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THE

CODE OF PROCEDURE

OF THE

STATE OF NEW YORK,

AS AMENDED TO 1870.

WITH

NOTES ON PLEADING AND PRACTICE,

RULES OF THE COURTS,

AND

A FULL INDEX.

TENTH EDITION.

By JOHN TOWNSHEND,

EDITOR OF THE PRECEDING EDITIONS.

NEW YORK :
BAKER, VOORHIS & CO., PUBLISHERS,

6 6 NASSAU STREET.

1870.

Entered, according to Act of Congress, in the year 1851, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York.

Entered, according to Act of Congress, in the year 1852, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York.

Entered, according to Act of Congress, in the year 1853, by JOHN 8. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York.

Entered, according to Act of Congress, in the year 1855, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York.

Entered, according to Act of Congress, in the year 1857, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York.

Entered, according to Act of Congress, in the year 1859, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York.

Entered, according to Act of Congress, in the year 1860, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York.

Entered, according to Act of Congress, in the year 1864, by JOHN S. VOORHIES, in the Clerk's office of the District Court of the United States for the Southern District of New York.

Entered, according to Act of Congress, in the year 1867, by BAKER, VOORHIS & Co, in the Clerk's office of the District Court of the United States for the Southern District of New York.

Entered, according to Act of Congress, in the year 1870, by BAKER, VOORHIS & CO., in the office of the Librarian of Congress, at Washington.

L7240
MAR 2 1933

BAKER & GODWIN, PRINTERS,

Printing-House Square, N. Y.

EDITOR'S PRE FACE

TO

Τ Η Ε TEN TH EDITIO N.

I am grateful for the opportunity to present to my professional brethren a Tenth Edition of my “Notes to the Code of Procedure.” By the teachings of a long experience, industriously applied, I flatter myself I have exhausted every resource in producing a complete and useful work. My first edition of these “Notes” was published in 1851, and I have edited every subsequent edition. If not the first to conceive, I was at least the first to execute, the idea of an Annotated Code. The favor the work has found with the profession evidences that it met a general want.

Thus far my pecuniary compensation has been very inadequate ; but I have consoled myself for the absence of a money reward in the hope that I was securing the approbation of those for whom I labored. It has been a disappointment to find that some, having a good word to say in favor of my work, not only ignore me, but give the credit to others by name. I ask no favor, but I wish it understood that I alone am entitled to whatever of censure or praise the following sheets may merit.

JOHN TOWNSHEND. 129 Fulton STREET, New YORK,

July, 1870.

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