Obrázky stránek
PDF
ePub

CHAP. III. Confessions of judgment without action,..

149–151 IV. Offers of the defendant to compromise the whole or a part of the action,..

151-152 V. Admission or inspection of writings,.

152-153 VI. Examination of parties,..

153-155 VII. Examination of witnesses,

56 VIII. Motions and orders,..........

157-159 IX. Entitling affidavits,...

159 x. Computation of time,...

159-160 XI. Notices, and filing and service of papers,

160-162 XII. Duties of sheriffs and coroners, .......

162-163 XIII. Accountability of guardians,

163 XIV. Powers of referees, .

163 XV. Miscellaneous provisions,.

163–164 CHAPTER I. Submitting a Controversy, without Action,..

147-1418 SECTION 372. Controversy how submitted without action,..

147 373. Judgment on, as in other cases, but without costs........ 147 374. Judgment may be enforced or appealed from as in action, 143

CHAPTER II.
Proceedings against Joint Debtors, Heirs, Devisees, Lega-

tees, and Tenants holding under a Judgment Debtor.....148-149 SECTION 375. Parties not summoned in action on joint contract may be summoned after judgment,........

148 376. If judgment debtor die, his representatives may be surmoned,

148 377. Form of summons, ....

148 378. To be accompanied by affidavit of amount due,

149 379. Party summoned may answer and defend,

149 380. Subsequent pleadings and proceedings same as in an action,

149 381. Answer and reply to be verified as in action,

149 CHAPTER III. Confession of Judgment, without Action, ...... ...149-151 SECTION 382. Judgment may be confessed for debt or contingent liability,....

149 383. Statement in writing, and form thereof,

150 384. Filing same, and entering judgment,.

150 CHAPTER IV. Offers of the Defendant to Compromise the Whole or a Part of the Action,.......

151-152 SECTION 385. Defendant may serve offer to compromise and the proceedings thereon,

151 386. Defendant may offer to liquidate damages conditionally,. 151 387. Effect of acceptance or refusal to offer, .

152 CHAPTER V. Admission or Inspection of Writings,.

152-153 SECTION 388. A party may be required to admit a paper to be genuine,

or pay expense of proving it. Inspection and copy of
books, papers and documents, how obtained, ......

152 CHAPTER VI. Escamination of Parties,..

153-155 SECTION 389. Actions for discovery, abolished,

153 390. A party may examine his adversary as a witness on the trial 153 391. Such examination also allowed before trial. Proceedings therefor,....

154 392. Party how compelled to attend...

154

[ocr errors]

......................

...........................

156

...............

.......

SECTION 393. Testimony of party may be rebutted,..

154 394. Effect of refusal to testify,.......

166 395. Testimony by a party not responsive to the inquiries,

may be rebutted by the oath of the party calling him,.. 155 396. Persons for whom action is brought or defended, may be examined,

155 397. Examination of co-plaintiff or co-defendant,

155 CHAPTER VII. Examination of Witnesses,.....

156 SECTION 398. No witness to be excluded by reason of interest,... 399. To whom last section inapplicable,

156 CHAPTER VIII. Motions and Orders, ..

...157-159 SECTION 400. Definition of an order,..

157 401. Definition of a motion. Motions how and where made,.. 157 402. When notice is necessary, it must be eight days before hearing,...

158 403. In actions in supreme court, county judge may act at chambers. His orders, how reviewed,

158 404. In absence of judge at chambers, motion may be transferred by him to another judge,.

158 405. Enlarging time for proceedings in an action,

159 CHAPTER IX. Entitling Affidavits,

159 SECTION 406. Affidavits defectively entitled, valid,.

159 CHAPTER X. Computation of Time,

159 SECTION 408. Time, how computed,

159 CHAPTER XI. Notices, and Filing and Service of Papers,......

.....10 - 162 SECTION 408, 409. Notices and other papers, how served on party or attorney,

160 410, 411. When and how served by mail,

161 412. Double time when served by mail,

161 413. Eight days notice of motion, &c., before court or judge, when personally served,...

161 414. Where papers need not be served on defendant,.

161 415. Service of papers where party resides out of state,

162 416. Summons and pleadings to be filed within ten days after service,

162 417. Service, where party appears by attorney,........

162 418. This chapter not to apply to summons or process, or to papers to bring party into contempt,...

162 CHAPTER XII. Duties of Sheriffs and Coroners,

....162-163 Section 419. Duty of sheriff and coroner in serving or executing process, and how enforced,..

