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JUDGE - Continued:

mandamus directed to, may be granted at general term......

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SECTION.

2009

2071

power of, to stay proceeding, and enlarge time in proceedings by mandamus.. 2009
when writ of prohibition directed to, granted.

punishable for contempt, for not making return to writ of prohibition
of court of record, determination of not reviewable on certiorari....
mode of service of writ of certiorari upon.....

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what, may entertain supplementary proceedings................................
certificate of, to entitle party to costs or increased costs.
definition of "judge"

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this act does not affect designation of, under existing laws....
writ of prohibition to. (See PROHIBITION.)
punishment by, for a contempt. (See CONTEMPT.)

JUDGMENT:

(See TITLES OF THE DIFFERENT COURTS.)

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for money on contract, disobedience to, not punishable by arrest or imprison-
ment.....

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summary, for sheriff on bond for jail liberties
final, appeal to court of appeals, from.
interlocutory, review of, by court of appeals.
absolute, when ordered by court of appeals
county court has jurisdiction of action upon
of court of record, presumption of payment of
decree of surrogate's court of the State, when presumed paid..
or decree of court not of record, limitation of action on.....
reversal of, on appeal, effect on limitation of action
by default, when special application to be made for....

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when may be taken without application to the court.

where summons served by publishing, etc., when defence allowed after.
may be taken against one or more defendants severally liable.
when demand and counter-claim are equal or unequal
for plaintiff, on admission of part of his claim..

for excess over counter-claim.

upon failure of plaintiff to reply....

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for plaintiff, controversy between defendants not to delay.
of court of inferior jurisdiction, how pleaded.
on frivolous pleadings......

foreign, when does not affect right to arrest.
how satisfied after deposit in lieu of bail....
security on staying proceedings after .....
when enforced only against attached property.
where attachment has issued, satisfaction of.

requiring delivery or conveyance of property; how enforced.
defects cured by; not avoided by failure of referee to be sworn
obtained by mistake, etc., relief from.

roll, memorandum of tender and acceptance to be annexed to.
against defendant, on offer to allow.

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cannot be entered against party who dies before verdict, etc....
application for, cannot be withdrawn without permission...
subsequent application to another judge, after refusal of, forbidden
for uncollected jury fines in New York

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taken against one defendant, and action proceed as to others

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final, dismissing complaint does not prevent new action, unless, etc.

1209

against party after his death, effect of; memorandum to be entered in docket, etc., 1210

JUDGMENT — Continued:

to bear interest, etc..

by default; in certain actions, how taken..

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amount of, how determined when entered by clerk......
application to court for, when necessary, etc..

on application to court; damages, how ascertained..
application for, in case of service by publication, etc....

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SECTION.

1211

1212

1213

1214

1215

1216

proof of attachment and undertaking required on certain applications for
against infant, after appointment of guardian, etc........
assessment, defendant in default, when entitled to notice of, etc., demand of
notice

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when issues of law and fact arise, court may on recovery of final judgment, etc.,
order severance, etc.

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powers of court on application for, under last two sections
where interlocutory affirmed on appeal.

after trial by jury of specific questions of fact..

reference to determine specific questions of fact.
motion for new trial at general term denied.
trial of issue of fact by court or referee.

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in actions for divorce, etc.; can be rendered only by the court..
final, how obtained after decision awarding interlocutory judgment.
interlocutory, may state substance and direct settlement of final, etc.
certain references, etc., may be reviewed after.

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1227

1228

1229

1230

1231

1232

motion for, on special verdict, how to be made and decided.

1233

on verdict subject to opinion of court, how to be made and decided, 1234
must include interest on amount of decision or verdict......
book to be kept by clerk for entry of, etc.

1235

1236

when may be enforced by execution.

serving copy and punishing for disobedience....
real property sold under, how sold; form and effect of conveyance.... 1242-1244
clerks to keep docket-books of.

to docket on filing of judgment-roll..

must furnish transcripts of; filing and docketing of transcript.

judgment docket to be public.

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not a lien until roll filed and judgment docketed..
lien of, on real property for ten years from time of docketing..
how real property may be levied upon after expiration of ten years..
interest in contract for real property not bound by docketing of.
lien is inferior to subsequent purchase-money mortgage.
certain time is not a part of the ten years, to which lien of, is limited...
court may order lien of, suspended on appeal; entry to be made on docket.
from what time such order suspends lien of....
how lien suspended in any other county.
lien of, how restored when appeal dismissed, etc.....
docket of, how canceled.

person entitled to enforce, must execute satisfaction on payment and request... 1261
assignor of, must acknowledge assignment of, on request..
notice may be filed by assignee or receiver, in lieu of assignment....
how satisfied upon return of execution.....

