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AMOTOR.
ABANDONMENT. (See SEPARATION, AOTION POR.)
ABATEMENT OF ACTION OR SPECIAL PROCEEDINGS:
not produced by vacancy in judges..

25
failure or adjournment of court..

44
does not occur, if cause of action survives.

756
proceedings upon transfer of interest, etc..

756
when sole party dies...

757
when one of several parties dies ......

758
when part of a cause of action survives ......

759 - 760
on death or marriage of plaintiff...

761, 762
for a wrong, not produced by death after verdict, etc. ........................

764
not produced by death of public officer, trustee, etc...

766
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....

1736
of action by or against executor or administrator...

1828
action, etc., not to abate on account of change of name of defendant; amond-
ment, etc......

2417
ABBREVIATIONS:
what allowed..

22
ABSENCE:
from the State, effect of, on limitation of action....

....391, 401
United States, designation of person on whom to serve the summons, in case of, 430
the State, when ground for publication, etc., of summons. ...... 436, 438
issuing warrant of attachment..........

636
United States, presumption of death, in case of ......

841
of witness to will must be accounted for, before testimony dispensed with, on
probate of will....

2619
id.; proof of handwriting of testator, when admitted

9620
testimony taken upon probate of will may be used on hearing for revocation of
probate, when witness absent from the State.....

2851
ABSENTEE:

for temporary administration upon estate of absentee. (See ADMINISTRATOR,

TEMPORARY.)
ACADEMY:
what provisions not applicable to....

................. 1804
or select school, incorporated by regents, title as to voluntary dissolution of cor-
porations, not applicable to.

..............

2431
AOCEPTANCE:

by plaintiff of offer of compromise made by defendant in action in justice's court, 2002
of tender. (See TENDER.)
of offer to liquidate damages. (See OFFER.)

of judgment. (See OFFER.)

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AOOOUNT:

SECTION.
of money in custody of clerk of court of appeals....

203 - 208
clerk of New York marine court, must account for fees...

331
when cause of action accrues on

386
how pleaded; demand of copy of...,

531
of county treasurer, how kept and when rendered..

752, 753
books of, discovery and inspection of ......
production of, how compellable...

867
reference of issue involving a long account..

1013
of commissioners of jurors of New York, how rendered.

1118
for Kings county

1133, 1102
of highway commissioner, or trustee of school district, execution collected on
judgments against, to be allowed on settlement of ......

1931
district attorney must render to county court

1968
to be filed by committee of lunatic, etc., annually

2341, 2312
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

2514
decree settling, in surrogate's court, must contain summary thereof..

2551
when justice of the peace has not jurisdiction in action on...

2863
pleading in action on account in justice's court...

2941
party may be compelled to exhibit, in such court.

2942
judgment in justice's court when accounts exceed $400.

2950
action in justices' courts of Albany and Troy, when accounts exceed $400.. 3.23
clerk of court of appeals to render account of fees

3:23
id. ; as to justice of the peace in Brooklyn.

3118
id.; as to clerks of certain courts of New York and Brooklyn.

3254
id.; as to certain county clerks and registers.

3235
what fees are to be accounted for by officer....

3236
of moneys paid into court. (See PAYMENT INTO Court.)
ACCOUNTS OF EXECUTORS AND ADMINISTRATORS:
presumptive evidence in action by creditor against heirs, etc....

1848
executor or administrator of deceased executor, etc., compelled to account by
successor.

2605, 2006
fees paid for recording will to be allowed on
additional allowance on, settlement of ....
by executor of deceased executor..

2006
application for settlement of, on petition for revocation of letters testamentary, etc. 21:59
proceedings thereupon......

2690
neglect to appear on citation is ground for summary revocation of letters. 2691
decree on, may award relief for not setting apart exempt property

2721
intermediate accounting, when voluntary :

2722
id., when compulsory; may be contested...

2723, 2730
when surrogate may require judicial settlement of account. ....

2724, 2725
who may apply for accounting; citation thereupon.

2726
order to account; supplemental citation.....

2727
person citedd may bring in other parties; proceedings thereupon

2728
executor, etc., may petition for judicial settlement; citation thereupon.

2729
hearing; contesting intermediate account...

2730
creditor, etc., not cited, may contest....

2731
executor whose letters have been revoked may petition; proceedings.

2732
affidavit to be annexed to account..

2733
vouchers to be produced; evidence of payment in case of lost voucher.

2734
accounting party to be examined, etc

........... 2735
account of executor, etc., may at any time be ordered filed

2735
compensation of several executors or administrators...

2736
when compensation not allowed. ......

2737
one compensation allowed on different letters...

2738
surrogate may determine certain claims; hearing of contest,

2739
effect of the statute of limitations on such claims

2740
surrogate may allow for property lost, etc....

2741
effect of judicial settlement of account......

2742
decree for payment and distribution

2743
id ; when specific property may be delivered

2744
id. ; when money may be retained ......