162 CHAPTER XIII. Accountability of Guardians,

163 SECTION 420. Guardian not to receive property until security given,.... 163

CHAPTER XIV. Powers of Referees,,

163 SECTION 421. Referees authorized to administer oaths and to exereise powers now vested iu referees by law,....

163

[ocr errors]

CHAPTER XV. Miscellaneous Provisions,

163-164 SECTION 422. Papers lost or withheld, how supplied,...

163 423. Where undertakings to be filed,

163 424. Judgment on bond and warrant of attorney, executed before July 1, 1848,...

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

164 426. Laws of other states and governments, how proved,..

164

TITLE XIII. Actions in particular cases,

165-173 CHAPTER 1. Actions against foreign corporations,

165 II, Actions in place of scire facias, quo warranto, and of informations in the nature of quo warranto,..

166 III. Actions for the partition of real property,

171 IV. Actions to determine conflicting claims to real property, and for waste and nuisance,

172-173 V. General provisions relating to actions concerning real property,.....

173

CHAPTER I. Actions against foreign corporations,.. SECTION 427. Where and by whom brought,

165 165

CHAPTER II. Actions in place of scire facias, quo warranto, and of information, in the nature of quo warranto,

. 166-171 SECTION 428. Scire facias and quo warranto abolished and this chapter ter substituted,..

166 429. Action may be brought by attorney-general to vacate a charter, by direction of legislature...

166 430. Action to annul a corporation, when and how brought by attorney-general, by leave of supreme court,

167 431. Leave, how obtained,

167 432. Action upon information or complaint, of course,

168 433. Action, when and how brought to vacate letters patent,... 168 434. Relator, when to be joined as plaintiff,

168 435. Complaint and arrest of defendant, in action for usurping an office,

169 436. Judgment in such action,

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

169 438. Proceedings against defendant, on refusal to deliver books or papers....

169 439. Damages, how recovered,

169 440. One action against several pcrsons claiming office or franchise,

170 441. Penalty for usurping office or franchise, how awarded,.... 170 442. Judgment or forfeiture against a corporation,...

170 443. Costs against corporation or persons claiming to be such, how collected,

170 444. Restraining corporation and appointment of receiver, .... 170 445. Copy of judgment roll against corporation, where to be filed, ...

171 446. Entry of judgment relating to letters patent in records of commissioners of land office,

171 447. Actions for forfeiture of property to the people,..

171

....

CHAPTER III. Action for the Partition of Real Property,

.171-172 SECTION 448. Provisions of Revised Stalutes, applicable to actions for partition,

171

CHAPTER IV. Actions to determine conflicting claims to real property, and for waste and nuisance,

172-173 SECTION 449. Actions to determine claims to real property, how prosecuted,....

172 450. Action of waste abolished. Waste how remediable,...

172 451. Provisions of Revised Statutes applicabie to action for waste under this act,.

172 452. When judgment of forfeiture and eviction to be given,.... 173 453. Writ of nuisance abolished,

173 454. Remedy for injuries hetetofore remediable by writ of nuisance,

173 CHAPTER V. General provisions relating to actions concerning real property, 173 SECTION 455. Provisions of Revised Statutes applicable thereto,........

173

TITLE XIV. Provisions relating to eristing suits,.

.....173-176 SECTION 456. Appeal from order at a special term, on summary application, after judgment,...

173 457. Writ of error in all cases abolished. Appeal substituted, 174 438. Execution, when issuable on a judgment docketed before July 1, 1818,

174 459. Proceeding by re-hearing abrogated,

174 460. Appeals from final decrees, by a single judge, in supreme

court, in suits in equity pending on July 1, 1847, when
to be taken, ..

175
461. Issues of faet in county court or common pleas before
July 1, 1818, how tried,

175

................!!

176

TITLE XV. General provisions,

...176-178 SECTION 462. Definition of "real property,”.. 463. Definition of “personal property,"

176 464. Definition of property,"

176 465. Definition of "district,

176 466. Definition of «sclerk,"

176 467. Rule of strict construction of statutes inapplicable to this act,.......

176 468. Słatutory provisions inconsistent with this act repealed,

177 469. Rules and practice inconsistent with this act abrogated,

177 470. Judges of supreme court to make general rules,

177 471. This act not to affect certain proceedings and statutory provisions, ..

177 472. Certain parts of revised and other statutes not repealed,.. 178 473. This act, when to take effect,....

178

AN ACT to amend an act entitled, An Act to facilitate the

determination of existing suits in the courts of this state.TITLE I.-Provisions relating to Courts in General,

179 CHAPTER I. Sections of the Code of Procedure referred to and applied to existing rules, .

179 II. Other provisions relating to existing suits,

180 TITLE II.-Provisions relating to Courts in the First Judicial District,

183-184

CODE OF PROCEDURE.

[NOTES.]

1

« PředchozíPokračovat »