Page images
PDF
EPUB

$ 388. Alf statutory provisions, inconsistent with this act, are repealed, but this repeal shall not revive a statute, or law, which may have been repealed, or abolished, by the provisions hereby repealed.

§ 389. The present rules and practice of the courts, in civil actions, inconsistent with this act, are abrogated; but where consistent with this act, they shall continue, until the further action of the legislature.

$: 389. Until the legislature shall otherwise provide, this act shall not affect proceedings upon mandamus, prohibition, quo warranto, scire facias to repeal letters patent, nor any proceedings provided for by the second, third, fourth, fifth, sixth and eighth titles of chapter five, of the third part of the Revised Statutes, or by chapter eight of the same part, excluding the second and twelfth titles thereof; except that, when, in the course of any such proceedings, or in consequence thereof, a civil action shall be brought, such action shall be conducted in conformity to this act; and except, also, where any particular provision of the titlesa nd chapters enumerated in this title, shall be plainly inconsistent with this act, such provision shall be deemed repealed.

§ 391. This act shall take effect on the first day of May next; except that sections 23, 24, 25, 26 and 27, shall take effect immediately.

APPÈ NDIX A.

SCHEDULE OF FORMS.

SUMMONS.

To C- D

You are hereby summoned to answer the complaint of A- Bof which a copy is hereto annexed, and to serve a copy of your answer on me at the city of Albany, within twenty days after the service of this summons, exclusive of the day of service, or (the plaintiff will take judgment against you for $ with interest from the first day of January, 1849.]

A. B., Ploff.

or

E. F., Pl_f's Atty. Albany, February 1, 1848..

Or, if the action do not arise on contract for the recovery of money only, the following, instead of the part in brackets : [the plaintiff will apply to the next special term of the court, at the

on the day of

for the relief demanded in the complaint.]

COMPLAINT.

SUPREME COURT) County of Albany,

A. B.

A— B— plaintiff, complains; that C D , defendant, on the day of A.D. at

by his promissory note in writing, for value received, promised to pay the plaintiff $1000, in thirty days thereafter, and that he has not paid the same: whereupon the plaintiff demands judgment against the defendant for the $1000, with interest from the day of

A. B. Piff.

or

E. F. Pif Atty. County of Albany. A. B. being sworn saith, that he believes the foregoing complaint to be true.

A. B. . Sworn this 1st day of Februry, I 1848, before me.

J. P. Comr' of deeds. N. B.—We have prepared these forms, by way of illustration merely, thinking it better not to make them part of the act, but to leave the parties to devise the best and simplest forms for themselves. It will be seen that in the title, we have placed the plaintiff's name first in all cases, whether the pleading be on the defendant's part or the plaintiff's. This we think most convenient.

SUMMONS.

To C. D.

You are hereby summoned to answer the complaint of A. B., of which a copy is hereto annexed, and serve a copy of your answer on me at the city of Albany, within twenty days after the service of this summons, exclusive of the day of service, or the plaintiff will take judgment against you for $1000 with interest from the day of A. D.,

A. B., PUF

le day we Wenty de a copy

or

E. F., Plof's Atty.

Albany, February 1, 1848.

County of Albany. G. H., of the city of Albany, being sworn, saith, that

on the second day of February, at that city, he served personally on C. D., the defendant, a summons of which the foregoing is a copy, together with a copy of the complaint therein mentioned.

G. H. Sworn this 2d day of February, I A. D., 1848, before me.

T. P., Com'r of Deeds.

JUDGMENT ROLL ON FAILURE TO ANSWER.

SUPREME COURT,
County of Albany, I

A. B.
agt.

C. D.
A. B., plaintiff, complains ;
that C. D., defendant, on the

day of A. D. , at

by his promissory note in writing, for value received, promised to pay the plaintiff $1000, in thirty days thereafter, and that he has not paid the same : whereupon the plaintiff demande judgment against the defendant for the $1000, with interest from the day of

A. B., Pif.,
E. F., Pl'f's Atty.

County of Albany. A. B. being sworn, saith that he believes the foregoing complaint to be true.

A. B
Sworn this 1st day of February, I
A. D. 1848, before me.

T. P., Com'r of Deeds.
SUPREME COURT.
A- B- )

agt. CDCounty of Albany. E- F- plaintiff's attorney in this cause, being sworn, saith, that no copy of an answer to the complaint has been served on him.

E. F.
Sworn this 23d day of February, I
A. D., 1848, before me.

T. P. Ćom'r of Deeds.

SUPREME COURT, )

A. B., Judgment,
agt.

Februaay 23, 1848. C. D. The summons, with a copy of the complaint in this action, having been personally served on the defendant, on the first day of February, A. D. 1848, and no copy of an answer to the complaint having been served on the plaintiff's attorney, as required by the summons, now, on motion of E. F., plaintiff's attorney, it is hereby adjudged that

the plaintiff, recover of the defendant, the sum of $ with $ costs.

JUDGMENT ROLL ON ISSUE OF FACT
[Same as above to the end of the summons.]

ANSWER.

SUPREME Court,)

A. B.
agt.

C. D.
C. D., the defendant, answers to the complaint
that on the day of

he paid the note mentioned in the complaint.

C. D., Deft.

or

L. M., Defits Atty. County of Albany. C. D., being sworn saith, that he believes the foregoing answer to be true.

C. D. Sworn this 4th day of February, ? 1848, before me.

T. P., Com'r of Deeds.
SUPREME COURT,
A- B-

agt. C_DS County of Albany. At a circuit court, held in this county, on the 15th • day of February, A. D. 1848, before S. T., justice, the jury

found a verdict on the issue for the plaintiff, for the sum of

0. P., Clerk. SUPREME COURT,)

A. B. | Judgment,
agt.

February 15, 1848. C. D. This cause being at issue upon the facts, and a trial by jury had, on which a verdict was found for the plaintiff for $ , now, on motion of E. F., plaintiff's attorney, it is hereby adjudged, that the plaintiff, recover of the defendant, the sum of $ , with

, costs.

« PreviousContinue »