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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.
215. Property, how kept...
217. Notice and affidavit, when and where to be filed.
213. Qualification and justification of sureties..
214. Property, how taken when concealed in building or en-
closure
216. Claim of property by third person..
CHAPTER III-Injunction.
308
309
310
311
312
SEC. 218. Writ of injunction abolished, and order substituted.... .
219. Temporary injunction, in what cases granted..
220. At what time it may be granted..
313
321
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-
ration...
225. Motion to vacate or modify injunction.
226. Affidavits on motion..
322
325
326
329
CHAPTER IV.-Attachment.
SEC. 227. Foreign corporations; nonresident, or absconding, or con-
cealed defendants; actions, when commenced
228. Attachment, by whom granted...
331
229. On what cases attachments may be issued; affidavits to be
filed....
332
230. Security on obtaining attachment..
336
231. Attachment, to whom directed, and what to require.
232. Mode of proceeding in executing attachment..
337
233. Proceedings in case of perishable property or vessels...
339
234. Interest in corporations or associations liable to attach-
ment....
235. Attachment, how executed on property incapable of manual
delivery..
340
236. Certificate of defendant's interest to be furnished..
237. Judgment, how satisfied....
341
238. When action to recover notes, &c., of defendant may be
prosecuted by the plaintiff in the action...
343
239. Bond to sheriff on attachment, how disposed of on judg-
ment for defendant.....
344
240. Discharge of attachment and return of property, or its
proceeds, to defendant, on his appearance in the ac-
tion...
241. Undertaking on the part of defendant...
242. When sheriff to return attachment, with his proceedings
SEC. 244. Powers of court as to receivers, deposit of money, &c., in
court, and other provisional remedies; judgment for
sum admitted due...
347
SEC. 245. Judgment defined............
246. Judgment on failure of defendant to answer, or for excess
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
354
362
tried...
252. Trial defined
253. Issues, how tried..
254. Issues triable by the court.
255. Issues, where to be tried..
stenographer....
256. Either party may give notice of trial; note of issue;
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
control....
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...
366
367
368
369
372
373
384
385
388
389
390
CHAPTER IV.--Trial by the court.
SEC. 266. Trial by jury, how waived......
267. On trial by the court, judgment how given....
268. Exceptions, how and when taken; judgment at general
396
398
401
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 damages, where damages are recoverable..
277. Judgment in action for recovery of personal property..
278. Judgment, how directed.
419
424
426
427
279. Clerk to keep a judgment-book...
428
280. Judgment to be entered in judgment-book..
281. Judgment-roll....
429
282. Judgment, how docketed. Secured on appeal. .
430
TITLE IX.
OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS.
CHAP. I. THE EXECUTION . . . . . . . . . . . .
433-459
II. PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION... . . . .460-478
CHAPTER I.-The execution.
SEC. 283. Execution within five years, of course
433
284. Execution can only be issued by leave of court after five
years. Leave, how obtained..
436
285. Judgment, how enforced....
437
286. The different kinds of execution...
438
287. To what counties execution may be issued; execution
SEC. 292. Order for discovery of property, examination of judg-
ment debtor, &c. . . . .
460
293. Any debtor to execution debtor may pay his debt to the
sheriff....
468
294. Examination of debtors of judgment debtor, or of those
297. What property may be ordered to be applied to the execu-
tion.
471
298. Judge may appoint receiver and prohibit transfer of prop-
erty
472
299. Proceedings upon claim of another party to property, or
on denial of indebtedness to judgment debtor...
OF THE COSTS IN CIVIL ACTIONS.
SEC. 303. Existing statutes regulating costs repealed......
478
SEC. 304. Costs, when allowed of course to the plaintiff, costs where
several actions brought on one instrument..
487
305. Costs, when allowed of course to the defendant.
306. Costs, when allowed to either party, in the discretion of
the court.....
491
492
307. Amount of costs allowed.
494
308. Allowance in addition to costs..
499
309. Allowance, how computed; difficult and extraordinary
cases. Partition. Foreclosure....
500
310. Interest on verdict or report, when allowed
502
311. Costs, how to be inserted in judgment; adjustment of inter-
locutory costs.
503
312. Clerk's fees.
507
316. Costs against an infant plaintiff..
509
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....
510
318. Costs on review of a decision of an inferior court in a
special proceeding..
515
319. Costs in actions by the people
320. The like...
516
321. Costs against assignee of cause of action, after action
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
TERM
.........
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
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 .....
550-560
...561-586
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
332. The like
CHAPTER II.-Appeals to the court of appeals.
522
524
525
526
527
529
SEC. 333. Appeal, in what cases. Judgment on verdict, subject to
the opinion of the Court..
531
SEC. 334. On appeal, security must be given, or deposit made, unless
waived
335. On judgment for money; security to stay execution. New
undertaking on sureties in the first becoming insolvent.
Deposit in lieu of undertaking.......
540
542
336. If
judgment be to deliver document or personal property, it
must be deposited or security given .
543
337. If judgment be to execute conveyance, it must be executed
and deposited....
544
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.
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.
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
545
546
547
548
......
345. Security must be given, as upon appeal to court of appeals..
346. Appeals, where heard
549
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..
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....
352. By what courts judgments to be reviewed. New trial.
353. Appeal, when to be taken...
561
562
563
354. Notice of appeal to be served on justice, and costs of return
to be paid. Appeals in New York city. Security...
358. In case of death of justice, undertaking to be filed.
569
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
364. Hearing upon return; dismissing appeal. New trial..
365. Appeal to be heard on the original papers.
371. Notice of appeal; offer to correct judgment; costs on appeal;
set off of costs..
583