSTICE OF THE Peace.”
when proceedings may be private

5 stenographic notes of proceedings

83 issues of fact triable at special or trial term at adjourned term of court

34 may be adjourned to another place

41 if commenced may be continued beyond term

45 may be had at chambers by consent

239 clerk, sheriff, etc., not required to attend trials at chambers. 239 view by court or jury in action for waste

1659 marine causes in city court of New York.

3186 for exceptions at the trial, see EXCEPTIONS. I. THE ISSUES; BRINGING ON THE TRIAL,

See, also, “ Issues; " " Notice OF TRIAL." when issue of fact arises on alternative mandamus.

2079 issues must be disposed of by trial

965 order of trial of issues of law and of fact.

966 court may direct order of trial of issues in same action

67 immaterial issues need not be tried..

975 issues to be tried at terms held by one judge only.

976 note of issue to be filed

977 classification of issues

977 order of disposition of issues.

978. 979 preference of issues the calendar, see PREFERRED

CAUSES
either party may bring isst es do trial....

980

- 976

on

Trial Continued.
1. THB ISSUES; BRINGING ON THE TRIAL - Continued.
notice of trial

977 time for service by mail

798 time for service in N. Y. city court.

3161 for what day notice may be given in N. Y. city court. 3162 order for, to be served with defendant's pleading in action against corporation on till' or note..

1778 papers to be furnished at.'

981 on replevin to be furnished to court or referec....... 1717 II. PLACE OF TRIAL.

supreme court may change, in actions pending in other courts. 218 removal from N. Y. city court to supreme court.

819 from county court to change place..

343 in supreme court, summons must specify place. ,

417 complaint to specify

481 provisions of sections 982-990, applicable only to supreme court.

991 when governed place of subject-matter.

982 actions triable where cause arose..

483 in county of residence of party.

984 where triable when all the parties are non-residents.

984 action to be tried in county designated in complaint, unless place changed.

985 demand for change of place

986 motion to change place

987 when court may change place

997 proceedings subsequent to change.

988 county clerk to transmit filed papers on change,

988 order to change takes effect on entry.

989 where motion to set aside order changing, heard.

989 where appeal from order chanring, heard, .

989 issue of law triable in any county in judicial distriot.

990 III. BY JURY. feigned issues abolished

823 jury of part aliens abolished

1190 to be had as prescribed by code..

1190 on questions stated and settled in application for appointment of committee for incompetent

2334 venire to procure jurors not necessary.

1191 1. Issues triable by jury of right. on demand, in action to annul marriage..

1753 of issue of adultery in action for divorce..

1757 action to annul corporation

1800 action in nature of quo warranto

1950 action to vacate letters-patent.

1958 issues of fact on alternative mandamus.

2083 of application for insolvent debtor's discharge on demand of contesting creditor of right on demand..

2168 summary proceedings to recover possession of land of right on demand

2247 demand for, in marine causes in city court of New York of right on demand..

3185 of specific issues of fact when of right.

970 method of waiving trial bv jury..

1009 counterclaiın is an action for purpose of trial by court or jury. .

974 what issues are triable by

968 issues of fact in partition of right.

1344 upon reversal on facts of decree of surrogate on probate must order..

2688 action to determine validity of probate of will..

2653a ... 1164 .... 1165

Trial - Continued.
III. BY JURY

Continued.
2. When discretionary.

questions of fact arising in proceedings before surrogate
to sell real property of decedent to pay debts..

2547 may be ordered on specific questions of fact when discretionary.

823, 971 in New York county, of proceedings in surrogate's court for probate of will

2547 order for trial of questions of fact arising on prohibition. 2099 3. Formation of the jury. clerk to prepare and deposit ballots.

1163 to draw ballots mode of drawing ballots persons drawn from the jury:

1166 disqualification for relationship

1166 objection for relationship ballots drawn deposited in second box.

*** 1186 returned to first box on discharge of jury.

1168 of absent and excused jurors returned to first box. 1169 second jury may be drawn before first discharged.. 1170 when talesmen to be procured

1171, 1172 or juror's drawn from third box.

1171 disqualification of sheriff to summon

1173 notice to talesmen and return the portalesmen

1174 fine of talesman for non-attendance.

1174 exceptions and challenges to talesmen.

11. 1174 no objection that jurors not on original panel.

. 1175 peremptory challenges.

1176 no challenge because officer drawing, party or interested. 1177

because officer notifying is party or interested.... 1178 challenges in penal actions for money...

10, 1179 employees of parties subject to challenge. stockholder of corporation party subject to challenge.... 1180 challenges tried by court only

1180 review of determination of challenges

1180 4. Verdict and discharge of jury.

for purpose of exception, trial continues until verdict
rendered

992 failure of jury to agree

1181 proceedings after disagreement of jury.

1181 plaintiff cannot submit to' nonsuit after jury' retires. 1182 jury to assess damages in action for money...

1183 jury to find single damages and court to increase, when double, etc., damages given by statute.

1184 rendition of verdict subject to opinion of court.... 1185 general and special verdict defined.

1186 when general or special verdict to be rendered.

1187 appeal from judgment where general or special verdict rendered

1187 special finding controls general verdict.

1188 entry of verdict on olerk's minutes.

1189 of judgment on verdict

1189 IV. BY COURT. elsewhere than at court house, by stipulation...

37 what issues of fact are triable by..

969 issues remaining after after jury trial of specific questions... 972 issues of law are triable by

969 counterclaim is an action for parpose of trial by court of jury.

974 issues of law triable at special term.

978 when issues of law may be tried as contested motion.., 976

1180

« PreviousContinue »