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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..
215. Property, how kept...
214. Property, how taken when concealed in building or en-
closure
216. Claim of property by third person..
217. Notice and affidavit, when and where to be filed..
308
309
310
311
312
CHAPTER III.—Injunction. ↓
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-
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..
233. Proceedings in case of perishable property or vessels..
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
246. Judgment on failure of defendant to answer, or for excess
over counter-claim....
354
247. Judgment on frivolous demurrer, answer, or reply.
362
251. On issues of both law and fact, the issue of law to be first
stenographer....
256. Either party may give notice of trial; note of issue;
257. Order of disposing of issues on the calendar
369
372
CHAPTER III.-Trial by jury.
SEC. 258. Notice of trial, separate trials.....
373
259. Court to be furnished with a copy of the pleadings.
260. General and special verdicts defined....
384
261. When jury may render either general or special verdict,
and when the court may direct a special finding....
385
262. On special finding with a general verdict, the former to
control.....
388
263. Jury to assess defendant's damages in certain cases.
264. Entry of the verdict, motion for new trial.....
389
265. Motion for new trial, or for judgment on special verdict,
where to be heard....
390
CHAPTER IV.-Trial by the court.
SEC. 266. Trial by jury, how waived.......
396
267. On trial by the court, judgment how given..
268. Exceptions, how and when taken; judgment at general
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.
419
275. The relief to be awarded to the plaintiff...
424
276. Rate of damages, where damages are recoverable..
426
277. Judgment in action for recovery of personal property..
427
278. Judgment, how directed...
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.
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
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...
508
509
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
.......
.550-560
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.
561-586
SEC. 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-
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 ..
545
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.
546
547
548
SEC. 344. Appeal, in what cases
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...
349. Appeals from orders at special term ..
350. Appeals from orders at chambers. Stay..
550
554
560
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..
359. Filing in lieu of service of notice of appeal.
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