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to be accompanied with under-

taking, 53.
proceedings after, 55.
as to one of several causes of

action, 56.
Appeal in general, substitute for writ

of error, 522.
waiver of right to, 523 f.
parting with interest does not

prevent, 524 a.
motion in lieu of, 523 h, 524 J,

532 d.
effect of, 524 b.
in existing suits, 674.
in forma pauperis not allowed,

522 b.
by the people, 522 c, d.
by State officers and board of

State officers, 522 d.
by infant, guardian on, 101 e.
from decision on demurrer,

558 d.
by municipal corporations,

522 e.
second, in same action, when

permitted, 524 d.
may be after payment of judg-

ment, 523 f.
who may appeal, 525.
parties to, how designated,

title of action not changed by,

how made, 525.
entry on docket that judgment

secured on, 430, 432 n.
mistake in proceedings after

notice of, may be rectified,

525, 526.
amendment on, 272 b.
not made until notice of, is

served on clerk, 526 b.
service of notice of, 526 6.
clerk to transmit papers to ap-

pellate court, 526 6.
papers transmitted by clerk

may be amended, 527 a.
intermediate orders reviewed

Appeal in general_continued.

payment of judgment prior to,

523 f.
payment pending, 582 f.
time for, 529.

cannot be enlarged, 530 a.
when it commences to run,

629, 530 d.
cannot be until after entry of

the judgment appealed from,

529 b,
entry of judgment may be com-

pelled to enable appeal to be
brought, 529 d.
when order is entered so as to

permit an appeal, 530 e.
amendment on, 272 b, 526 d.
costs on, 492, 495, 515, 480 c, d.
double costs on, 482 i.
death of party pending, 109,

112 e, 554 a, 525 d.
in proceedings to determine

conflicting claims to real

property, 664 d.
from orders allowing provision-

al remedies, 554.
in special proceedings, 555 a,

to superior court, New York,

no longer exists, 11 c.
marking docket secured on,

430, 432 n.
to court of appeals, in what

cases, 591, 15.
what decision the court of ap-

peals may review, 532 g.
cases in which it does not lie,

533 f.
in mandamus, 532 b.
from judgment on award, 532 e.
from irregular judgment, 532 d.
from judgment by default,

532 e.
from commitment for contempt,

532 f.
from an actual determination,

532 g.
from a final judgment, 533 c.
in actions commenced in jus-

tices' courts, 533 g.
in special proceedings, 534 6.
from orders, 534 a, 535, 548.
statement of facts, 536 e, 711.
papers on, 536 g.
power of court on, 537 6, 17.
remittitur after, 538 b, 18.
when to be reheard, 18.
proceedings after decision of,

539 C.

on, 527.

judgment on, 527.
restitution on reversal of judg-

ment, 529, a, 583, 540 d.
new trial may be ordered on,

528 c.
discontinuance of, 521 I.
appellant parting with his inter-

est in subject of, 524 a.
stipulating not to, 523 g.

529 f.


ence, 687.

Appeal to court of appeals-continued. Appeal to court of appealscontinued.
costs on, 495, 539 f.

in calendar causes, a case is to
judgment on, 18, 527, 539.

be made, 685.
security or deposit on, 540.

what such case is to contain,
security or deposit may be

waived, 540.

cases and points to be printed,
stay of execution on, from judg-

ment directing the payment copies of case to be served on
of money, 542.

adverse party, 685.
sureties becoming insolvent, dismissal of, for want of a re-
542, 543 f.

turn, or for not serving copies
deposit in lieu of undertak-

of the case, 685.
ing, 542.

form of order of judgment in
from judgment directing the

court below after dismissal,
assignment or delivery of

documents or personal proceedings on appeal under
property, 543.

subdivision 4 of $ 11, 686.
from judgment to execute copies of cases and points to be
conveyance or other instru-

furnished the judges, clerk,
ment, 544.

and opposing counsel, 686.
from judgment directing sale one counsel only on each side,
or delivery of real prop-

erty, or for the sale of mort- statements of facts on points,
gaged premises, 544.

effect of stay of proceedings on,

index to case, 685.

extended discussion on ques-
appeal being perfected,

tion of fact not allowed, 687.
proceedings stayed, 545.

criminal cases to have a prefer-
security may be dispensed with

or limited in certain cases, may be submitted on printed

arguments, 687.
by executors, administrators, motions, 688.
trustees, or persons acting in remittitur, 688.
another's right, 545.

time prescribed by rule may be
undertaking on, and service

enlarged, 688.
thereof, 546.

revoking or modifying orders,
security on, to be approved and

justify, 546.

rules, when to take effect, 689.
secured on appeal, may be en- call of calendar, 691.

entered on docket, 430, 432 n. calendar to continue one year,
case of perishable property,

to be noticed for January term

each year, 690.

notice of argument, 691.
what papers clerk is to return, no defaults allowed, 690.
526, 683.

