Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

CHAPTER IV. Attachment.

V. Provisional remedies,

CHAPTER I.

Arrest and bail. No person to be arrested, except as prescribed by this act.

$ 178 Cases in which defendant may be arrested.

179 Order for arrest, by whom made..

180 Affidavit to obtain order. To what actions this chapter applicable

181 Security by plaintiff, before order for arrest.. 182 Order, when made and its form

183 Affidavit and order to be delivered to sheriff, and copy to defendant...

184 Arrest, how made..

185 Defendant to be discharged on bail or deposit 186 Bail, how given....

187 Surrender of defendant.

. 188, 189 Bail, how proceeded against

190 Bail, how exonerated.

191 Delivery of undertaking to plaintiff, and its acceptance or rejection by him

192 Notice of justification. New undertaking, if other bail

193 Qualifications of bail.

194 Justification and allowance of bail.

195, 196 Deposite of money with sheriff..

197 Payment of money into court by sheriff

198 Substituting bail for deposite.

199 Money deposited how applied, or disposed of..... 200 Sheriff, when liable as bail; and his discharge from

liability. Proceedings on judgment against sheriff

202 Bail liable to sheriff.

203 Motion to vacate order of arrest, or reduce bail...

204 Affidavits on motion ..

205 CHAPTER II. Claim and delivery of Personal Property. Delivery of personal property when it may be

201

211 212

.. 216

claimed

..$ 206 Affidavit and its requisites...

207 Requisition to sheriff, to take and deliver the property

208 Security on the part of the plaintiff, and justification

209 Exception to sureties and proceedings thereon or on failure to except

210 Defendant when entitled to re-delivery. Justification of defendant's sureties... Qualification and justification of sureties..

213 Property, how taken when concealed in building or enclosure

214 Property, how kept.

....... 215 Claim of property by third person.. Notice and affidavit, when and where to be filed.. 217

CHAPTER III.

Injunction. Writ of injunction abolished, and order substituted

..$ 218 Injunction, in what cases granted.

....... 219 At what time it

may

be granted Notice, when required. Temporary injunction... 221 Security upon injunction. Damages, how ascer

tained Order to show cause why injunction should not be granted...

223 Security, upon injunction to suspend business of corporation

224 Motion to vacate or modify injunction

225 Affidavits, on motion..

226 CHAPTER IV.

Attachment.
Property of foreign corporations and of non-resident

or absconding or concealed defendants may be
attached

$ 227 Warrant by whom granted...

228

220

222

$ 229

In what cases warrant may be granted
Security in obtaining warrant

230 Warrant, to whom directed, and what to require

231 Mode of proceeding in executing warrant .

232 Proceeding in case of perishable property or vessels

233 Interest in corporations or associations, liable to attachment

234 Attachment, how executed on property incapable of manual delivery.

235 Certificate of defendant's interest to be furnished by corporation..

236 Judgment, how satisfied.

237 When action to recover notes, &c., of defendant

may be prosecuted by plaintiff in the action in which the attachment issued ....

238 Bond to sheriff on attachment, how disposed of, on judgment for defendant..

239 Discharge of attachment and return of property,

or its proceeds, to defendant, on his appearance in action....

240 Undertaking on the part of the defendant.

241 When sheriff to return warrant and proceedings thereon.

242 Sheriff's fees

243

CHAPTER V.

Provisional Remedies. Powers of court as to receivers, deposit of money, &c., in court, and other provisional remedies .. § 244

TITLE VIII.
Of the trial and judgment in civil actions.
CHAPTER I. 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.

Judgment when to be entered...

- $ 265 CHAPTER IV.

Trial by the court. Trial by jury how waived...

§ 266 On trial by the court, judgment to be given in

twenty days Exceptions, how and when taken.

268 Proceedings upon judgment on issue of law....

269

267

CHAPTER V.

Trial by Referees.
All issues referable by consent ...
When reference may be compulsorily ordered
Report to stand as decision of the court..
Referees, how chosen

[blocks in formation]

$ 274 ..... 275

CHAPTER VI.

Manner of entering judgment. Judgment may be for or against any of the par

ties The relief to be awarded to the plaintiff.. Rate of damages, where damages are recoverable, 276 Judgment in action for recovery of personal property ......

277 Judgment upon issue of law or of fact, to be upon

direction of a single judge, or on report of re

ferees, subject to review at general term........ 273 Clerk to keep a judgment book

279 Judgment to be entered into judgment book

..... 280 Judgment roll

281 Judgment, in what cases and how to be docketed, 282

TITLE IX. Of the execution of the judgment in civil actions. CHAPTER I. The execution.

« ΠροηγούμενηΣυνέχεια »