« PreviousContinue »
Entered according to the act of Congress in the year one thousand eight hundred and fifty-one,
By GOULD, BANKS & Co.,
By section two, of chapter four hundred and seventy-nine, passed July ten, one thousand eight hundred and fifty-one, the Legislature provided that section thirteen of the Code, as amended, should not take effect until the first day of January next, and that the Code, as amended by that act, should be published in the Session Laws, and the amended sections in italics; and as several important amendments have been passed it has been thought best to publish the amended sections in the present edition in italics. The marginal notes also show what sections were amended in 1849, and what additional sections were passed that year. The number of the sections inclosed in brackets corresponds with the numbering of the sections in the Code of 1848, and will be found of great value in consulting the decisions of cases under the original Code.
The notes will be found to contain abstracts from, and references to all the most important cases that have been decided-on pleading and practice since the Code went into operation, with occasional reference to corresponding decisions under the former practice, and the accompanying index is more full and complete than any other beretofore published.
In the arrangement of the ņotes an effort- has been made so to bring the different subjects together, that all the decisions relating to one topic could be readily found; and to expedite the labors of the practitioner numerous references will be found from one section to another, thus referring not only to different portions of the Code relating to the same subject, but also referring to other subjects collateral thereto; and if, by use of the references, notes and index here made, the profession shall find their labor in any manner lightened of its burden, the author will have the assurance that his labor has not been in vain.
Albany, July 30, 1851.
TABLE OF CONTENTS.
53. Jurisdiction of these courts, ..
54. Jurisdiction in civil actions, limited,
55. Answer of title to land,
56. Undertaking therein,
57. Suit before justice to be discontinued,.
58. Proceedings if undertaking not given,
59. The same,
60. New action in supreme court; pleadings therein,
61. Costs of action in supreme court,