proof of service of notice, to be
appellant to cause the return

filed with the clerk, 691.
to be made, 526, 683.

cases ordered to be re-argued,
how respondent may have it

how placed on calendar, 691.
dismissed for want of a re- exchange of causes on calendar,
turn, 683.

if the return filed be defective, fifteen causes called each day,
a further return may be or-

dered, 684.

date of issue of passed causes,
attorneys and guardians in

court below to be deemed striking cause from calendar,
attorneys and guardians for

the same parties on appeal, elerk to keep memorandum of

the exchanged causes, 689.

undertakings on, to be filed,

Appeal to court of appealscontinued. | Appeal in the supreme and other courts,

certain rules and notice to be &c., in certain orders-continued.
printed on calendar, 689.

what papers to be furnished on,
not more than two hours to be

occupied by argument of within what time, 529.
each counsel, 689.

in superior court.
calendar practice, 691.

See Superior court.
miscellaneous rules, 692.

what questions may be raised on,
to the supreme court from an in-

552 i.
ferior court, in what cases, 548. when the judgment will be re-
security upon, 549.

versed, 553 h.
where heard, 549.

judgment on, 553 i.
judgment on, where entered

costs on, 495 496 k.
and docketed, 549.

death of party pending, 554 a.
time for, 529.

opening judgment by default in,
costs on, 495, 496 k, 497 a.

554 e.
in the supreme court, superior court, in special proceedings, 555 a.

and Ner York common pleas, from chamber order made ex parte,
from a single judge to the gen- 560.
eral term, from certain judg- from judgment on report of referee,
ments, 550.

416 h.
does not stay proceedings, ex- in justices' courts of Buffalo, 651.
cept, &c., 550, 551 b.

to the court of common pleas for the
how heard, 550, 713, 720.

city and county of New York, or
security on, 551, b.

to a county court from an infe-
amount of security to stay pro- rior court, existing laws as to, re-
ceedings on, 551 d.

pealed, 561.
notice, of security may be en- in what court appeal to be had,
tered on docket, 430, 432 n.

36, 562.
in the case of certain orders, 554, time for, 563.

when process

not personally
when not allowed, 555 c.

served, 563.
allowed, 557 a.

notice of appeal to be served and
waiver of, 557 c.

costs paid, 564.
order must be entered 558, C.

notice of appeal, what to state,
from order sustaining or over-

564, 583, 566 6, 585 a.
ruling a demurrer, 558 d.

from justices of marine and jus-
order involving the merits, 558 e. tices' court, security to be
order involving a substantial given, or deposit made, 564.
right, 558

by mayor, &c., of N. Y., 565 a.
from an order granting or refus- who may appeal, 565 d.
ing a new trial, 558 9.

what judgments are appealable,
security on appeal from order,

565 e.
659 b.

when notice of appeal may be
stay of proceeding on appeal from served, 567 d.
order, 559 a.

notice of appeal, 564, 583, 566 b.
hearing of, 559 , 560.

585 a.
costs on appeal from order, 495, effect of notice not stating
496 k.

grounds of, 566 C.
from order at chambers on notice, service of the notice, 567 d.

filing in lieu of service of notice
noticing for argument, 552 e.

of, 569.
motion to dismiss, 552 g.

payment of fee for return, 567 f.
failing to settle and serve case, when perfected, 567 g.
552 h.

objections to regularity of notice
order of, on the calendar,552 f.

of, when to be taken, 567 b.
papers on, to be printed.

motion to dismiss, 566 a.
copy papers for the court on, security to stay execution, 567 h,


Appeal to N. Y. com. pleas, &c.—con- | Appeal-continued.

rehearing of, 582 a.
form of undertaking, 568.

amendment of judgment of appel-
execution, how stayed, 568, 569. late court, 581 h.
effect of stay on previous levy, judgment-roll, 582.
569 d.

costs on, how awarded, 582.
where justice dead or removed, on partial affirmance, 582, 582 b.
569, 572.

when court must award, 582 c.
return, how made and compelled, of court below, 582 d.

on appeal in marine court, 586 g.
cannot be compelled till fees payment of judgment pending the
paid, 567 f, 570.

appeal, 582 s.
form of, defects in, how reme- restitution may be awarded, 583 a.
died, 571 a.

set-off of costs and recovery, 583.
where justice is out of office, set-off of costs, 583.

offer by respondent to have judg.
amended, 572.

ment corrected, 583, 585 c.
noticing for hearing, 572.

amount of costs on, 583, 586 a.
on error in fact 573, 580 f.

amount of costs on new trial in
hearing of, 573, 581 b.

county court, 584.
to be on original papers, 573.

in discretion of court, 584.
dismissal of, 574, 572.

amount of costs when appeal is
respondent need not notice for heard in the supreme court, 586.
hearing, 573 c.

when no costs allowed to either
judgment on appeal, 573.

party, 584.
new trial on, 572, 574, 575.

fee to justice for his return, 585.
exceptions not necessary to, 575 a. return of justice amendment of,
what questions are reviewable,

575 b.

from justices' courts in the city of
reversal of judgment for want of Buffalo, 562, b.

evidence to support it, 577 c. from marine court, New York, 561
for admitting illegal testimony, a, 564, 586 g.
577 d.

from judgment of justices' courts
in other cases, 577 e.

in proceedings under mechanics'
for errors of fact not appearing lien law, 565 e.
on record, 574, 580 f.

from clerk's adjustment of costs,
by default, 573 6. C.

