The Code of Procedure of the State of New York, as Amended to 1870: With ... - New York (State), John Townshend - Knihy Google

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SEC. 208. Requisition to sheriff to take and deliver the property... ...

209. Security by plaintiff..

210. Exception to sureties.

211. Defendant, when entitled to deliver..

212. Justification of defendants' sureties.

213. Qualification and justification of sureties.

214. Property, how taken when concealed in building or en-

215. Property, how kept...,

216. Claim of property by third person...

217. Notice and affidavit, when and where to be filed...

CHAPTER III.—Injunction. ,

218. Writ of injunction abolish and order substituted......

219. Temporary injunction, in what cases granted..

220. At what time it may be granted...

221, Injunction after answer..

222. Security upon injunction : damages, how ascertained.. ..

223. Order to show cause why injunction should not be granted.

224. Security, upon injunction, to suspend business of corpo-

225. Motion to vacate or modify injunction.

226. Affidavits on motion..

CHAPTER IV.--Attachment.

SEC. 227. Foreign corporations; nonresident, or absconding, or con-

cealed defendants; actions, when commenced

228. Attachment, by whom granted..

229. On what cases attachments may be issued ; affidavits to be

230. Security on obtaining attachment..

231. Attachment, to whom directed, and what to require.

232. Mode of proceeding in executing attachment..

233. Proceedings in case of perishable property or vessels..

234. Interest in corporations or associations liable to attach-

235. Attachment, how executed on property incapable of manual

236. Certificate of defendant's interest to be furnished..

237, Judgment, how satisfied.....

238. When action to recover notes, &c., of defendant may be

prosecuted by the plaintiff in the action...

239. Bond to sheriff on attachment, how disposed of on judg-

ment for defendant.....

240. Discharge of attachment and return of property, or its

proceeds, to defendant, on his appearance in the ac-

241. Undertaking on the part of defendant..

242. When sheriff to return attachment, with his proceedings

243. Sheriff's fees

CHAPTER V.--Prorisional remedies.

SEC. 244. Powers of court as to receivers, deposit of money, &c., in

court, and other provisional remedies; judgment for

sum admitted due..

OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS.

CHAP. I. JUDGMENT UPON FAILURE TO ANSWER

II. ISSUES AND THE MODE OF TRIAL.

III. TRIAL BY JURY....

IV. TRIAL BY THE COURT

V. TRIAL BY REFEREES

VI. THE MANNER OF ENTERING JUDGMENT.

CHAPTER 1.-Judgment upon failure to answer.

SEC. 245. Judgment defined...

246. Judgment on failure of defendant to answer, or

over counter-claim

247. Judgment on frivolous demurrer, answer, or reply...

CHAPTER II.—Issues and the mode of trial.

SEC. 248. The different kinds of issues..

249. Issue of law....

250. Issue of fact,

251. On issues of both law and fact, the issue of law to be first

252. Trial defined

253. Issues, how tried..

254. Issues triable by the court.

255. Issues, where to be tried.

256. Either party may give notice of trial; note of issue ;

stenographer ...

257. Order of disposing of issues on the calendar

CHAPTER III.— Trial by jury.

Sec. 258. Notice of trial, separate trials.....

259. Court to be furnished with a copy of the pleadings.

260. General and special verdicts defined...

261. When jury may render either general or special verdict,

and when the court may direct a special finding......

262. On special finding with a general verdict, the former to

263. Jury to assess defendant's damages in certain cases.

264. Entry of the verdict, motion for new trial......

265. Motion for new trial, or for judgment on special verdict,

where to be heard...

CHAPTER IV.--Trial by the court.

Sec. 266. Trial by jury, how waived.....

207. On trial by the court, judgment how given...

268. Exceptions, how and when taken ; judgment at general

269. Proceedings upon judgment on issue of law..

CHAPTER V.—Trial by referees.

Sec. 270. All issues referable by consent....

371. When a referee may be compulsorily ordered..

272. Mode of trial; effect of report; review..

273. Referees, how chosen. Tíme to report..

CHAPTER VI.- Manner of entering judgment.

SEC. 274. Judgment may be for or against any of the parties to the

action; may grant defendant affirmative relief; com-

plaint may be dismissed for neglect to prosecute the

the action; judgment against married woman...

275. The relief to be awarded to the plaintiff...

276. Rate of damagís, where damages are recoverable...

277, Judgment in action for recovery of personal property.

278. Judgment, how directed..

279. Clerk to keep a judgment-book....

280. Judgment to be entered in judgment-book.

281. Judgment-roll.....

282. Judgment, bow docketed. Secured on appeal..

OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS.

CHAP. I. THE EXECUTION.

II. PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION.......460–478

CHAPTER I. - The execution.

Sec. 283. Execution within five years, of course..

284. Execution can only be issued by leave of court after five

years. Leave, how obtained...

285. Judgment, how enforced...

286. The different kinds of execution...

287. To what counties execution may be issued ; execution

against a married woman.

288. Execution against the person, in what cases.

289. Form of the execution.

290. Execution to be returnable in sixty days

291. Existing laws relating to execution continued.

CHAPTER II.- Proceedings supplementary to execution.

SEC. 292. Order for discovery of property, examination of judg-

ment debtor, &c...

