action for, may be brought in county court..
undertaking to stay by injunction
damages thereupon

preferred on calendar, in certain case..

mode and place of trial....

where maintainable, ejectment cannot be..

in partition, when dowress must be made defendant
right of, not admeasured, how treated....

Vol. Sec.

..........I. 340

I, 616

...I, 617

...I, 791

....I, 968, 982
.....11, 1499

..II, 1538
11, 1553

court may direct sale of; sale, proceeds, etc..........II, 1567-1570
inchoate, married woman may release to husband.......11, 1571

investment of proceeds

action for, limitation...

against whom brought.....

who may be made defendants

damages may be recovered; how estimated..

against alience, etc.....

...II, 1583-1585

II, 1596

....II, 1597

...II, 1598, 1599

.....II, 1600

fees and expenses

against heirs, etc., aliening land..

collusive recovery, not to prejudice infant..

complaint, what to state......

interlocutory judgment for admeasurement of...

to be awarded against defendant, only for
or claimed by him.

..II, 1601

final judgment

..II. 1614

final judgment on confirmation of commissioners' report...1, 1613
plaintiff may recover damages; court may modify
junior incumbrances not affected by admeasurement of......11, 1615
gross sum in lieu of, plaintiff may consent to receive... .II. 1617
defendant may obtain leave to pay; proceedings, etc...II, 1618
interlocutory judgment for sale, plaintiff consents....... II, 1619
directing distinct parcel to be admeasured

liens to be ascertained before judgment for sale..

payment of, or sales subject to.........

report of sale.

II, 1620

.11, 1621

.11. 1622

.II, 1623

action for..

provisions as to sale, etc., in partition, made applicable to

...II, 1624

claim for, cannot be made basis of action to determine claim to
real property..

.11, 1625

..II, 1638

.11, 1647

denied.

....II, 1648

.II, 1649

action against widow to determine her.
proceedings where right admitted.

right of, how affected by Judgment of divorce.

......11, 1759, 1760

may be included in sale of real estate of infant, lunatic, etc..11, 2362

when belonging to infant, etc..

when barred by sale on foreclosure by advertisement..

.II, 2363
......II, 2395

in lands of decedent held under contract and sold to pay debts...

11, 2794-2795

DRUNKARD, HABITUAL. See LUNATICS, IDIOTS, AND HABITUAL DRUNK-
ARDS: COMMITTEE.

DUTCHESS COUNTY:

crier for courts of record in..

Jail liberties for

.........I.

91

stenographer for supreme court, county court, etc., in .......1, 256, 257

E.

EARNINGS:

of debtor, when exempt..

EDITOR:

when action for libel cannot be maintained against...
when it can be maintained.

EFFECT:

when the various provisions of this Code take effect..

damages.

interpleader, by order, in

mode and place of trial..

judgment enforced by execution......

definition of action of......

damages in action of, what to include

when may be brought in superior city court.....
undertaking to stay by injunction...

EJECTMENT, ACTION OF. See REAL PROPERTY, ACTION TO RECOVER.

who may maintain action of.

against whom action must be brought

who may be joined as defendants in action of....
may be brought for non-payment of rent, when...

against tenant, when possession to be restored after judgment
and execution,...

against tenant, amount in arrear must be fixed by verdict or
report and stated in judgment, etc......

against tenant, how proceedings may be dismissed on payment
or tender, etc.....

may be brought when right of re-entry is reserved for want of
distress.

-II, 1505

II, 1506

--П. 1507

11, 1508

when use of property set off against rent accruing after
judgment.

what complaint must state, in action of....
when ouster to be proved in action of.

action of, to be severed when there are distinct occupants, 11, 1516, 1517
plaintiff may recover a portion only of property claimed, II, 1518
verdict, etc., where plaintiff's title expires before trial.....II, 1530
abatement of action of.....

action of, to be severed when different persons succeed to the
property, etc.........

effect of judgment after trial....
new trial may be granted, when, etc...

effect of judgment by default, etc.....

............II, 1522, 1523

possession of plaintiff under judgment not to be affected by va-

...II, 1325

11, 1526

cating judgment, except, etc....

evidence on new trial of action in............
damages recoverable in action of..

-II, 1529

-II, 1530

provisions as to, are applicable to action to determine claim to
real property...

may be maintained in case of infant against whom collusive re-
covery of dower is made...

permanent improvements by defendant may be set off against
damages

11, 1531

...II, 1532

11, 1605

II, 1642

reversioner may bring action for, after default of tenant, etc... II, 1680
defendant may be restrained from committing waste during ac-
tion of..........

***II, 1681
liability of purchaser from defendant, pending action of...II, 1685

EJECTMENT, ACTION OF-Continued.

Vol. Sec.

action of, not barred by final order in summary proceedings for
possession of land..

.....11, 2264

order in proceedings to discover death of life-tenant not evidence
in action of....

.II, 2319

by the people to recover real property escheated or forfeited for
treason. See ESCHEAT; TREASON.

for provisions generally applicable to real actions. See REAL
PROPERTY.

action to recover real property by landlord having right of
entry..

for want of distress..

See REAL PROPERTY, ACTION TO RECOVER.
possession of real property awarded, how delivered....
entry on another's properly for a survey, etc.....

See SURVEY.

costs thereupon.

11, 1504

II, 1505

11, 1675

.....II, 1682, 1684

-II, 2233
....II, 1669

.......II, 2234, 2235

.II, 2245

........II, 2247

.II, 2250

See, also, SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF REAL
PROPERTY.

distinction between actions at law, and suits in equity, and forms
of actions, abolished.............

of prisoner going to, etc., or returning from hospital; re-arrest,

what is, and effect thereof..

