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Special guardian:

on sale, mortgage or lease of infant's, etc., real estate,

bond of....

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prosecution of bond.
Special Term:

not more than one counsel to be heard on a side...
time allowed each counsel.

Rule 47, 204
Rule 47, 204

Statutes:

rules of practice cannot nullify.

35

Stay of proceedings:
order of discovery to operate as.

Rule 16,

83
order not to operate as, if served after action has
been noticed. ....

Rule 37, 168
when granted for motion to change venue.

Rule 48, 204

Stipulation:

oral, when not enforced...
between parties or attorneys to be in form of order...

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Submission:

of case, if appellant only appears.
of briefs and points. ..
of controversy, papers on.

Rule 39, 178

195
Rule 41, 187, 189

Subpoena:
to compel attendance of witness, to obtain testimony
for use without the state..

Rule 17,
petition for, what to state.

Rule 17,
to compel production of books and papers. Rule 17,
to state books and papers required..

Rule 17,
when to be served ......

Rule 17,
application to vacate or modify.

Rule 17,
failure to obey; order to show cause.

Rule 17,
order to show cause, return of..

Rule 17,

86
86
86
86
86
86
86
86

Rule 10,

Substitution:
of attorneys

by consent, service of order.
without consent, effect of.

66
66
66

Summing up:

of counsel on each side.
time allowed. ...
counsel to stand while.
who entitled to reply
restraint upon counsel.

Rule 29, 120
Rule 29, 120, 123

120
122
123

Rule 29,

Summons:

Page
service of, proof of, how made.

Rule 18, 89, 98
when and how made.

90
on natural person..

90
on domestic corporations.

91
on foreign corporations...

92
on officer of corporation who has resigned.

93
on foreign fire insurance company.
admission of..

97
affidavit of

97
and complaint, proof of service of, in matrimonial ac-
tions.

269

94

Rule 72,

Rule 25,

Supplementary proceedings:

application ex parte, for order in, what to state..
receivers in

application for leave to sue...

117

284
Rule 78, 286

Supreme Court:

how constituted.
judicial districts.
judicial departments..
Appellate Division, how constituted.
justices, terms, vacancies. ..

judges of City Court become.
compensation.
age restrictions..
assignment by government
not to receive fees.

Const., Art. VI, § 1,
Const., Art. VI, $ 1,
Const., Art. VI, $ 2,
Const., Art. VI, $ 2,
Const., Art. VI, § 4,
Const., Art. VI, $ 5,
Const., Art. VI, $ 12,
Const., Art. VI, $ 12,
Const., Art. VI, § 12,
Const., Art. VI, $ 20,

1
1
4
4
7
8
15
15
15
24

Sureties:

justification of
attorneys not to be
affidavits of
when several may justify, each in a smaller sum.

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Surplus moneys:
arising from sale of mortgaged premises, to be paid to
chamberlain or county treasurer.

Rule 61, 241
order of reference to ascertain who is entitled to.. Rule 64, 250
referee to ascertain priorities of liens....

Rule 64, 250
claimants to be served with notice of reference. ... Rule 64, 250
disposition of, generally ......

251
proceedings to determine claims.

253
powers of referee..

254
report of referee, confirmation..

255

Surrogates' Courts:

powers and jurisdiction...
papers in cases in, where filed...
case and exceptions, when to be served.

Page
Const., Art. VI, § 15, 18

Rule 2,

41
Rule 32, 138

T

Time:
to answer or demur, order extending.

Rule 24, 114
extension of, Code provisions.

115
additional, when to run.

116
how computed ....

116
allowed counsel in Appellate Division..

Rule 47, 204
on appeals from orders and non-enumerated mo-
tions....

Rule 47 204
to serve case, application for extension.

Rule 32, 138

Title:
of plaintiff in partition, reference to determine.......

trial of, when defendant is in default.

Rule 66, 259

260

Transcripts:

of judgments, to be furnished and docketed..

65

Trial:
change of place, motion when to stay proceedings. ... Rule 48, 204
affidavits on, what to state.

Rule 48, 204
Code provisions respecting.

205
power of Supreme Court.

206
demand by defendant.

206
where county designated is not proper.

207
when impartial trial cannot be had..

208
for convenience of witnesses . .

208
number of witnesses, when to govern.

211
place where action arose, when to govern.

211
affidavits on motion for......

212
different rule in several departinents..

214
examination of party before.

Rule 82, 290
affidavit, what to specify.

Rule 82, 290
sufficiency of affidavit.

292
who

29.5

order,

may make.

Trust company:

entry of deposit of money of court..
statement of accounts..

Rule 69, 261
Rule 69, 261

U
Undertakings. See Bonds.

Page
to be filed with proper clerk.....

Rule 4,

49
proceedings vacated for failure to file.

Rule 4,

49
justification of sureties..

Rule 5, 51
acknowledgment of..

Rule 5,
on appeal, approval of .
form of...

53
approval of, by court or judge.

53
sureties, when several may justify, each in a smaller sum.

55
effect of failure to justify....

55
books for filing in Appellate Division and other courts.. Rule 7,

51

52

60

V

Venue:
change of, motion to stay proceedings.

affidavits on, what to state..
Code provisions respecting.
power of Supreme Court.
demand by defendant..
where county designated is not proper county.
for convenience of witnesses...
number of witnesses, when to govern.
place where action arose, when to govern.
affidavits on motion for.
different rule in several departments.

Rule 48, 204
Rule 48, 204

205
206
206
207
208
211
211
212
214

W

Witness:
attendance of, to procure testimony for use without

the state.
may be required to produce books and papers. ... Rule 17,
order to show cause, to compel. ....

Rule 17,

Rule 17,

86
86

86

Witnesses:

examination of, to be conducted by one counsel. ..... Rule 29, 120
testimony not to be written by counsel.

Rule 29, 120
cross-examination, scope, etc....

121

Writ of inquiry:

to be executed in county where action is triable. ..... Rule 26, 118

INDEX — COURT OF APPEALS

А
Admission of attorneys:

Page
rules of Court of Appeals respecting.

463
court may make and change. .

464
court may exempt graduates of certain law schools.. 465
admission without examination of citizen who has practiced three
years in another state or country...

467
no person to practice unless admitted.

463
law examiners:
board created..

464
members, terms.

464
compensation..

481
rules respecting examinations.

478
to account annually to Court of Appeals.

465
period of study:
of college graduate....

469
of non-college graduate.

469
of attorney of another state.

469
time not to be duplicated..

471
period of law study, how shortened..

474
period of study of soldiers and sailors of Spanish war.

482
what constitutes law school year.

471
what vacation allowed......

471
certificate of attorney of commencement of office clerkship. 471
evidence of commencement of law study.

475
filing attorney's certificate nunc pro tunc.

475
age at which term of study may be commenced.

471
study in law school may be for entire period..

471
college graduate must pursue study after graduation.

471
regents' examinations:
required of non-college graduates.

471
subjects of ..

471
proof of having passed.

476
regents' certificate:
when deemed to take effect.

471
certain, validated.

481
filing nunc pro tunc

475, 481
examinations:
at least twice annually in each department.

464

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