SUPPLEMENTAL: pleading. See COMPLAINT; PLEADING. SUPPLEMENTARY PROCEEDINGS: when court may discharge for contempt in Vol. Sec. order to examine judgment debtor after return of execution..n, 23 the different remedies under this title.. nature of; review of orders... what judge may entertain..... before return of execution.. undertaking may be required, etc.. either order may require attendance before a referee order to examine person having property, etc., of judgment proceedings when judgment is against joint debtors receiver, when and how to be appointed. cases where this chapter is not applicable; what property cannot commenced before one judge may be continued before in what county judgment debtor, bailee, etc., must atter!.11. 2459 proceedings upon examination referee to be sworn... order permitting person indebted to pay debt to sheriff... how money or property applied to pay the judgment.. service of certain orders... of a warrant how proceeding discontinued or dismissed.. costs to judgment creditor... upon what judgment, and to what county, the execution must notice to other creditors of application. II. 2464 only one appointed; former receivership extended title to personal property extended by relation. county clerk to record order, etc.; penalty for neglect. to be subject to control of court... on decree of surrogate's court, docketed, etc.. general term to examine applicants for admission to practice...I. may change place of trial of actions in other courts, when......, 98 I, 93, 95, general term justices; designation, term of office, vacancies, etc. 11. 2467 11. 2468 903 may be held by two justices. associate justice, when to preside. officers required to attend.. SUPREME COURT- Continued. general term justices may act without department...................I, 224 general terms, times and places of holding, how appointed...I, 225-227 re-argument ordered, if two justices do not concur.. duty of sheriff, as to rooms, etc.. fees of officers attending, how paid.. special terms, circuit courts, and oyer and terminer, times and places for holding publication of appointments.. governor may appoint extraordinary terms general powers and duties of justices. Judges of other courts in New-York may be designated to hold terms.. .I. 235 failure of a term, governor how to prevent.. adjournment of special term to judge's chambers; trials there- judges of superior court of Buffalo may make orders. reporter of, how styled.. term of office; how appointed and removed. publication and price of supreme court reports.. stenographers for, in first district. in counties of second district... in the other districts...... salaries of the latter, how paid. temporary; his expenses, etc., how paid.. removal of cause to and from superior city court. See SUPERIOR .....I, 319 I, 354 Injunction order against State officer, issued by, at general termi only ..I, 605 may appoint receiver in certain cases ...I, 862 their powers; may decide causes after designation ex- ..I, 236 .I, 236 .I, 237 ..I, 239 ..I. 240 .I, 241 ........I. 244 place of trial of actions... Justice of, may order discharge of witness arrested. .....I, 769 Appeals: I, 1056 ...I, 1293-1323 Judge may order additional Jurors for circuit or oyer and ter- general regulations applicable to appeals.. from Judgment of inferior court; when it lies... .1, 1340 ...I, 1342 .....I, 1343 under four preceding sections, how and where heard, Judgment or order, where entered, etc.. ..I, 1344 to general term from final judgment or order in same court, 1, 1346-1348 from interlocutory judgment, in same court, etc...........I, 1349 SUPREME COURT - Continued. Tol. Sec. to general term from final judgment, rendered after interiocu court. limitation of time. stay of proceedings. papers upon which heard judgment-roll on affirmance where to be heard: judgment where entered.. from order in special proceeding.. See SPECIAL PROCEEDING. .......I, 1351, 1352 may entertain application of guardian of infant, etc., to agree to application to, for leave to sue sheriff's official bond. ..11, 1961 II, 2017 11, 2023 when such writ may be made returnable before another judge. penalty on court or justice for refusing, etc., habeas corpus or proceedings on return of writ.. justice of, when to take bail on certiorari... when justice of, may issue certiorari or habeas corpus to inquire, ..11. 2025 justice, or court, may issue warrant to bring up prisoner about to be removed, proceedings thereon.. 