506 h.
reversal, mist can only be rec- by municipal corporation, 15 a.
tified by, 579 h.

in summary proceedings to recov-
conditions on, 581 f.

er possession of land, 31 a.
effect of, 581 g.

from surrogates' courts, not affect-
when the court will not reverse, ed by the second part of the

code, 680.
when judgment will be reversed, rules regulating, 715.
579 b.

court of, act relating to, 768.
affirmance on, 581 c.

Appealable order, 535.
opening judgment of affirmance by Appearance, gives jurisdiction, 34 a,
default, 581 d.

reversing in part, 581 e.

against foreign corporations, 43 a.
when the court can only affirm the what to be deemed, 698.
judgment, 579.

when notice of may be served, ef-
amending judgment, 581 h.

fect of, 143 b.
rehearing of appeal, 582 a.

waives all defects in process, 48 d.
new trial, where defendant ap- entitles defendant to notice of as-

peared in the court below, 580 a. sessment, 355, 357 e.
where defendant did not appear entitles defendant to notice of

in the court below, and mani- trial, 371 c.
fest injustice has been done, entitles defendant to notice of mo-
580 b.

tion, 642 6.

pear, 143 c.



Arrest, order for-continued.
does not entitle defendant to no- assignee entitled to, 292 a.

tice of application for provis- within what time to be served,
ional remedy, 642 a.

by attorney binds client, 695 a.

time to answer after service of
voluntary, equivalent to personal order, 292.

service of summons, 34 b, 143. how made, 293.
may a defendant not served ap- undertaking and affidavit to be

filed, 291

f, 695.
one of several parties may appear

and affidavit to be delivered to
voluntarily, 141 a.

sheriff, 292.
Appellant, the party appealing is, 525. copy of, and affidavit to be deliv-
Appointment of terms, &c., 25, 26.

ered to defendant, 292.
Arbitration, proceedings on, not af- motion to vacate, 292, 301.
fected by the code, 681.

condition upon vacating, 304 b.
section 121 does not apply to, 110 c. appeal from order on motion to
Argument. See Trial.

vacate, 304 f.
notice of, 712.

defendant not entitled to notice
Arrest, no person to be arrested in a of application for, 642 a.

civil action, except as pre- defendant may be discharged from,
scribed by the code, 278.

on bail or deposit, 293.
code not to affect the act to abolish by bail, 295.

imprisonment for debt, &c., or in action for usurping an office,
amendments thereto, 278, 279 6.

provisions of code as to, not to See Bail. Execution against the

apply to proceedings for con. person.
tempts, 278.

Assault, action for, must be brought
in what cases, 281.

within two years, 82.
persons privileged from, 278 a.

justices of the peace bave no
waiver of right to, 282 c.

jurisdiction of, 42.
election of remedy as to, 282 d.

complaint in, 166 6.
of joint debtors, 283 c.

answer in, 218 c.
in action on contract, 283 d.

against husband and wife, judg-
stay of proceedings does not pre-

ment for, 421 a.
vent, 284 c.

assessment of damages in, 359b.
release of defendant, not a dis- costs in, 479 i, 494.
charge of order for, 293 a.

transfer of action for to marine
when defendant may be dis-

court, 561 c.
charged from arrest on the Assessment of damages, defendant en-
ground of insanity or lunacy,

titled to notice of, 357 e.
284 b.

before a judge, 359 b.
on proceeding supplementary to proof of plaintiff's demand on,
execution, 461.

358 c.
in action by partner against his notice of, 359 d.
copartner, 283 a.

commission on, 359 c.
sheriff may be arrested, 279 a.

proceedings on, 359 e, fi
defendant cannot be twice ar- contingently, 388 d.

rested for the same cause, 283 f. separate, 388 a.
order staying proceedings does after judgment ou issue of law,
not stay application for, 284 c.

356 b, 401.
in action for tort committed by a if defendants, damages, 389.
married woman, 289 h.

See Damages.
of female, 282.

Assignee of thing in action, may sue in
order for, by whom made, 289.

his own name, 91 f.
granting is discretionary, 283 e. takes subject to right of set-off,
affidavit to obtain, 289, 290 a.

96 b.
security on issuing of, 291.

courts will protect, 96 e.
when made, 292.

counter-claim in action by,
form of, 292, 292 b.


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