I, 127

damages in action for, by assignee of bond.....

judgment against sheriff for, evidence against sureties..

sheriff liable to action for; mode of service of summons.... 1, 158, 426
penalty for connivance of sheriff, etc., at......

..I, 155

159

..1, 161

of sheriff, coroner liable for......

stay of proceedings under judgment against sheriff, for
defence of sheriff, in action for........

of prisoner in action by sheriff; coroner's liability for.........1, 179, 181
limitation of action against officer for.......

.1, 177

..I, 385

ESCAPE-Continued.

Vol. Sec.

of defendant, after arrest in action, renders sheriff liable as bail. I. ST
of execution debtor, new execution against person or property
may issue after.........

ESCHEAT:

----I, 1492

ejectment for real property, attorney-general must bring.IL 197
notice of object to be punished...

unknown claimants made defendants......

effect of judgment against. ........

must be in name of the people.....

ESTATE:

action for partition, life holder in fee, when made party...11, 1539, 153
rights of holders of future estates protected, etc......
investment of proceeds of sale of...

in action for dower, defendant...

II. 15)
IL 15, 199

..J1, 1369, 153–115

to determine claim to real property, what barred by ja iz-
ment......

for waste, holder liable.

Judgment against tenant of particular estate.

owner of, who holds over, etc., a tresspasser, etc.

in remainder, etc., holder of, may maintain action, when......
particular tenant of, may be removed by summary proceedings,

etc........

11, 221
how included in sale of real estate of infant, lunatic, etc... 11, 22
273
.............. - II, 235

submission of, to arbitration....

EXAMINATION:

of insolvent debtor applying for discharge from his debts........11, 2172
of insolvent debtor, applying for exemption from imprisonment,

II. 2193

of person cited on proceedings for discovery of property withheld
from executor, etc..

of guardian, etc., in proceedings for accounting..
of judgment debtor, etc., in supplementary proceedings. See
SUPPLEMENTARY PROCEEDINGS.

of executor, etc., in proceedings for accounting.
of testamentary trustee, in proceedings for accounting..
of inventory and accounts of guardian must be made annually
by surrogate..

in criminal action, pleading not to be used as.....
certain testimony competent, on new trial, where party testify-
ing at former trial is dead...

.1, 830

admission of member of corporation, when competent against
corporation.

....I. 519
840

of consideration, how far seal is, upon executory instrument.....1,
common or unwritten law of foreign country, etc., how proved,

1. 942

sheriff's return is presumptive, in action on undertaking given in
action for chattel

IT. 1734

when inventory may be contradicted in action against executer.

on trial of action to annul marriage
I, 1754
Judgment annulling marriage, how far conclusive..
to obtain judgment establishing lost or destroyed will.............II, 1965

11, 1822-18
.....11, 1753

EVIDENCE-Continued.

Vol. Sec.

.II, 1917, 1918

secondary, in action upon lost negotiable paper.
Judgment against joint debtors is conclusive, of liability of those
served

....II, 1933

how far discharge, record, etc., is evidence in proceedings for dis-
charge of insolvent from his debts..

..II, 2181

affidavits of sale on mortgage foreclosure by advertisement, and
record thereof, are presumptive

...II, 2398

answer of witness in supplementary proceedings cannot be used
as evidence against him.

...II, 2460

order for execution and decree for payment against executor,
etc., is conclusive evidence of assets..

.....II, 2552

further, may be received by appellate court on appeal from sur-
rogate's court

.II, 2586

letters testamentary, etc., are conclusive evidence of authority,
etc.....

required on probate of lost or destroyed will.
will, etc., certified by surrogate may be read in...........
probate; how far conclusive....

record of certain wills heretofore proved, how far

...II, 2591

...II, 2621
.....II, 2629
...II, 2626, 2627
evidence,

II, 2631, 2632

......II, 2633

record of will'of real property to be received in .
when testimony of witness taken on probate of will may be used
as evidence on revocation of probate...
...II, 2651
decree, etc., for probate of heirship is presumptive, etc...... ...II, 2657
record of will, proved elsewhere in the United States, is presump-
tive evidence....

..II, 2703
....II, 2711

on examination in proceedings for discovery, of property with-
held from executor, etc....

of payments made by executor, testamentary trustee, guardian,
etc., in case of absence, loss, etc., of voucher......II, 2734, 2811, 2850
Judicial settlement of account of executor, etc., is conclusive of
what........
Judgment or decree is presumptive evidence of debt before surro-
gate in proceedings to dispose of decedent's real property,
etc..
.II, 2756, 2757

II, 2742

...II, 2931

constable's return is presumptive, in action on undertaking
given in action for chattel in justice's court...
entries in docket-book of Justice deposited with town or city
clerk, are presumptive only.

......II, 3148

See, also, COMMISSION; DEPOSITION; DOCUMENTARY EVIDENCE; OATHS AND
AFFIRMATIONS: WITNESS.

EXCEPTION:

settlement of, by judge out of office, allowed....

in causes tried at certain circuits, etc., in New-York, before whom
settled......

ruling excepted to, how reviewed.

.........I, 25

.I, 236

..I, 992

..I, 993

.1, 994

.1, 995

.1, 996

.......I, 997

to be stated in case on appeal or on motion for new trial...
when may be ordered heard in first instance at general term.....1, 1000
motion for new trial on, at general term, after interlocutory