11, 2054-20 may take ball pending appeal in habeas corpus or certiorari, II. 206-36 at what special term of, mandamus may be granted II, 104 .....11, 2912 has jurisdiction of person and property of lunatic, idiot, and 11, 2330 duty of such court, exercising such jurisdiction 11, 2323 supplementary proceedings may be instituted before Justice of .....11, 2434 authority of officer or court to act as surrogate, in case of dis- ...II, 2709 new action may be brought in, after answer of title in Justice's ....11, 2953 actions and special proceedings pending in mayor's court of TAKING. ...II, 3197 SURETY. See, also, BAIL; BOND; BOND FOR JAIL LIBERTIES; UNDER- must justify to undertaking or bond, when one is sufficient.. ...........I, 811 when several may justify, in smaller accounts.. SURGEON. See PHYSICIAN. Vol. Sec. arising on foreclosure sale, under judgment, disposition of......11, 1633 and other sales; when paid to surrogate... distribution of.. ...II, 2404-2408 sale of decedent's real property to pay debts; pending appeal..II. 2769 SURPRISE: relief from judgment, etc., obtained by. SURRENDER. See BAIL; BOND FOR JAIL LIBERTIES. SURROGATE AND HIS COURT: is a court of record....... seal of surrogate to be seal of court... .......II, 3111 ...I, 724 3 ..I, 27 certain appeals from, have preference on calendar, when..........I, 791 judgment debtor.... in action against executor.. ..I, 1380, 1381 consent of, required before infant can bring action for partition, II, 1534 ..II, 1886 Jurisdiction of the court, and authority of the surrogate : not lost by defect in record. effect of exercise of........ exclusive; what surrogate's court has.. concurrent of two or more surrogates' courts.. how affected by locality of debts. II, 2909-2911 .II, 2472 in new or altered county. ..II, 2478 incidental powers of the surrogate. transfer of proceedings to proper county .II, 2479 ...II, 2480 this chapter applicable to previous wills, etc.. .II, 2481 the office: .II, 2482 Disqualifications and disabilities of the surrogate, and vacancy in who to act as surrogate in case of vacancy or disability......II, 2484 proceedings in New-York and Kings counties regulated....II, 2490 temporary surrogate; when board of supervisors may ap- ...II, 2485 .11, 2486 ...II, 2487, 2188 ...II. 2489 ....11, 2491 .II, 2492 ...II, 2493 .II, 2494 .II, 2495, 2496 other disqualifications; when objection must be taken......II, 2497 non-residents' estates, papers to be transmitted to secretary of State ....II, 2503 when to attend at his office, etc. .II, 2505 SURROGATE AND HIS COURT-Continued. General provisions relating to the court; clerk and stenographers: Vol. Sec. books to be kept.. papers and books to be preserved.. ..11, 2500 court always open.. 11. 2564 when and where court held by county judge... seal... process, where and by whom served. Process, and service thereof; parties: appearance: proceedings to be commenced by citation.. citation, contents of.. clerks in surrogate's office clerk of surrogate's court; how appointed; his powers......II, 209 clerk or employee, not to be appraiser, attorney, etc. IZ 15 IL 214 who must be cited; persons constituting a class; rule if n 9.13 personal service within the State; how long before re- upon persons unknown, etc.... when and how made; contents thereof.. service upon a corporation, Infant, lunatic, etc.. what time service required before return. attorney must be regularly admitted. appearance; how made, and effect thereof........ infant, etc.; additional requirement in certain cases special guardian; when to be appointed. surrogate's father or son not to practice before him.. proof of service of citation, subpoena, etc. notice of proceedings to appoint... Pleadings: written pleadings, when required; when oral suffice...JI, 23 discovery of books and papers.... mistakes, omissions, defects, and irregularities... Payment of money into court; miscellaneous practice regulations: depositions taken and to be used within the State.. 11. 253 Hearing including jury trial and reference: taken without the State, for use within the State........II. 1938 11, 2338 county, how taken in another county. stenographer: general duty. minutes of testimony, how authenticated.. testimony of aged, sick, or infirm witness in surrogate's to be bound in volumes, etc. bequest, etc., does not disqualify, etc., witness, etc... when surrogate may direct a reference; referee's powers, exceptions to surrogate's decision; taking and settling; what ..II. 2544 11, 2545 trial by jury.. II. 2546 how reviewed 11, 249 appeal from order thereupon: costs.... award of jury trial on reversal in probate cases.... |
