No. 1. Order to enforce Contribution, &c. [Caption, &c. p. 78. Scribner v. Hickok and Hickok, Nulla bona, administrators, &c. and Boardman and others, 4. J. Ch. faction; con530. See 84, No. 3.] A motion having been made on tribution; the part of the defendant, Horatio Hickock, that the cancelling order of this court of the 20th of April, 1813, staying decree, &c No. 1. Order proceedings on the execution issued in the name of this vacating or complainant, but at the instance of the defendant Horatio der to stay Hickock, and levied on the property of the defendant, Daniel Board nan, might be vacated, and the said notion being debated as well by Mr. A. Van Vechten, plainant for of counsel for the defendant, Daniel Boardman, as by the benefit of Mr. J. V. Henry, on behalf of the said Horatio Hickock, fendants who and the petition and documents acccompanying the said had paid the motion, and the affidavits produced and read against the decree di said motion being duly considered, and inasmuch as the decree, &c. [See the residue of this order in 4 Johns. other defend- Ch. 532-4.
execution
issued in
name of com
contributive The form of a satisfaction of a Decree may be drawn
portion, the
same be le.
vied and col-
lected, with-
out prejudice
to a Bill for
further con-
tribution.
No. 2. Certi-
ficate of sa-
tisfaction of a
mortgage,
pursuant to
The directions
from those in common use, observing the directions of
the Statute. [2 R. S. 182-3 § 98-100.] The follow-
ing is a special satisfaction of a Mortgage pursuant
to the direction of a Decree. [See this Decree p 86.
and the Case, nith, &c. v. Carl, &c. p
297. 303.]
No. 2. Certificate of satisfaction of a Mortgage, pursuant to the Direction of a Decree.
In obedience to, and in part performance of a decretal of a decree. order of the Court of Chancery, in and for the State of New-York, bearing date the 29th day of December, in
rules of court No. 2. attachment'
p. 84-5. and as to endorsements
thereon, 2 R. S. 536-7. § 11. 13.
15. R. 22. As to test and return
of process, see R 19. 2 R. S 178.
65. ante vol. 1. p. 194. It is the
duty of the sheriff to return pro.
cess of contempt to the court, not
to the clerk's, or register's office, Spelling v. Watrous, 6 Aug. 1830. On motion for pluries attachment, alias having been returned to the Assistant Register's office, and a certified copy produced by Solici. tor (J, Rhoades) on motion.
the year of our Lord 1829. between C. B, W. B., and CHAP. II. M. H., complainants, and I. C., B. R., S. K., and J. C., defendants: We, the said I. C., B. R., S. K., and J. C., the said defendants, do hereby severally certify,that a certain indenture of mortgage bearing date the 14th day of April, in the year of our Lord 1818, executed by T. H. to us the said I. C., B. R., and S. K., to secure the payment of the sum of nine thousand seven hundred and fifty dollars, and registered in liber of mortgages, page, in the office of the Clerk of the county of Suffolk, on the — day of April, 1818 is satisfied to the end that in obedience to the said decretal order, satisfaction of the said mortgage may be entered of record. Dated this day of January, 1831. Witnesses present.
Abatement; see 236; On sales 127;
deficiency of assets 147.
Abbreviated statement, case, 51. for
hearing 47, 48.
Abode, service 37, 38. 56.; inter-
rogatories 166.
Absence, from office 39. 55-56, for
years, evidence 166.
Absentees, order 73, 74.
Abstract 139, 140, of the case 51.
or facts of the case for hearing on
motions 47.; of decree in Mas-
ter's office 104. of proceedings on
enrolment 458. 460. of title 135-6.
246. n.
Account, accounting: Dr. and Cr.
202-4. 105. 111-114. 166. 194. n.
of assets 50.; rents 125. in exe-
cutorial suit 103-5. 109-14. 166. ;
accounting parties 111-113. inter-
rogatories and examination 157-
201.; bringing in accounts 104,
105 111-113. 202-4.; report on
231.; account by way of discharge
after sale 144.; order for ac-
counts 90 and n.; Account books
166.; partnership accounts 166.
Acknowledgment 166.
Actions at law, directed 266.
Address in petitions or bills 20, 21.
Adjournment, hearing, &c. 45-47.
