The Code of Procedure of the State of New York: As Amended by the ...

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, .

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,

2:26. Affidavits on motion,..

CHAPTER IV.

89-94

Attachment,...

SECTION 227. Property of foreign corporations and of non-resident or ab-

sconding or concealed defendants may be attached,..

228. Warrant by whom granted, ....

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,...

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,

CHAPTER V.

95-96

Provisional Remedies,.

SECTION 241. Powers of court as to receivers, deposit of money, &c.,

in court, and other provisional remedies,..

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,

VI. The manner of entering judgment.....s.

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

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

Issues, and the Mode of Trial,...

99-101

SECTION 248. The different kinds of issues,

249. Issue of law,....

250. Issues of fact,

251. On issues of both law and fact, the issue of law to be first

tried,

252. Trial, what,.

253. Issue of fact to be tried by jury, unless waived or reference

ordered,

254. Other issues to be tried by the court, ..

100

255. All issues to be tried before a single judge,....

100

256. Either party may give notice of trial. Note of issue,

100

257. Order of disposing of issues on the calendar,.

SECTION 258. Either party may bring issue to trial,.

101

259. Plaintiff to furnish court with copy summons, pleadings,&c. 102

260. General and special verdicts defined,..

102

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,... 102

262. On special finding, with general verdict, former to control, 103

263. In actions for recovery of money only, jury to assess dam-

ages, .......

103

264. Entry of verdict,

103

265. Judgment, when to be entered,

104

CHAPTER IV.

Trial by the court,...

105-108

SECTION 266. Trial by jury how waived,

105

267. On trial by the court, judgment to be given in twenty days, 105

268. Exceptions, how and when taken, ...

105

269. Proceedings upon judgment on issue of law,............. 106

CHAPTER V.

Trial by Referees,...

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,...

.107-108

107

108

CHAPTER VI.

Manner of Entering Judgmenty.

108-111

SECTION 274. Judgment may be for or against any of the parties,

108

275. The relief to be awarded to the plaintiff, .

109

276. Rate of damages, where damages are recoverable,

109

277. Judgment in action for recovery of personal property,.

109

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, .

111

TITLE IX.

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-

ticess or other inferior courts when docketed how is-

sued,

112

285. Other judgments, how enforced,...

113

286. The different kinds of execution,..

113

287. To what counties execution may be issued,.

113

288. Execution against the person, in what case, and when,...

114

289. Form of the execution,....

114

290. To be returnable in sixty days,..

115

291. Existing laws relating to execution continued, until other-

wise provided,

115

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

118

Proceedings Supplementary to the Execution,..

116-120

SECTION 292. When execution retarned 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,

116

293. Any debtor may pay execution against his créditor,

118

294. Examination of debtors of judgment debtor or of those

having property belonging to him,..

295. Witness required to testify,

119

296. Compelling party or witnesses to attend. Examinations,

when to be on oath,.

119

297. Judge may order property to be applied on execution,... 119

298. Judge may appoint receiver, and prohibit transfer, &c.,

of property,

119

299. Proceedings upon claim of another party to property, or

on denial of indebtedness to judgment debtor,.

300. Reference by judge,..

301. Cost of proceeding,

302. Disobedience of order, how punished,

Of the Costs in Civil Actions,....

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

TITLE X.

SECTION 303. Fee bill abolished. Allowances given, termed costs,..

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,.....

313. Referees' fees,.....

314. Costs on postponement of trial,

315. Costs on motion,...

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,

318. Costs on review. of a decision of an inferior court, in a

special proceeding,....

320. Costs in actions by the people,

321. Costs against assignee of cause of action after action

brought, :

322. Costs on a settlement,

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

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

Of Appeals in Civil Actions,.

..131-147

CHAPTER I. Appeals in general,

131-133

II. Appeals to the court of Appeals,

134-137

III. Appeals to the supreme court from an inferior court,. 138-139

IV. 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,..

139-141

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,

141

CHAPTER I.

Appeals in General,...

..131-133

Section 323. Writs of error abolished, and appeals substituted,...

131

324. Orders made out of court, how vacated or modified,

131

325. Who may appeal,

131

326. Parties how designated on appeal,

132

327. Appeal how made,..

132

328. Clerk to transmit papers to appellate court,

132

329. Intermediate orders affecting the judgment, may be re.

viewed on the appeal,.

330. Judgment on appeal,.

331. Certain appeals to be within two years,

332. Other appeals within thirty days,....

.....

Appeals to the Court of Appeals,. .....

134-137

SECTION 333. In what cases,..

134

334. On any appeal security must be given to pay costs and

damages, not exceeding $250, or deposit made, unless

waived,

134

335. On judgment for money, security to stay execution,

135

336. If judgment be to deliver documents, they must be depo-

sited,..

135

337. If to execute conveyance, it must be executed and depo-

sited, ........

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,...

311. Security to be approved, and to justify,

342. Perishable property may be sold, notwithstanding appeal,

313. Undertaking must be filed,.....

Appeal to the Supreme Court from an Inferior Court, . . 138-139

SECTION 344. In what cases,

138

345. Security must be given as upon appeal to the court of.ap-

peals,....

138

346. Appeal, where heard,..

347. Judgment on appeal, where entered and docketed,.

139

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,.

139-141

SECTION 348. Appeals from circuits and special terms to some court in

general term. Security on appeal,...

139

349. Orders by a single judge, may be appealed from in certain

cases, ....

140

350. Orders at chambers to be entered before appeal,

141

CHAPTER V.

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,

141-147

SECTION 351. Existing laws repealed, and this chapter substituted,

141

352. By what courts judgments to be reviewed,

142

353. Appellant to make affidavit,

142

354. Copy affidavit and notice of appeal to be served,.

142

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 maile, 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,