The Code of Procedure of the State of New York, as Amended to 1873: With ... - New York (State), John Townshend - Knihy Google

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OF THE MISCELLANEOUS PROCEEDINGS IN CIVIL ACTIONS,

AND GENERAL PROVISIONS.

CHAP. I. SUBMITTING A CONTROVERSY WITHOUT ACTION.

II. PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, LEGATEES,

DEVISEES, AND TENANTS HOLDING UNDER A JUDGMENT

III. CONFESSION OF JUDGMENT WITHOUT ACTION...

IV. OFFERS OF THE DEFENDANT TO COMPROMISE THE WHOLE

OR A PART OF THE ACTION........

V. ADMISSSION OR INSPECTION OF WRITINGS..

VI. EXAMINATION OF PARTIES..

VII. EXAMINATION OF WITNESSES..

VIII. MOTIONS AND ORDERS

IX. ENTITLING AFFIDAVITS..

X. COMPUTATION OF TIME..

XI. NOTICES, AND FILING AND SERVICE OF PAPERS.

XII. DUTIES OF SHERIFFS AND CORONERS..

XIII. ACCOUNTABILITY OF GUARDIANS.

XIV. POWERS OF REFEREES.....

XV. MISCELLANEOUS PROVISIONS..

CHAPTER I.-Submitting a controversy without action.

SEC. 372. Controversy, how submitted without action..

373. Judgment, how entered.....

374. Judgment, how enforced or appealed from....

SEC. 375. Parties not summoned in action on joint contract may be

summoned after judgment....

376. If judgment debtor die, his representatives may be sum-

CHAPTER II.-Proceedings against joint debtors, heirs, devisees, legatees, and

tenants holding under a judgment debtor.

377. Form of summons...

378. Summons to be accompanied by affidavit of amount due

379. Party summoned may answer and defend.

380. Subsequent pleadings and proceedings the same as in an

381. Answer and reply to be verified as in an action.

CHAPTER III.-Confession of judgment without action.

SEC. 382. Judgment may be confessed for debt due, or for contingent

383. Statement in writing, and form thereof...

384. Judgment and execution.....

SEC. 385. Offer of compromise..

386. Defendant may offer to liquidate damages conditionally...

387. Effect of acceptance or refusal of offer..

CHAPTER V.-Admission or inspection of writings.

SEC. 388. Inspection and copy of books, papers, and documents, how

CHAPTER IV.-Offer of the defendant to compromise the whole or a part of

CHAPTER VI.-Examination of parties.

SEC. 389. Action for discovery abolished.......

390. A party may examine his adversary as a witness..

391. Such examination also allowed before trial. Proceeding

392. Party, how compelled to attend..

393. Testimony of party may be rebutted..

394. Effect of refusal to testify..

395. Testimony of a party not responsive to the inquiries may

be rebutted by the oath of the party calling him....

396. Persons for whom action is brought or defended may be

397. Examination of coplaintiff or codefendant..

CHAPTER VII.-Examination of witnesses.

SEC. 398. Interest not to exclude a witness....

399. Parties to actions and special proceedings may be witnesses

on their own behalf, except in certain cases.

CHAPTER. VIII.-Motions and orders.

SEC. 400. Definition of an order...........

401. Definition of a motion; motions, how and when made;

motions in the first district; stay of proceedings;

compelling parties to testify on motions...

402. Notice of motion...

403. In actions in the supreme courrt, county judge may exer-

cise powers of a judge at chambers; his orders, how re-

404. In absence, &c., of judge at chambers, motion may be

transferred to another judge

405. Enlarging time for the proceedings in an action.

CHAPTER IX.-Entitling affidarits.

SEC. 406. Affidavits defectively entitled....

CHAPTER X.-Computation of time.

SEC. 407. Time, how computed....

CHAPTER XI.-Notices, and filing and service of papers.

SEC. 408. Notices, &c., how served..

409. Service, how made...

410. Service by mail..

411. The like..

412. Double time where service by mail.

413. Notice of motion, &c., where personally served.

414. When papers need not be served on defendant.

415. Service of papers where parties reside out of the State.

416. Summons and pleadings to be filed....

417. Service on attorney.

418. When this chapter does not apply.

CHAPTER XII.-Duties of sheriff's and coroners.

