Appeal to court of appeals-continued.
costs on, 495, 539 ƒ.
judgment on, 18, 527, 539.
security or deposit on, 540.
security or deposit may be
waived, 540.
stay of execution on, from judg-
ment directing the payment
of money, 542.
sureties becoming insolvent,
542, 543 f.
deposit in lieu of undertak-
ing, 542.
from judgment directing the
assignment or delivery of
documents
or personal
property, 543.
from judgment to execute
conveyance or other instru-
ment, 544.
from judgment directing sale
or delivery of real prop-
erty, or for the sale of mort-
gaged premises, 544.
effect of stay of proceedings on,
529 f.
on appeal being perfected,
proceedings stayed, 545.
security may be dispensed with
or limited in certain cases,
545.
by executors, administrators,
trustees, or persons acting in
another's right, 545.
undertaking on, and service
thereof, 546.
security on, to be approved and
justify, 546.
secured on appeal, may be en-
entered on docket, 430, 432 n.
case of perishable property,
undertakings on, to be filed,
548.
what papers clerk is to return,
526, 683.
appellant to cause the return
to be made, 526, 683.
how respondent may have it
dismissed for want of a re-
turn, 683.
if the return filed be defective,
a further return may be or-
dered, 684.
attorneys and guardians in
court below to be deemed
attorneys and guardians for
the same parties on appeal,
684.
Appeal to court of appeals-continued.
in calendar causes, a case is to
what such case is to contain,
685.
cases and points to be printed,
685.
copies of case to be served on
adverse party, 685.
dismissal of, for want of a re-
turn, or for not serving copies
of the case, 685.
form of order of judgment in
court below after dismissal,
685.
proceedings on appeal under
subdivision 4 of § 11, 686.
copies of cases and points to be
furnished the judges, clerk,
and opposing counsel, 686.
one counsel only on each side,
687.
statements of facts on points,
687.
index to case, 685.
extended discussion on ques-
tion of fact not allowed, 687.
criminal cases to have a prefer-
ence, 687.
may be submitted on printed
arguments, 687.
motions, 688.
remittitur, 688.
time prescribed by rule may be
enlarged, 688.
revoking or modifying orders,
688.
rules, when to take effect, 689.
call of calendar, 691.
calendar to continue one year,
690.
to be noticed for January term
each year, 690.
notice of argument, 691.
no defaults allowed, 690.
proof of service of notice, to be
filed with the clerk, 691.
cases ordered to be re-argued,
how placed on calendar, 691.
exchange of causes on calendar,
689.
fifteen causes called each day,
689.
date of issue of passed causes,
691.
striking cause from calendar,
689.
clerk to keep memorandum of
the exchanged causes, 689.
and docketed, 549.
time for, 529.
costs on, 495, 496 k, 497 a.
in the supreme court, superior court,
and New York common pleas,
from a single judge to the gen-
eral term, from certain judg-
ments, 550.
does not stay proceedings, ex-
cept, &c., 550, 551 b.
how heard, 550, 713, 720.
security on, 551, b.
amount of security to stay pro-
ceedings on, 551 d.
notice, of security may be en-
tered on docket, 430, 432 n.
in the case of certain orders, 554,
557.
when not allowed, 555 c.
allowed, 557 a.
waiver of, 557 c.
order must be entered 558, c.
from order sustaining or over-
ruling a demurrer, 558 d.
order involving the merits, 558 e.
order involving a substantial
right, 558 f.
from an order granting or refus-
ing a new trial, 558 g.
security on appeal from order,
559 b.
stay of proceeding on appeal from
order, 559 a.
hearing of, 559 ƒ, 560.
costs on appeal from order, 495,
496 k.
from order at chambers on notice,
560.
noticing for argument, 552 e.
motion to dismiss, 552 g.
failing to settle and serve case,
552 h.
order of, on the calendar,552 f.
papers on, to be printed.
copy papers for the court on,
870.
Appeal in the supreme and other courts,
&c., in certain orders-continued.
what papers to be furnished on,
715.
within what time, 529.
in superior court.
See Superior court.
what questions may be raised on,
552 i.
when the judgment will be re-
versed, 553 h.
judgment on, 553 i.
costs on, 495 496 k.
death of party pending, 554 a.
opening judgment by default in,
554 e.
in special proceedings, 555 a.
from chamber order made ex parte,
notice of appeal to be served and
costs paid, 564.
notice of appeal, what to state,
564, 583, 566 b, 585 a.
from justices of marine and jus-
tices' court, security to be
given, or deposit made, 564.
by mayor, &c., of N. Y., 565 a.
who may appeal, 565 d.
what judgments are appealable,
565 e.
when notice of appeal may be
served, 567 d.
notice of appeal, 564, 583, 566 b.
effect of notice not stating
grounds of, 566 c.
service of the notice, 567 d.
filing in lieu of service of notice
of, 569.
payment of fee for return, 567 f.
when perfected, 567 g.
objections to regularity of notice
of, when to be taken, 567 b.
motion to dismiss, 566 a.
security to stay execution, 567 h,
568.