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entry on docket of, on return of execution unsatisfied.
when clerk to satisfy on payment of execution
Jocket of, how discharged on filing clerk's certificate, etc
against bankrupt, how discharged...
power of court of record, over docket of its own.
assignments of, clerk to file and enter on docket.....
for money, provisions as to docketing, etc., apply only to.....
confession of, without action; married woman may confess..

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1265

1266

1267

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1269

1270

1272

1273

1274

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1275

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1275

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filing of statement for; entry of judgment thereupon..
cannot be entered on, after defendant's death.......
docketing and enforcement..

when whole amount not due; collection of, etc
by joint debtors; effect of, etc..

on submission of controversy without action

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motion to set aside for irregularity, when it may be heard, etc...

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SECTION.

JUDGMENT — Continued:

-

motion to set aside for error in fact, not arising on trial; by whom made.
after death of party.

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by a person not a party; when made..

1283

1284

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where several persons are entitled to move, 1286
to whom notice of, must be given..
how such notice must be given...

1257, 1288

1289

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1321

1345

1384

1432

1507

interlocutory, reviewable on appeal from final..

or order on appeal.....

affirmed on appeal, how enforced, etc.

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mode of canceling or correcting docket of, reversed on appeal..
of supreme court, on appeal from county court where entered.
sale under, etc., to be at auction, and in day time....

for mortgage debt, equity of redemption cannot be sold upon execution on
in action of ejectment, against tenant, must state amount of rent in arrear.

when plaintiff fails to ap, ly for severance of action against
two or more defendants occupying distinct parcels, 1516-1517
where plaintiff's title expires before trial
conclusive after trial of issue of fact.

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the plaintiff's possession not changed by vacating of........... 1529
if defendant recover judgment restitution of possession
must be awarded to him

for partition, where plaintiff is an infant, what must contain
effect of final, upon parties to.....

does not affect one who is not made a party..

1529

1534

1539

1539

interlocutory, when title to be ascertained by court before, 1545
what it must direct......

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how costs collected from unknown defendant....
may be modified, or supplemental rendered, directing
sale, on commissioner's report; further provisions, 1560-1563
interlocutory judgment in, must direct money to be paid
into court, in case of lien..

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directing sale must specify terms of credit...
final, in, on report of commissioners; effect, etc......

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1563
1573

after sale, must be entered; effect thereof, etc...... 1577-1579
may award compensation to equalize partition
final or interlocutory in, may adjust rights of parties as to
rents and profits..........

for dower, interlocutory, for admeasurement of..

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1557

... 1587

1589

1595

1607

1613

1614

appeal from, does not stay pedings unless court so directs, 1616
court cannot direct such stay if respondent gives under-
taking with sureties.

interlocutory judgment for sale, when plaintiff consents to
receive gross sum for dower right..
who bound by a sale thereunder.
after sale, what to provide, etc.

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no other action to recover mortgage debt can be brougat
without leave of court, after entry of..

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final, in foreclosure, effect of conveyance after sale in, on final.....

SECTION.
1632

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disposition of surplus arising upon sale on ......
proceedings to be stayed on payment of amount due after;
proceedings on subsequent default......

1633

1635

when, must direct sale of part only of property; proceedings
on subsequent default. ....

1636

may direct sale of all the property, and payment of sum not
yet due with rebate of intercst.

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in action to compel the determination of a claim to real property, what must be
demanded...

when awarded, etc..........

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after joinder of issue of fact in, is the same as in ejectment.
when defendant claims a reversion or remainder therein....
when final, must award possession and damages to the defendant.
final, for plaintiff in, what must be.

when costs not allowed when taken by default..
effect of......

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1637

1639
1640-1649

1642

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1645

1645

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in action to determine widow's claim to dower, where the plaintiff admits it...
when her right is denied......
for waste, should award treble damages...

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when should award forfeiture of defendant's estate.
against tenant of particular estate.....
interlocutory judgment for partition entered on plaintiff's
election

when final judgment for partition entered therein

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final, in action of nuisance, what to provide....
for treble damages in action for cutting trees, etc..
in action for forcible entry and detainer....
when defendant demanding affirmative one, may file notice of pendency of
action

1673-1674

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when and how delivery of possession of real property under, compelled........ 1675
directing sale of real property in certain actions, must direct payment of taxes.. 1676
id.; to be entered in county where real property is situated.
sale of real property under, how conducted....