SEC. 419. Duty of sheriff and coroner in serving or executing pro-

cess, and how enforced...

CHAPTER XIII.-Accountability of guardians.

SEC. 420. Guardians not to receive property until security given.....

CHAPTER XIV.-Powers of referees.

SEC. 421. Powers of referees.

CHAPTER XV.-Miscellaneous provisions.

SEC. 422. Papers lost or withheld, how supplied....

423. Where undertakings to be filed...

424. Judgment on bond and warrant of attorney, executed be-

fore July 1, 1848.....

425. Time for publication of notices, how computed....

426. Laws of other States and governments, how proved..

ACTIONS IN PARTICULAR CASES.

CHAP. I. ACTIONS AGAINST FOREIGN CORPORATIONS...

II. ACTIONS IN PLACE OF SCIRE FACIAS, QUO WARRANTO

AND OF INFORMATIONS IN THE NATURE OF A QUO

PROPERTY AND FOR WASTE AND NUISANCE

V. GENERAL PROVISIONS RELATING TO ACTIONS CONCERNING

REAL PROPERTY....

CHAPTER I.-Actions against foreign corporations.

SEC. 427. Where and by whom brought..

WARRANTO........、、、、、、、、、、、、

III. ACTIONS FOR THE PARTITION OF REAL PROPERTY... ...657-663

IV. ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL

431. Leave to sue, how obtained..

432. Action upon information or complaint of course.

433. Action, when and how brought to vacate letters patent..

434. Relator, when to be joined as plaintiff...

435. Complaint and arrest of defendant in action for usurping

436. Judgment in such actions..

437. Assumption of office, &c., by relator, when judgment is in

438. Proceedings against a defendant, on his refusal to deliver

books or papers..

439. Damages, how recovered..

440. One action against several persons claiming office or fran-

441. Penalty for usurping office or franchise, how awarded..

442. Judgment of forfeiture against a corporation

443. Costs against a corporation, or persons claiming to be

such, how collected..

444. Restraining corporation, and appointment of a receiver.

445. Copy of judgment-roll against corporation, where to be

CHAPTER II.-Actions in place of scire facias, quo warranto, and of informations

in the nature of quo warranto.

SEC. 428. Scire facias and quo warranto abolished, and this chapter

429. Actions may be brought, by direction of the legislature,

by the attorney general, to vacate a charter....

430. Actions to annul a corporation, when and how brought

by the attorney general, by leave of the supreme

SEC. 446. Entry of judgment relating to letters patent...

447. Action for forfeiture of property to the people..

CHAPTER III.-Actions for the partition of real property.

SEC. 448. Provisions of the revised statutes applicable to actions for

CHAPTER IV.-Actions to determine conflicting claims to real property and for

waste and nuisance.

SEC. 449. Actions to determine claims to real property, how prose-

450. Action of waste abolished; waste, how remediable..

451. Provisions of revised statutes applicable to action for waste

under this act....

452. When judgment of forfeiture and eviction to be given..

453. Writ of nuisance abolished.....

454. Remedy for injuries heretofore remediable by writ of

PROVISIONS RELATING TO EXISTING SUITS.

SEC. 456. Appeal from order at special term, on a summary applica-

tion after judgmennt...

457. Writ of error abolished, and appeal substituted...

458. Execution on judgment docketed prior to July 1, 1848...

459. Application of this act to actions pending; extraordinary

CHAPTER V.-General provisions relating to actions concerning real property.

SEC. 455. Provisions of revised statutes applicable thereto...

460. Appeal from certain final decrees allowed.

461. Issue of fact in county court, how tried...

GENERAL PROVISIONS.

SEC. 462. Definition of real property

463. Definition of personal property

464. Definition of property.

465. Definition of district..

466. Definition of clerk...

467. Rule of construction

468. Inconsistent statutory provisions repealed.

469. Inconsistent rules and practice abrogated..

470. Judges to meet and make general rules..

471. Certain proceedings and statutory provisions not affected by

472. Certain statutes repealed.

473. Act, when to take effect

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