Appeal to N. Y. com. pleas, &c.-con- | Appeal-continued.
form of undertaking, 568.
execution, how stayed, 568, 569.
effect of stay on previous levy,
569 d.
where justice dead or removed,
569, 572.
return, how made and compelled,
570.
cannot be compelled till fees
paid, 567 f, 570.
form of, defects in, how reme-
died, 571 a.
where justice is out of office,
amended, 572.
noticing for hearing, 572.
on error in fact 573, 580 f.
hearing of, 573, 581 b.
to be on original papers, 573.
dismissal of, 574, 572.
respondent need not notice for
hearing, 573 c.
judgment on appeal, 573.
new trial on, 572, 574, 575.
exceptions not necessary to, 575 a.
what questions are reviewable,
575 b.
reversal of judgment for want of
evidence to support it, 577 c.
for admitting illegal testimony,
577 d.
in other cases, 577 e.
for errors of fact not appearing
on record, 574, 580 ƒ.
by default, 573 b. c.
reversal, mistakes can only be rec-
tified by, 579 h.
conditions on, 581 f.
effect of, 581 g.
when the court will not reverse,
578.
when judgment will be reversed,
579 b.
affirmance on, 581 c.
rehearing of, 582 a.
amendment of judgment of appel-
late court, 581 h.
judgment-roll, 582.
costs on, how awarded, 582.
on partial affirmance, 582, 582 b.
when court must award, 582 c.
of court below, 582 d.
on appeal in marine court, 586 g.
payment of judgment pending the
appeal, 582 f.
restitution may be awarded, 583 a.
set-off of costs and recovery, 583.
set-off of costs, 583.
offer by respondent to have judg-
ment corrected, 583, 585 c.
amount of costs on, 583, 586 a.
amount of costs on new trial in
county court, 584.
in discretion of court, 584.
amount of costs when appeal is
heard in the supreme court, 586.
when no costs allowed to either
party, 584.
fee to justice for his return, 585.
return of justice amendment of,
from justices' courts in the city of
Buffalo, 562, b.
from marine court, New York, 561
a, 564, 586 g.
from judgment of justices' courts
in proceedings under mechanics'
lien law, 565 e.
from clerk's adjustment of costs,
506 h.
by municipal corporation, 15 a.
in summary proceedings to recov-
er possession of land, 31 a.
from surrogates' courts, not affect-
ed by the second part of the
code, 680.
rules regulating, 715.
court of, act relating to, 768.
Appealable order, 535.
opening judgment of affirmance by Appearance, gives jurisdiction, 34 a,
reversing in part, 581 e.
when the court can only affirm the
judgment, 579.
amending judgment, 581 h.
rehearing of appeal, 582 a.
new trial, where defendant ap-
peared in the court below, 580 a.
where defendant did not appear
in the court below, and mani-
fest injustice has been done,
580 b.
does not entitle defendant to no-
tice of application for provis-
ional remedy, 642 a.
by attorney binds client, 695 a.
voluntary, equivalent to personal
service of summons, 34 b, 143.
may a defendant not served ap-
pear, 143 c.
one of several parties may appear
voluntarily, 141 a.
Appellant, the party appealing is, 525.
Appointment of terms, &c., 25, 26.
Arbitration, proceedings on, not af
fected by the code, 681.
section 121 does not apply to, 110 c.
Argument. See Trial.
Arrest, no person to be arrested in a
civil action, except as pre-
scribed by the code, 278.
code not to affect the act to abolish
imprisonment for debt, &c., or
amendments thereto, 278, 279 b.
provisions of code as to, not to
apply to proceedings for con-
tempts, 278.
in what cases, 281.
persons privileged from, 278 a.
waiver of right to, 282 c.
election of remedy as to, 282 d.
of joint debtors, 283 c.
in action on contract, 283 d.
stay of proceedings does not pre-
vent, 284 c.
release of defendant, not a dis-
charge of order for, 293 a.
when defendant may be dis-
charged from arrest on the
ground of insanity or lunacy,
284 b.
on proceeding supplementary to
execution, 461.
in action by partner against his
copartner, 283 a.
sheriff may be arrested, 279 a.
defendant cannot be twice ar-
rested for the same cause, 283 f.
order staying proceedings does
not stay application for, 284 c.
in action for tort committed by a
married woman, 289 h.
of female, 282.
order for, by whom made, 289.
granting is discretionary, 283 e.
affidavit to obtain, 289, 290 a.
security on issuing of, 291.
when made, 292.
form of, 292, 292 b.