58, 59. 69. 315. 365.;
102. of examination
130. ǹ.; costs of 62.
Administration of assets under a will
103, 104. &c. 109. &c. 166.; ad-
ministration entries 166.; Admin-
istrator ib.; description of 28,
see executor, &c.
Admission, practice 12.; by consent
in lieu of proof 77, 78.; of ser-
vice 58. 436. n. costs; retracting
77. n.
Adultery 263. 272-4. 277. 280-1.
n.; new trial 290.
Advance, sale 142-4.
Advantage of irregularities 68.
Adverse possession, ev. 166.
Advertisement, partnership 166. for
creditors to come in 103. 104.
108. of sale 128. 129. 131.
Affidavits, 24-31. 33-35. 81. 166.7.
briefed 48.; how compelled 45.;
counter 63. 69; demand of costs
65. 66 disbursements, &c. 439.
and n.; exceptions to 59; of exe-
cution of power 65.; filing 69.;
before Master, when ev. 101. in
support of state of facts, &c. 118.
or charges, claims and state of
facts 205 6. 210. 212-215. 225;
of merits 70; on motion 41,
or opposing same 45; open-
The index to the first volume might serve occasionally for reference to
chapters and sections, which in the present volume are arranged according to the
analysis of the former.
ing default 70. in reply to those
in answer 69; to petition,
bill &c. 23; on production, 153 n.
154; scandalous or impertinent
59. & n.; of service: 54-58. of
copy of certified copy of order 55.
88. and demand of costs 65. or of
decretal order on clerk or agent
89. or personal service of decree
89. of demand and non-payment
63. 65. of notice 55. for feigned
issue 269. rehearing 304. object of
suit 436. n. of petition, &c. 47. 54.
of subpoena ad. test. 198. summons
98. 99.; signature to admission
436. n.; of solicitor verifying pe
tition 301.; for special jury of
merchants on feigned issue 285.
supplemental, &c. 63. 69.; of
sureties 343. and 172d rule of
court.
Affirmance, by court of errors 384-5.
387. and that it be entered nunc
pro tunc 388. in part and reversal
in part 388. remittitur and order
thereon 395-6. and bill of costs
391-4.; by supreme court of U. S.
with costs 423-4.; of taxation on
appeal 457.
Affirmation 34. 35. 24. 29. 167.
Affixing, service 39. 56. 57. 99. of
summons 97.99.
Age, affidavit, proof of 30. 31. 24.
interrog. 167.
Agent, service on 37. 38. 39. 57. of
decretal order 89. demand of
costs 66.; affidavit by 28.; death
of and notice 39.; agent party
46. when not chargeable with in-
terest or costs 320.; agent,
agency, authority, 167.
Agreement, inter. & ev.167, by con-
sent 75-78.; among complainants
as to conducting a suit 76.; with-
out prejudice 75.; made a rule
of court 19. 20. n. ; to arbitrate
19; non-performance 91. 92.
Allegations, in affidavits 27.
Allowance 167. form &c. of deed by
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Ancestors, interrog. 167.
Ancient deeds, wills, &c. 167.
Annual rests 203. n.
Annuity 167. report 203. n.
Answer and answering, affidavits,
&c. 45. 46. 58. 59.; tolls 167.
injunction bill, impertinence 100.;
interrogatories, contempt 63.; or-
der to 73.; petition of appeal vari-
ous forms 366-9.; answer and plea
311.; out of the state 35. 75.;
answer and examination of par-
ty 183. n. 187-201. 167. object-
ing to answer 183. n. ; jurat to do.
183. n.; jurat to answer or bill
Appeal 323-428. 148. from order
refusing a rehearing 304. ; appeal-
ed motion 60. 72.; from taxing
officer 454-7.; common pleas 325-
7. surrogates 327-338. circuit
judges 338-341. vice chancellors
341-348. 9-12. court of errors
348-397. supreme court of U. S.
397-428.
Appearance 68. 69.; no waiver 60.;
order for 73.
Apportionment, costs 74. 236. 319.;
among creditors 220-4, and of
costs, and report 236.; of costs,
decree 319.
Approval, form and execution, by
Master 137-8. of sureties 343.
Arbitration or reference to r
referecs
19. 256-262.
Argument notice 369. stipulation
370.; supreme court of U. S.
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