Section. 266. Trial by jury, how waived................ .... ........ Section. 1008, 1009 267. On trial by the court, judgment to be given in twenty days..... 1010, 1021, 1022, 1228 268. Exceptions how and when taken...... 269. Proceedings upon judgment on issue of law. 270. All issues referable by consent..... 994, 997, 1001, 1337, 1338 1222, 1223 1011 .... ...... ........ 1013, 1015 271. When reference may be compulsorily ordered. 273. Referees how chosen.... 1022, 1226, 1228, 1337, 1338 1011, 1012, 1019, 1024, 1025 274. Judgment may be for or against any of the parties......... 821, 822, 1204, 1205, 1206 275. The relief to be awarded to the plaintiff... 282. Judgment, in what cases and how to be docketted and lien thereof, 1246, 1247, 1251, 1252, 1255, 1256, 1257, 1258, 1259, 1272 ... 283. Execution within five years, of course.... 288. Executions against the person; in what cases and when.... 289. Form of the execution........ 328. Clerk to transmit papers to Appellate Court.... 329. Intermediate orders affecting the judgment, may be reviewed on the appeal..... 1316 336. If judgment be to deliver documents, they must be deposited....... 337. If to execute conveyance, it must be executed and deposited.......... 338. Security where judgment is to deliver property, or for a sale of mortgaged premises, 1331 339. Stay of proceedings upon security given ............. 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.... 344. Appeal to the supreme court from an inferior court; in what cases ....1340, 1342, 1357 345. Security must be given as upon appeal to the court of appeals.... 348. Appeals from circuits and special terms to same court in general term; security on appeal. .......1309, 1346, 1351, 1352, 1355 349. Orders by a single judge may be appealed from in certain cases................... ................ 350. Orders at chambers, to be entered before appeal................... 372. Controversy, how submitted without action .... ...... 373. Judgment on, as in other cases, but without costs.... 384. Filing same, and entering judgment.. 1347, 1349 1304, 1348, 1351 .... 1279, 1281. 1275, 1276, 1277 385. Defendant may serve offer to compromise, and the proceedings thereon..... 738, 739 386. Defendant may offer to liquidate damages conditionally...... 387. Effect of acceptance or refusal of offer.... 390. A party may examine his adversary as a witness on the trial....... 396. Persons for whom action is brought or defended may be examined........ 397. Examination of co-plaintiff or co-defendant.................... 401. Definition of a motion; motions, how and where made..... 720, 768, 769, 770, 772, 402. When notice is necessary, it must be eight days before hearing... 404. In absence of judge at chambers, motion may be transferred by him to another judge...... ... .... 405. Enlarging time for proceedings in an action.... 406. Affidavits defectively entitled, valid...... 407. Time how computed..... 408, 409. Notices and other papers, how served on party or attorney. 410, 411. When and how served by mail..... 412. Double time when served by mail..... ............ 413. Eight days notice of motion, etc., before court or judge, when personally served, 780 414. When papers need not be served on defendant..... 799 415. Service of papers when party resides out of the state. 800 416. Summons and pleadings to be filed within ten days after service.... 824 417. Service, where party appears by attorney.............. 799 .... 418. This chapter not to apply to summons or process, or to papers to bring party into contempt...... 802 ...... ...... ...... 419. Duty of sheriff and coroner in serving or executing process, and how enforced.. 103. 172 421. Power of referees....... 420. Guardian not to receive property until security given.......... 422. Papers lost or withheld, how supplied. 474 1018 ...... ...... 726 Section. 423. Where undertaking to be filed........ 424. ........ 425. Time for publication of notices, how computed..... ...... .... .... Section. 816 787 942 17 REPEALING ACT. CHAPTER 417 OF 1877. REVISED STATUTES. The following provisions of the Revised Statutes are repealed: PART 1, Ch. 5, tit. 4, §§ 24, 25, 26, 27. PART 2, Ch. 1, tit. 5, §§ 5, 6. Ch. 5, tit. 1, art. 1, all. Ch. 5, tit. 1, art. 6, § 17, the concluding portion beginning "but whenever any person shall have remained charged." PART 3, Ch. 1, tit. 1, art. 3, all. Ch. 1, tit. 2, all, except §§ 38, 39, 43, 45, and articles 6 and 7 of that title. Ch. 1, tit. 3, all. Ch. 1, tit. 4, §§ 1 to 27, both inclusive, and § 45. Ch. 1, tit. 5, all except §§ 4, 5, 6, 7, 21, 24, 25, 27, 28 and 29 thereof, and so much of §§ 11 and 14 thereof as relates to criminal courts. Ch. 2, tit. 4, gỗ 245, 246, 247, 248. Ch. 3, all, except tit. 1, § 14, and except tit. 2, §§ 40, 41, 44, 45, 48 and 54 to 61, both inclusive. PART 3, Ch. 5, tit. 5, §§ 22 to 29 both inclusive. Ch. 6, all, except tit. 2, §§ 12, 13; and except tit. 4, § 14, and except. tit. 6, arts. 1 and 2. Ch. 7, all, except tit. 2, §§ 15, 16, and except tit. 3, §§ 63 to 70 both inclusive, and §§ 74, 75, 76. Ch. 8, tit. 1, all. Ch. 8, tit. 2, all. Ch. 8, tit. 3, § 8. Ch. 8, tit. 4, art. 1, all, except §§ 1, 2, 3, 12, 13, 14, 15. Chap. 8, tit. 6, so much of §§ 16 to 21 thereof, both inclusive, as relates to petit jurors, and §§ 37 to 42, both inclusive. Ch. 8, title 13, § 1. Ch. 8, tit. 17, all, except §§ 1, 13, 14, 15, 27, 28, 29, 30, 32, 35 Ch. 9, tit. 3, all, except § 66, and except so much of art. 3 as applies to appeals from surrogates' courts. |