2745
id. ; share of infant.

2746

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ACCOUNTS OF EXECUTORS, ETC.—Continued :

SECTION.
legacy, etc., to unknown person to be paid into State treasury

2747
when legacy, etc., to be paid to county treasurer.....

2748
executor, etc., may be compelled to render account, on application of creditor
for sale, etc., of real property.

2753
ACCOUNT OF GUARDIAN:
judicial settlement of account may be allowed on his own petition.

2835
ward or new guardian may require..

2837
to be made and tiled yearly in surrogate's office.

2842
affidavit to be annexed thereto

2843
must be annually examined by surrogate..

2844
proceedings when such account, etc., not filed or defective....

2845
when judicial settlement of, may be compelled.

2847
id.; as to guardian of person:

2848
when guardian may compel judicial settlement of...

2849
citation and proceedings thereupon

2850
certain provisions relative to accounts of executors made applicable to.... 2850
appointed by will or deed, intermediate, may be required.....

2855
atiidavit thereto; examination thereof; proceedings when same not filed or
defective .....

2856
when surrogate may compel judicial settlement of account of guardian by
deed or will

2856
proceedings thereon, same as when guardian appointed by surrogate'..... 2856
effect of decree for such settlement.

2857
ACCOUNT OF TESTAMENTARY TRUSTEE:
intermediate accounting by testamentary trustee, when voluntary

2802
id.; when, may be compulsory..

2803
judicial settlement of account of testamentary trustee, how compelled.

2807
id.; who may apply therefor; proceedings thereupon..

2808, 2809
id.; on petition of such trustee

2810
id.; certain provisions as to settlement of executor's accounts made applicable
to.....

2811
decree of surrogate; effect thereof.

2812, 2813
on application of, for leave to resign

2814
ACKNOWLEDGMENT:
justice of the marine court of New York may take.....

320
of indebtedness, repels presumption of payment of judgment.

3741
must be in writing to bar limitation.

395
of bond in legal proceedings, required....

810
of conveyance makes it evidence, but certificate not conclusive

935, 936
of certain instruments make them evidence....

937
of assignment of judgment, when required

1262
fees of oilicer for taking.

.3289, 3291, 3298
ACTION:
not discontinued by change, vacancy, etc., in judges.......

25
parties may stipulate to try elsewhere than at court-house, when...

37
abatement of. (See ABATEMENT.)
trial of, once commenceci, may be continued beyond term.

45
party to civil, may appear in person or by attorney..

55
effect of death or removal of attorney of party to, on

65
on mutual account when deemed to have accrued .

386
when deemed commenced within provisions as to limitations.

....398 - 400
to what, chapter as to limitation of time to b.ing applies

414
includes special proceedings, etc., as used in chapter 4

414
civil, how commenced, in court of record..

416
geverance of, against defendants severally liable.

456
against bail ; requisite to ......

596 - 599
security required on injunction, staying proceedings in.

611 - 619
on undertaking given on obtaining injunction..

625
to recover attached property, etc

......

655, 677-680
time fixed by law for commencement or continuance of, cannot be extended 784
preference among, on calendar

789 - 791
bond taken in, continues in force after change of parties to

816
for damages occasioned by disobedience to subpoena

853, 856
by witness arrested, against person causing

.. 86:7 - 866

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AOTION- Continued :

FECTIO.
may proceed against one or more defendants, where a several judgment has been
rendered against others.....

1205
final judgment unless on merits does not bar second action..

1209
severance of, if issues of law and fact presented..

1220
subject of, may be submitted on case, proceedings on ................. ... 1279-1281
upon undertaking on appeal, when not allowed.

1309, 2573
for damages for levying on exempt property...,

1394
to recover property levied upon, may be brought after inquisition, when.....
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

1663
against guardian, trustee, etc., holding over, etc.; damages therein....

1664
infant may maintain, etc., real action in his own name ........

1656
when replevin of chattel, equivalent to commencement of.

1693
on undertaking in action for chattel, when maintainable.

1733
misnomer of corporation on, must be pleaded ...

1777
against directors of a corporation....

1781-1783
by legatee for legacy, when deemed to have accrued.

1819
by creditor against next of kin, etc., may be joint or several....

1838
heirs or devisees must be joint. ...

1846
to establish a will..

1861
on sheriff's bond; leave to bring; by whom to be brought.

1881
civil, not merged in criminal prosecution..

1899
to recover damages for suing, etc., in name of another

1900-1901
causing death by negligence may be brought by execu-
tor, etc., when...

1902
slander of a woman by imputing unchastity.... 1906
libel, when cannot be maintained

1907-1908
when may be brought by transferee of claim....

... 1909-1912
opon judgment regulated.

1913
ancillary, for discovery abolished.

1914
upon a penal bond..

1915
by surety or trustee, to recover costs

1916
apon lost negotiable paper..,

1917, 1918
by or against unincorporated association

1919-1924
by tax payer, against a public officer....

