affidavit necessary under late Code,
535
but not under present, 535
time within which appeal must be
taken, 535
service of notice, 536
payment to Justice on, 536
service where Justice dead or ab-
sent, 537
security to be given upon, 537
sureties, qualifications of, 538
disposal of, 538
return to be made by Justice, 538
his fee thereon, 538
amended return may be required, 539
return may be compelled, 539
course where return cannot be pro-
cured, 539
course on hearing of, 539
proceedings on taking judgment by
default, 540
decision how reviewable, 544
To Courts of Higher Jurisdiction.
formal proceedings on notice of
appeal, 545
form of, 545
service of, 546
security upon, 547
on appeals from orders, not re-
quired, 547
security for costs upon, 547
necessary in all cases, 548
security, where stay of execution is
required, on ordinary money
judgment, 548
security, where judgment directs
assignment or delivery of doen-
ments or personal property, 549
security, where execution of con-
veyance, 549
security, where sale or delivery of
possession of real property, 549
stay obtainable by means of fore-
going undertakings, 550
power of Court to limit security, 550
form and disposal of undertakings,
(see Undertakings.)
summary of requisites in order to
Appeal, 551
when considered as perfected, 552
respondent's power to except to
sureties, 552
justification by, when excepted
to, 553
proceedings upon, (see also Ar-
rest,) 553
undertakings amendable, 554
return of Court below to be ob
tained, 555
transmission of, to Appellate Court,
555
disposal of, on appeal to General
Term, 555
clerk's fees on, 556
time allowed for obtaining, 556
consequences of neglect to obtain-
may be amended, 556
order for clerk to make further re-
turn, 556
date of issue upon, 556
limitation of Appeals from inferior
to superior court, 556
Appeals to Courts of Higher Jurisdiction. | Appeal from Judgment to General Term.
from single judge to General Term,
commencement of foregoing periods
557
discussion in relation to, and cases
cited, 557 to 562
cannot be extended, 559
preparation of case upon, for Court
of Appeals, 562
for General Term, on appeal from
judgment, 562
Query, if necessary, on appeal from
order, 563
service of copies, 563
if neglected, respondent may move
to dismiss, 563
directions as to printing, 563
preparation and printing of points,
preference of criminal cases, 565
of certain proceedings by Attorney
General, 565
dismissal of appeal by appellant, 565
From orders.
vacating or modification of, by
judge who made them, 566
appealability of orders, 567
questions as to, fully considered and
cases cited, 567 to 575
provisions of court of common
pleas in relation to review of
orders, 568
order appealed from, must be en-
tered, 573
no security required on appeal, 573.
court bound to hear appeal, if order
appealable, 574
To Supreme Court
From Inferior Court.
from what courts may be taken, 575
cases originating in county or city
courts, matter of right, 575
from do in justice's courts, matter
of favor, 574
judge's certificate necessary on lat-
ter, how obtained, 575.
judgment by default on appeal to
county court, cannot be reviewed,
576
course of hearing, 576
From Judgment to General Term.
statutory provisions in relation to,
when decision final, and when not,
578
when judgment entered on referee's
report, 578
security on, 578
remitting of cause to special term,
579
judgment on appeal, when and
when not reviewable, 580
formal proceedings on hearing, 580
controversies submitted without ac
tion, course of hearing upon, 582
To Court of Appeals.
statutory provisions defining juris-
diction, 583
amendments of 1851, in relation to
orders for new trials, 584
former practice restored by last
amendment, 584
appeal to, will only lie from deci-
sion of General Term, 585
when appeal will or will not lie,
subject fully discussed and cases
cited, 585 to 591
operation of code in relation to,
strictly prospective, comprises all
judgments or orders made after
1st July, 1848, 591
from previous judgments or orders
governed by old law, 592
practice or consequence of failure
to serve cases in due time, 592
respondent may enter order to dis-
miss, 593
modification of security, how ap- Arrest.
plied for, 578
course of hearing,
judgment on, 579
in what court to be eutered, 579
averments of fraud in complaint in
order to, how far admissible, 197
former law subsisting, in concurrence
with code, 642
on execution, (see Execution.)
statutory provisions in relation to,
641 to 643
for costs abolished, 642
powers of federal courts, 642
on "ne exeat," questions as to, 642
when or not defendant arrestable,
643
question considered and cases cited,
how applied for, 648
form of affidavit, 649
cases in relation to, 649 to 651
security on application for order, 651
mode of obtaining, 652
delivery to sheriff, 652
service of copies of affidavit and order,
sheriff's responsibility upon, 653
amendment of order, on failure to
arrest within time limited, 654
course of defendant on arrest, 654
may apply to vacate order of arrest,
or reduce amount of bail, 654.
cases in relation to, 654 to 657
may give bail, 657
form of undertaking on, 657
responsibilities of bail, 658
qualifications of, 658
affidavit by, 658
acknowledgment and disposal of un-
dertaking, 659
service of copy on plaintiff, 659
plaintiff's power to except to bail, 659
consequences of omission to do so, 659
service of notice on Sheriff, 659
proceedings of latter thereon, 659
justification by sureties, mode of, 659
course upon, 660
certificate of sufficiency, 660
disposal of undertaking thereon, 661
effect of failure to justify, 660
surrender of defendant by bail, 661
powers of bail in relation thereto, 661
remedy of plaintiff against them on
failure, 661
preliminaries thereto, 661
exoneration of bail, 662
defendant's power to obtain discharge,
on deposit of amount elaimed, 662
mode of deposit, 662
disposal of amount, 663
to be refunded, on bail given, 663
disposal on final judgment, 663
discharge of defendant by operation
of law, on insanity, 663
by discharge under insolvent act, 664
Various forms in relation to, (see AP-
PENDIX.)
of amount due by clerk on entry of
judgment, 452
Assessment, &c.
when necessary, 452
when defendant entitled to notice of
453
by sheriff's jury, 479, 458
Attachment.
against certain parties for costs, 635
sed query, 636
provisions of Revised Statutes super-
seded, 689
when and against whom obtainable
under Code, 690
to whom application to be made, 690
affidavit upon, 690
form of, and cases in relation to, 694
to 696
security upon, 690
may accompany summons, 691
must not precede, 691
cases in relation to, generally consid-
ered, 692, 693
powers of courts of limited jurisdic-
tion in relation to, 692
issuing of, sufficient commencement of
suit to confer jurisdiction, 693
application to judge for, 696
warrant, form of, 696
lodgment with sheriff, 697
duties of latter thereon, 697
actions in respect of property seized,
how and by whom brought, 698
application by defendant to discharge,
Averments in Pleading. (See Pleading.) | Commencement of Action.
course to be pursued on decision of
motion, 424
order on, appealable, 425
course on new trial granted, 425.
may be attached to judgment-roll,
after entry of judgment, 426
for opinion of court, preparation and
settlement of, 432
mode of hearing, 432
case reserved for argument, 433
form of entry of decision on fore-
going, 433
on appeal (see Appeal.)
Chambers.
jurisdiction of judge at, defined, 21
extended powers in first district, 22
Cities.
courts of jurisdiction defined, 37
Claim and Delivery of Personal Pro-
perty. (See Replevin.)
duties of generally defined, 6, 631
fees of, 631
as regards statute of limitations, 84
preliminaries to, in certain cases, 86
by summons, 93
by allowance of provisional remedy,
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