293. Any debtor to execution debtor may pay his debt to the

294. Examination of debtors of judgment debtor, or of those

having property belonging to him. Joint debtors....

295. Witness required to testify....

296. Compelling party or witness to attend

297. What property may be ordered to be applied to the execu-

298. Judge may appoint receiver and prohibit transfer of prop-

299. Proceedings upon claim of another party to property, or

on denial of indebtedness to judgment debtor...

300. Reference by judge.

301, Costs of proceedings.

302. Disobedience of order, how punished.

OF THE COSTS IN CIVIL ACTIONS.

SEC. 303. Existing statutes regulating costs repealed...

Sec. 304. Costs, when allowed of course to the plaintiff

several actions brought on one instrument...

305. Costs, when allowed of course to the defendant.

306. Costs, when allowed to either party, in the discretion of

307. Amount of costs allowed..

308. Allowance in addition to costs.

309. Allowance, how computed; difficult and extraordinary

cases. Partition. Foreclosure....

310. Interest on verdict or report, when allowed

311. Costs, how to be inserted in judgment; adjustment of inter-

312. Clerk's fees

313. Referee's fees.

314. Costs on postponement of trial.

315. Costs on a motion..

316. Costs against an infant plaintiff...

317. Costs in an action by, or against an executor or adminis-

trator, trustee of an express trust, or a person expressly

authorized by statute to sue. Reference of claim against

estate of decedent. Security for costs.....

318. Costs on review of a decision of an inferior court in a

special proceeding..

319. Costs in actions by the people

320. The like....

321. Costs against assignee of cause of action, after action

322. Costs on a settlement.

OF APPEALS IN CIVIL ACTION.

CHAP. I. APPEALS IN GENERAL.

II. APPEALS TO THE COURT OF APPEALS

III. APPEALS TO THE SUPREME COURT FROM AN INFERIOR COURT..548–550

IV. APPEALS IN THE SUPREME COURT, AND IN THE SUPERIOR

COURT AND THE COURT OF COMMON PLEAS IN THE CITY

OF NEW YORK, FROM A SINGLE JUDGE TO THE GENERAL

V. APPEAL TO THE COURT OF COMMON PLEAS FOR THE CITY AND

COUNTY OF NEW YORK, OR TO A COUNTY COURT FROM

AX INFERIOR COURT

CHAPTER I.-Appeals in general.

Sec. 323. Writs of error abolished and appeals substituted ...

324. Orders made out of court, how vacated or modified

325. Who may appeal ...

326. Parties, how designated on appeal

327, Appeal, how made..

328. Clerk to transmit papers to appellate court

329. Intermediate orders affecting the judgment may be re-

viewed on the appeal from the judgment.

330. Judgment on appeal. Restitution..

331. Time for appealing

CHAPTER II.--- Appeals to the court of appeals.

SEC. 333. Appeal, in what cases. Judgment on verdict, subject to

the opinion of the Court

SEC. 334. On appeal, security must be given, or deposit made, unless

335. On judgment for money ; security to stay execution. New

undertaking on sureties in the first becoming insolvent.

Deposit in lieu of undertaking ...

336. If judgment be to deliver document or personal property, it

must be deposited or security given

337. If judgment be to execute conveyance, it must be executed

338. Security where judgment is to deliver real property, or for

a sale of mortgaged premises

339. Stay of proceedings upon security. Dispensing with security. 545

340. Undertakings may be in one instrument or several

341. Security to be approved and sureties to justify...

342. Perishable property may be sold, notwithstanding appeal 547

343. Undertaking must be filed. Appeals from orders.

CHAPTER III. — Appeal to the supreme court from an inferior court.

SEC. 344. Appeal, in what cases

345. Security must be given, as upon appeal to court of appeals..

346. Appeals, where heard

347. Judgment on appeal, where entered and docketed.

CHAPTER IV.- Appeals in the supreme court, and the superior court and

court of common pleas of the city of New York, from a single

judge to the general term.

SEC. 348. Appeals from circuit and special term to same court in general

term. Security on appeals. Action on undertaking. 550

349. Appeals from orders at special term .

350. Appeals from orders at chambers. Stay.

CHAPTER V.-Appeal to the court of common pleas for the city and county of

New York, or to a county court, from an inferior court.

Sec. 351. Existing laws repealed, and this chapter substituted.... 561

352. By what courts judgments to be reviewed. New trial. 562

353. Appeal, when to be taken...

354. Notice of appeal to be served on justice, and costs of return

to be paid. Appeals in New York city. Security..

355. Security to stay execution..

356. Form of undertaking.,

357. Execution, how stayed

358. In case of death of justice, undertaking to be filed..

359. Filing in lieu of service of notice of appeal...

360. Return, when and how made and compelled..

361. How made if justice be out of office

362. Further return

363. Justice dead, insane, or absent..

364. Hearing upon return ; dismissing appeal. New trial. 572

365. Appeal to be heard on the original papers.

366. Judgment on appeal. New trial

367. Judgment-roll

368. Costs, how awarded..

369. Restitution ...

370. Setting off costs and recovery.

371. Notice of appeal; offer to correct judgment; costs on appeal;

set off of costs.

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