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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..
SEC. 218. Writ of injunction abolished, 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......
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.--Provisional 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.
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 I.-Judgment upon failure to answer.
SEC. 245. Judgment defined.....
246. Judgment on failure of defendant to answer, or for excess
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;
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........
267. 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.....
271. When a referee may be compulsorily ordered....
272. Mode of trial; effect of report; review.
273. Referees, how chosen. Time 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 damages, 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..
282. Judgment, how docketed. Secured on appeal.
OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS.
CHAP. I. THE EXECUTION . . . . . . .
II. PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION..
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, costs where
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
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......
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
332. The like
CHAPTER II-Appeals to the court of appeals.
SEC. 333. Appeal, in what cases. Judgment on verdict, subject to
the opinion of the Court.
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
AN INFERIOR 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.
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
345. Security must be given, as upon appeal to court of appeals..
346. Appeals, where heard
347. Judgment on appeal, where entered and docketed..
SEC. 348. Appeals from circuit and special term to same court in general
term. Security on appeals. Action on undertaking..
349. Appeals from orders at special term..
350. Appeals from orders at chambers.
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. 351. Existing laws repealed, and this chapter substituted...
352. By what courts judgments to be reviewed. New trial.
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
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.
363. Justice dead, insane, or absent..
364. Hearing upon return; dismissing appeal. New trial.
365. Appeal to be heard on the original papers.
366. Judgment on appeal. New trial
368. Costs, how awarded..
370. Setting off costs and recovery.
371. Notice of appeal; offer to correct judgment; costs on appeal;
set off of costs..