remedy for defective; or want of.. 523 66 when defendant must verify answer to charge of fraud. 529 private statute; how pleaded. 530 account; how pleaded. Bill of particulars.. 531 judgments; how pleaded..... 582 conditions precedent; how pleaded. 533 instrument for payment of money; how pleaded. 534 pleadings in libel and slander.. 535 pleading mitigating circumstances, in action for a wrong. 536 supplemental pleadings.. amended pleading to be served; answer thereto. scandalous and irrelevant matter may be ordered stricken out.. indefinite and uncertain allegations. extension of time to serve.. 543 544 545 546 780-785 replevin. 1720-1725 divorce. false pleading by executors and administrators. PLEADINGS IN JUSTICES' COURTS. 1831 2934-2958 action by, against legatees, etc., to recover its share of testator's property. 1868 1675 1676 PREFERRED AND DEFERRED CAUSES-Continued. when cause passed, how laced upon the calendar. PRINTER- when affidavit of publication may be read in evidence.. PRINTING- 795 PRISONER- written instrument may be partly written or printed. 114 115 116 how kept.. support of.. charges prohibited.. term of imprisonment rates of charges for lodging, etc. prisoner may send for necessaries. charges for rent, etc., prohibited. prisoner, how conveyed to jail through another county See also JAIL. officer or prisoner not liable to arrest. service of papers on.. deposition of See also CONVICT; DISCHARGE; JAIL LIBERTIES. PRIVILEGE-- juror; when not to be questioned for verdict rendered officers, stockholders, etc., not privileged from testifying respecting cor- witness to will not disqualified from testifying respecting execution.. evidence respecting... PROBATE- revocation of probate... PROBATE OF HEIRSHIP. citation; appearance of persons interested.. heirs, etc., may apply to establish heirship.. what facts to be ascertained; decree thereupon decree to be recorded; effect thereof. petition to vacate or modify.. id.; when granted.. PROBATE OF WILLS. what wills may be proved; change of residence not to affect validity.. 2612 supplementary letters; executor not named in letters not to act; power of executor before letters of administration with the will annexed.. who may propound will contents of citation.. validity and construction of testamentary provisions.. proof of lost or destroyed will. probate not allowed, unless surrogate satisfied, etc. will; when sufficiently proved. surrogate's decision on probate.. probate; how far conclusive as to personalty. id.; as to realty. when purchaser from heir protected notwithstanding a devise. recording wills proved elsewhere within the state. records of certain wills heretofore proved; how far evidence.. id.; as to wills of real property. index and fees.. 2635 2636 2637 bond; when required... renunciation; retraction thereof. selection of an executor under a power.. 2638 2639 2040 id.; renunciation or exclusion of persons having prior right. 2644 2645 2096 legal objections, how taken; motion to quash or set aside writ. 2097 return by party; proceedings when he adopts judge's return.. 2098 2099 final order; costs.. 2100 2101 2102 792 395 937 in action against corporation on, no order to extend time unless, etc.. when sheriff may take and convey, etc. 718 "real property" defined with reference to chapter on surrogates' courts.. PROPERTY EXEMPT TO WIDOW AND CHILDREN OUT OF DECEASED'S ESTATE..... arrest, injunction and attachment; when not granted together.. of citation, notice, etc., in surrogates' courts; how made.. additional publication; when required. service of summons by in city court of New York.. where publisher in county refuses to publish. 720 435-439 787 926 1216 1217 2535 2536 .8165, 3170 1xi PUBLIC ADMINISTRATOR- when to be cited on application for letters of administration. " bond.. authority of; when superseded. payments by into State treasury. in Kings county; how appointed; duties... PUBLIC FUNDS; ACTION BY PEOPLE TO RECOVER MISSAPPROPRIATED. enumerated.. PUBLIC OFFICERS- injunctions against attachment for peculation... death or removal of, not to effect abatement of pending action, etc., service of subpoena upon... certificates by, when evidence. 637 766 certain state officers entitled to searches without charge.. may demand delivery of books and papers belonging to office..... 2471a 3290 2471a See also OFFICIAL BONDS. PUELIC OFFICERS; ACTION BY PEOPLE TO RECOVER MISAPPROPRIATED PUB- LIC PROPERTY. .1969-1976 PURCHASE MONEY- when evicted purchaser at execution sale may recover.. 1479 PURCHASE MONEY MORTGAGE- when lien of superior to judgmeut. 1254 PURCHASER- subpoena of city court of New York may be served in QUO WARRANTO, ACTION OF- writ of quo warranto abolished, action substituted proceedings when complaint names rightful incumbent. assumption of office by person entitled. at execution sale; when may maintain action for waste.. injunction, when may be granted. final judgment RAILROAD CORPORATION- service of summons upon in justices' courts.. REAL PROPERTY- 1955 1956 .2880, 2882 definitions. 66 3343 property "real property" in general. 3343 as used in condemnation law. 3358 66 66 in chapter on surrogates' courts. 2514 66 in reference to "inheritance" 2514 "distinct parcel ". 3343 subject to attachment. levy under attachment; how made. 645 649 716 conveyance, when may be ordered. .717, 718 how sold under execution... 1242 66 security upon sale by referee. 1243 66 conveyances of particular interest to state party's name.. 1244 judgment; when a lien upon 1250 bound for ten years by judgment docketed. 1251 may be levied upon after ten years 1252 land held under contract not bound by judgment. 1253 preferences of mortgages for purchase money. 1254 on motion to vacate judgment, notice to be given to occupant of real pro- 1288 execution against property of tenant. 1371 execution awarding possession of 1873 sale under execution, redemption and conveyance thereof, rights and lia- .1430-1478 remedies for failure of title of real property sold under execution, and to ..1479-1486 action to compel determination of claim to judgment may award possession; penalty for disobedience. 66 66 66 special proceeding to recover, not to be taken except as authorized, etc. istrator. SECTIONS ....1496-1531 1638-1650 1675 1677 1678 notice of sale.... 1678 .1679-1084 1585 1688 action to establish will relative to.. effect of application to sell in creditor's action against debtor's next of kin, 1823 1845 1866 debtor's interest in land contract; how reached in judgment creditor's 1874 summary proceedings to recover possession of. 2231-2265 proceedings for the disposition of real property of infant, lunatic or habit- .2345-2364 additional allowance on sale of decedent's in surrogate's court. sale of decedent's real property for debts and funeral expenses .2749-2801 answer of title to real property in justices' courts..... .2951-2958 bany and Troy.. id.; in district courts of the city of New York and in justices' courts of Al- .. fees of referees upon sales of real property. proceedings for the condemnation of.. id; for sale of corporate real property. REAL PROPERTY, ACTIONS RELATING TO- ejectment. partition. 3212 3297 3357-3384 .3390-3397 1496-1531 1532-1595 1596-1625 provisions generally applicable to actions relating to real property. of foreign wills; authentication and proof of same. action for.... See EJECTMENT. 2703, 2704 .1496-1531 715 718 1890 3320 1863 1877 2464-2471 may sue in justices' courts.. 2863 1810 .1788, 1789 2429 1961-1968 866 933 950-954 3196-3202 |