1677

1678

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when action cannot be maintained to recover chattel, awarded to defendant
by.

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when plaintiff may require the sheriff to replevy chattel before entry of..
notice of demand of, for return of chattel by defendant..
final in replevin, what must contain....

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to annul marriage, when establishes legitimacy of children.
when to provide for maintenance of children.
nct to be rendered by default, etc.....
how far conclusive....

for divorce, not to be taken by default, without proof..

provision as to property, etc., of parties.

for a separation, what to provide..

for divorce or separation must direct as to custody, etc., of children, 1771

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... 1772
when enforced by punishment for contempt, 1773
regulations respecting, by default in matrimonial actions...

1745

1751

1753

1754

1757

.1759, 1760

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1766, 1769
1767

1774

in action against corporation on note, etc., may be taken, unless order served
for trial of issues...

1778

sequestering property of a corporation.

1784

powers of a receiver appointed by, in action to dissolve a corporation...
when stockholder's liability, declared by, in action to dissolve corporation...
in action to dissolve corporation..

1789

1790

1793-1795

annul corporation; appointment of receiver...

1801

copy of roll in such action to be filed and notice published..
when creditors not presenting claims precluded from benefit of........
director, etc., can be suspended or removed only by the final..

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in action against executor, etc., enforceable against decedent's estate, only when

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in action against executor not evidence of assets in defendant's hands...
superseded executor; effect of....

costs how and when awarded against executor......
in action by creditor against next of kin, etc.

heirs and devisees

heirs, etc., when to be satisfied out of land....
when not a lien on land aliened
how taken when land aliened

effect of, establishing will.................

in action to establish will.

JUDGMENT - Continued:

SECTION

in action against executor, etc., when two causes of action joined, must specify
whether against defendant in representative
capacity or individually.
to be separately docketed, etc.
when some not served....

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1815

1816

1817

final against heir or devisee, effect of...........
against executor not a lien upon real estate of decedent, unless so made by its
terms.

1821

1823

1824

1830

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1835, 1836

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1852

1853

1854

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establishing lost or destroyed will..

action to determine validity, construction or effect of will.

final, in judgment creditor's action to compel discovery of property.
receiver may be appointed by, in judgment creditor's action.
when collusive one, does not bar subsequent action for penalty...
when may be for part of penalty or forfeiture.

to include interest on verdict from time of killing, to entry of......
when assignable; effect of transfer, when judgment reversed, etc.
action upon, regulated..

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in action against unincorporated association, effect of..
against defendants jointly indebted, when all are not served..
action to charge defendants in such, not personally served....
against joint debtors, satisfaction of as to one....

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in action for dissolution of a partnership, and an accounting.
final, in action for usurping office, etc.

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to vacate letters patent.
transcript to be sent to county clerk.........

when in action for a penalty or forfeiture, recovery may be had for a part..
in action upon forfeited recognizance.................
for disposition of recovery in action by people for conversion of public funds,

notice to be published before, in action by people to recover real property es-
cheated or forfeited......

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effect of, against unknown defendants in action by attorney general, to recover
real property escheated or forfeited.
for costs may be taken against the people.
effect and form of, when against the people....
one committed under a final one, not entitled to habeas corpus or certiorari.... 2016
when legality of, cannot be inquired into on return to habeas corpus or certio-
rari..
order for discharge of prisoner, enforced in same manner as.
final order on mandamus to be deemed a........
of body or officer included in term "determination," in provisions concerning
certiorari.......

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effect of, directing conveyance by guardian or committee of infant or lunatic in
action to compel same.....

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on award after submission of controversy..
sale under foreclosure by advertisement equivalent to sale under.
upon what, supplementary proceedings can be instituted..
decree of surrogate's court docketed, has same effect as a.
when action on, lies in justices' court......

2082

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what the word "judgment" refers to, as used in this act....
application of provisions concerning, on and after September 1, 1877.
in case of counter-claim. (See COUNTER-CLAIM.)

3343, sub. 20

3347

demand of, in pleading. (See ANSWER; COMPLAINT; COUNTER-CLAIM.)
original, how used to enforce contribution after sale on execution. (See CON-
TRIBUTION.)

exemption from arrest, etc., of person attending pursuant to. (See WITNESS.)

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