Arrest, order for continued.
assignee entitled to, 292 a.
within what time to be served,
292.
time to answer after service of
order, 292.
undertaking and affidavit to be
filed, 291, 695.
and affidavit to be delivered to
sheriff, 292.
copy of, and affidavit to be deliv-
ered to defendant, 292.
motion to vacate, 292, 301.
condition upon vacating, 304 b.
appeal from order on motion to
vacate, 304 f.
defendant not entitled to notice
of application for, 642 a.
defendant may be discharged from,
on bail or deposit, 293.
by bail, 295.
in action for usurping an office,
654.
See Bail.
Execution against the
person.
Assault, action for, must be brought
within two years, 82.
justices of the peace have no
jurisdiction of, 42.
complaint in, 166 b.
answer in, 218 c.
against husband and wife, judg-
ment for, 421 a.
assessment of damages in, 3596.
costs in, 479 i, 494.
transfer of action for to marine
court, 561 c.
Assessment of damages, defendant en-
titled to notice of, 357 e.
before a judge, 359 b.
proof of plaintiff's demand on,
358 c.
notice of, 359 d.
commission on, 359 c.
proceedings on, 359 e, f.
contingently, 388 d.
separate, 388 a.
after judgment on issue of law,
356 b, 401.
if defendants, damages, 389.
See Damages.
Assignee of thing in action, may sue in
his own name, 91 f.
takes subject to right of set-off,
96 b.
courts will protect, 96 e.
counter-claim in action by,
Assignee of thing in action-continued. | Attachment-continued.
is liable for costs, 96, 516.
may be attached for costs, 516b.
admissions by assignor,evidence
against, 96 g.
may issue attachment, 333 e.
may obtain order of arrest,
292 a.
may recover of assignor his costs
incurred as assignee, 510 a.
pending an action may be sub-
stituted as plaintiff, in lieu of
assignor, 113 e, 109.
complaint by, 151 a, 164 b.
of lease, complaint against,
of a demand in trust may sue in
his own name, 98 d.
of judgment, may institute
supplementary proceedings,
463 i.
may have an action in nature of
a sci. fa. to recover, 651 c.
for benefit of creditors, assign-
ment by, 916.
liable for costs, 96 ƒ, 516.
Assignment of thing in action, in what
cases, 91 f.
how made, 93 k, 92 j.
consideration for, 94 d.
proof of, 94 e.
parol proof, to explain, 95 a.
implied warrantee in, 95 c.
reassignment, 95 b.
carries with it all collaterals,
95 d.
effect of, on set-off, 96 a, 95.
not to abate the action, 109.
Assignor of thing in action, implied
warranty by, 95 c.
need not be made a party de-
fendant, 104 a.
examination of, as a witness,
626.
admissions of, evidence against
his assignee, 96 g.
Assistance. See Writ of assistance.
Association. See Banking association.
Attachment, provisions of revised
statutes not abrogated, 680.
justices of the peace have juris
diction of certain actions
commenced by, 38, 45 h.
authorized by the code, is a
new and important remedy,
330 a.
is for the benefit of the individ-
ual creditor at whose in-
stance it is issued, 330 a.
in what cases it may issue, 329,
332.
against Great Western Railroad
of Canada, 330 ƒ.
by whom granted, 331.
by foreign creditors, 330 c.
at instance of one foreign cor-
poration against another, 330 c.
lien of, 331 a.
requisites to the issuance of, 332.
superior court can issue, against
property of nonresidents, &c.
35 b.
in what cases it may issue, 332.
is it process, 331 d.
issuance of, is commencement of
action, 330, 143.
may issue against one or more of
several defendants, 333 a.
may issue at suit of a nonresident,
333 c.
assignee of a cause of action, may
issue, 333 e.
affidavit to obtain, 332, 3346.
affidavit to be filed, 332, 335 b,
696.
affidavit, amendment of, 335 b,
337 a.
motion to set aside, 335 c.
effect of vacating, 336 c.
second attachment, 336 d.
appeal from order refusing to va-
cate, 336 e.
security on issuance of, 336.
to whom directed, and what to
require, 336.
several may issue at the same time
to different counties, 337.
how executed, 337.
liability for wrong execution of,
338 d.
proceedings on, in case of perish-
able property or vessels, 339.
what property may be attached,
338 f.
plaintiff in, may prosecute action
on notes, &c., attached, 343.
how executed on property incapa-
ble of manual delivery, 340.
certificate of the defendant's inter-
est in stock of corporation to be
furnished to sheriff, 340.
defendant may procure discharge
of, and return of property, on
giving undertaking, 344.
sale of evidence of debt, 342.
discharge of and return of prop-
erty to defendant, 344, 345.
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