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CHAPTER II.
Claim and delivery of Personal Property,
SECTION 206. Delivery of personal property, when it may be claimed,..
207. Affidavit and its requisites,..
208. Requisition to sheriff, to take and deliver the property,..
209. Security on the part of the plaintiff, and justification,.
210. Exception to sureties and proceedings thereon or on fail-
ure to except,...
211. Defendant when entitled to re-delivery,.
212. Justification of defendant's sureties,
213. Qualification and justification of sureties,.
214. Property, how taken when concealed in building or enclo-
sure,
215. Property, how kept,
.....
216. Claim of property by third person,
......
217. Notice and affidavit, when and where to be filed,
Injunction,..
CHAPTER III.
SECTION 218. Writ of injunction abolished and order substituted,..
219. Injunction, in what cases granted,..
220.
At what time it may be granted,
....
221. Notice, when required. Temporary injunction,.
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 corporation
225. Motion to vacate or modify injunction,.
226. Affidavits on motion,...
81-84
SECTION 227. Property of foreign corporations and of non-resident or ab-
sconding or concealed defendants may be attached,.
Warrant by whom granted,
228.
229. In what cases warrant may be granted,.
.............
230. Security in obtaining warrant,.
231. Warrant, to whom directed, and what to require,.
232. Mode of proceeding in executing warrant,
233. Proceeding in case of perishable property or vessels,.
234. Interest in corporations or associations, liable to attach-
ment,
235. Attachment, how executed on property incapable of ma-
nual delivery,..
236. Certificate of defendant's interest to be furnished by cor-
poration,.
237. Judgment, how satisfied,.
........
238. When action to recover notes, &c., of defendant may be
prosecuted by plaintiff in the action in which the at-
tachment issued,..
239. Bond to sheriff on attachment, how disposed of, on judg-
ment for defendant,....
93
240. Discharge of attachment and return of property, or its pro-
ceeds, to defendant, on his appearance in action.....
241. Undertaking on the part of the defendant,................
242. When sheriff to return warrant and proceedings thereon,.
243. Sheriff's fees,
Provisional Remedies..
SECTION 244. Powers of court as to receivers, deposit of money, &c.,
in court, and other provisional remedies,..
95-96
95
TITLE VIII.
Of the Trial and Judgment in Civil Actions,..
CHAPTER 1. 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,.
96-111
96-98
99-101
101-104
104-106
VI. The manner of entering judgment,.
108-111
CHAPTER I.
Judgment upon failure to answer,.
SECTION 245. Judgment, what,.
246. Judgment on failure of defendant to answer,..
247. Judgment on frivolous demurrer, answer or reply,..
96
98
251. On issues of both law and fact, the issue of law to be first
tried,
..........
252. Trial, what,.
333 33
99
253. Issue of fact to be tried by jury, unless waived or reference
256. Either party may give notice of trial. Note of issue,
257. Order of disposing of issues on the calendar,.
100
101
Trial by Jury,....
SECTION 258. Either party may bring issue to trial,...
259. Plaintiff to furnish court with copy summons, pleadings, &c.
260. General and special verdicts defined,.
261. Verdict in action for recovery of specific personal pro-
perty, when in action for recovery of money only, or
real property, jury may render either general or special
verdict; and when court may direct special finding,...
262. On special finding, with general verdict, former to control,
263. In actions for recovery of money only, jury to assess dam-
ages,
267. On trial by the court, judgment to be given in twenty days,
268. Exceptions, how and when taken,.....
269. Proceedings upon judgment on issue of law,.
Trial by Referees,...
CHAPTER V.
SECTION 270. All issues referable by consent,.
271.
When reference may be compulsorily ordered,
272. Report to stand as decision of the court,.
273. Referees, how chosen,..
105-108
105
CHAPTER VI.
Manner of Entering Judgment,....
SECTION 274. Judgment may be for or against any of the parties,
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 upon issue of law or of fact, to be upon direc-
tion of a single judge, or on report of referees, subject
to review at general term,.............
279. Clerk to keep a judgment book,..
................
280. Judgment to be entered in judgment book,..
281. Judgment roll,.......
282. Judgment, in what cases and how to be docketed,.
TITLE IX.
108
109
110
111
Of the Execution of the Judgment in Civil Actions,.
CHAPTER 1. The execution,
II. Proceedings supplementary to the execution,.
SECTION 283. Execution within five years, of course, as prescribed by
this title,..
112
284.
After five years, to be issued only by leave of court.
Leave, how obtained. Execution on judgment of jus-
tices' or other inferior courts when docketed how is-
sued,
288. Execution against the person, in what case, and when,...
289. Form of the execution,...
291. Existing laws relating to execution continued, until other-
wise provided,..