.... 1925
by and against certain county, town and municipal officers.

....1926–1931
against joint debtors. ....

...1932-1936
to charge judgment upon property of joint debtors not personally served with
summons

1937-1941
composition by one joint debtor; effect of, etc....

1942–1944
against persons engaged in transporting passengers, etc....

1945
may be main ained against partner, not joined as defendant in........

1946
when
may be brought to vacate letters patent...

1957
for a forfeiture....

1962
on a recognizance

1966
by the people for conversion of public funds....

1969-1972
relief formerly obtained by scire facias, quo warranto and proceeding by infor
mation in the nature thereof to be obtained by......

1983
when must be brought in name of the people....

1984
by attorney-general, when separate ones must be consolidated on request of
defendant.

1989
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 ....

2121
for damages by person dispossessed by summary proceedings to recover pos-
session of land ....

2263
against sheriff for failure to collect fine.

2298, 2300
by person wrongfully evicted from real property in proceedings for discovery
of death of life-tenant.

2318
committee of lunatic, etc., may maintain in his own name..... ..

2340
to compel conveyance of real property of lunatic, infant, etc..

2345-2347
against party revoking, to recover costs, etc., of arbitration.

2384-2385
not to abate by change of name of a party thereto.

2417
againsi sureties on official bond not barred or suspended by imprisonment of

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ACTION-Continued :

SECTION.
on undertaking on appeal from surrogate's court, when to be brought.... 2581
on bond of executor, etc., for money received in same or another capacity..2548–2609
in supreme court, to determine validity of probate of will.....

.26630
lemporary administrator, how far may maintain or defend.

2672-2675
time of pendency of action between creditor and executor, etc., not a part of
time limited for certain proceedings ....

3751
for reimbursement from after-discovered property, after sale, etc., of real
property of decendent for payment of decendent's debts.....

2801
upon bond given by third person claiming property attached in justice's court, 2913–2914
upon judgment against joint debtors in justice's court

8021
against constable for not returning execution or paying over money col-
lected ....

..8039, 8041
relating to animals straying upon highway.

3082-3116
on judgment of justice of the peace .....

......3164-3165
definition of, as used in the new revision

8333
division of actions into civil and criminal..

3336
definition of criminal action....

8336
id.; of civil action ....

3337
parties to civil action, how styled ....

3338
distinction between actions at law and suits in equity abolished ......

3339
word action refers to civil action ......

3343
application of provisions concerning commencement of action, and parties
thereto

3347, 3348
proceedings rightfully taken in, not affected by this act.

8362
by or against unincorporated association. (See ASSOCIATION.)
as to the assignment of a cause of, and as to the rights of an assignee.

(See Ass
SIGNMENT; ASSIGNEE.)
by or against corporation. (See CORPORATION.)
for contribution between owners of real property sold on execution. (See Con-

TRIBUTION.)
upon bond for jail liberties. (See BOND FOR JAIL LIBERTIES.)
periods of limitation of. (See LIMITATION OF Action.)
place of trial of. (See Trial.)
consolidation of. (See CONSOLIDATION OF ACTIONS.)
continuance of, after transfer. (See CONTINUANCE.)
criminal. (See CRIMINAL ACTIOX.)
for proceedings, etc., in action to annul marriage. (See MARRIAGE.)
for proceedings, etc., in action for divorce and for separation. (See DIVORCB 3

SEPARATION.)
to recover real property or its possession. (See EJECTMENT.)
for partition. (See PARTITION.)
for dower. (See Dower.)
to foreclose a mortgage. (See FORCLOSURE.)
to compel determination of a claim to real property. (See CLAIM TO REAL PROPERTY.)
for waste. (See WASTE.)
for a nuisance. (See NUISANCE.)
pendency of. (See NotiCE OF PENDENCY OF Action.)
in behalf of the people. (See PEOPLE OF THE STATE. ATTORNEY-GENERAL.)
for public funds converted. (See Public Funds.)
to establish wills. (See WILL.)
against next of kin, heirs, etc., of deceased debtor. (See CREDITOR.)
by judgment creditor, after return of execution. (See JUDGMENT CREDITOR)

(See Costs; See PARTIES.)
AOTION TO ANNUL A MARRIAGE :
when maintainable by woman under fourteen years of age.

1742
in what other cases is maintainable ......

1743
requisites of action, when party was under age of legal consent

1744
on ground that former husband or wife or party is living

1746
of idiocy of one of the parties....

1746
that one of the parties was a lunatic.

1747
when action may be brought by next friend of idiot or lunatic.

1748
issue of marriage annulled for idiocy or lunacy of party, legitimate...

1749
on ground of force, fraud or duress....

1750
custody and maintenance of children of marriage annulled for force, fraud or
duress....

1751
on ground of impotence...

1752
judgment annulling marriage, not to be taken by default....

1783

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