Proceedings Supplementary to the Execution,....
.116-120
SECTION 292. When execution returned unsatisfied, order for discovery
of property allowed. Also when judgment debtor re-
fuses to apply property to satisfy judgment. Manner
of proceeding to examine judgment debtor,
293. Any debtor may pay execution against his creditor,...
294. Examination of debtors of judgment debtor or of those
having property belonging to him,..
295. Witness required to testify,
296. Compelling party or witnesses to attend. Examinations,
116
118
119
when to be on oath,.
297. Judge may order property to be applied on execution,...
298. Judge may appoint receiver, and prohibit transfer, &c.,
of property,.
299. Proceedings upon claim of another party to property, or
on denial of indebtedness to judgment debtor,.
SECTION 303. Fee bill abolished. Allowances given, termed costs,....
121-130
121
SECTION 304. When allowed, of course, to plaintiff,.
305. When allowed to defendant,..
306. When allowed to either party in the discreion of the court,
307. Amount of costs allowed,..
308. Allowance, in addition, of a percentage on the recovery
or claim,
309. Percentage, how computed,
310. Interest on verdict or report, when allowed,
311. Costs, how to be inserted in judgment,
312. Clerk's fees,.....
316. Costs against infant plaintiff,
317. Costs in an action by or against an executor or adminis-
trator, trustee of an express trust, or a person express-
ly authorized by statute to sue,
122
123
124
126
128
318. Costs on review. of a decision of an inferior court, in a
special proceeding,...
129
brought,
319, 320. Costs in actions by the people,.
321. Costs against assignee of cause of action after action
322. Costs on a settlement,
130
CHAPTER I. Appeals in general,
II. Appeals to the court of Appeals,
Appeals to the supreme court from an inferior court,......
Appeals in the supreme court, and the superior court, and
the court of common pleas of the city of New-York,
from a single judge to the general term,.....
IV.
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,
SECTION 323. Writs of error abolished, and appeals substituted,...
324. Orders made out of court, how vacated or modified,
328. Clerk to transmit papers to appellate court,
329. Intermediate orders affecting the judgment, may be re-
331. Certain appeals to be within two years,
332. Other appeals within thirty days,..
132
133
.........
Appeals to the Court of Appeals,.
134-137
SECTION 333. In what cases,......
334. On any appeal security must be given to pay costs and
damages, not exceeding $250, or deposit made, unless
waived,
335. On judgment for money, security to stay execution,
336. If judgment be to deliver documents, they must be depo-
sited,..
337. If to execute conveyance, it must be executed and depo-
135
SECTION 338.
Security where judgment is to deliver property for a sale
of mortgaged premises,......
339. Stay of proceedings upon security given,..
340.
Undertakings may be in one instrument, or several,.
341. Security to be approved, and to justify,...
342. Perishable property may be sold, notwithstanding appeal,
343. Undertaking must be filed,......
Appeal to the Supreme Court from an Inferior Court, ....
SECTION 344. In what cases,..
136
137
....138-139
138
345. Security must be given as upon appeal to the court of ap-
peals,....
346. Appeal, where heard,.
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,...
139
.139-141
SECTION 348. Appeals from circuits and special terms to some court in
general term. Security on appeal,..
349. Orders by a single judge, may be appealed from in certain
cases,
350. Orders at chambers to be entered before appeal,
Appeal to the Court of Common Pleas for the City and Coun-
ty of New-York, or to a County Court, from an Inferior
Court,
SECTION 351. Existing laws repealed, and this chapter substituted,.
352. By what courts judgments to be reviewed,
353. Appellant to make affidavit,
140
141
354. Copy affidavit and notice of appeal to be served,.
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. Counter affidavits allowed, and when and how served,.
360. Return when and how made, and compelled,.
361. How made if justice be out of office,.
362. Further return may be ordered,
363. If justice be dead, insane, or absent from state, witnesses
to be examined. If in another county, return may be
compelled,
364. Hearing upon return. Dismissing appeal, if not brought
on,
365. To be heard on original papers,
366. Judgment how given,.
367. Judgment roll,.
368. Costs how awarded,
369. Ordering restitution,
370. Setting off costs and recovery,
371. The costs on appeal,..
TITLE XII.
Of the Miscellaneous Proceedings in Civil Actions, and Gene-.
ral Provisions,
CHAPTER I. Submitting a controversy, without action,.
.147-164
147-148
148-149
II. Proceedings against joint debtors, heirs, legatees, devisees,
and tenants holding under a judgment debtor,
...........