« ΠροηγούμενηΣυνέχεια »
CHAPTER IV. Attachment.
V. Provisional remedies,
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
..$ 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
Injunction. Writ of injunction abolished, and order substituted
..$ 218 Injunction, in what cases granted.
....... 219 At what time it
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.
or absconding or concealed defendants may be
$ 227 Warrant by whom granted...
In what cases warrant may be granted
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
Provisional Remedies. Powers of court as to receivers, deposit of money, &c., in court, and other provisional remedies .. § 244
II. Issues and the mode of trial.
V. Trial by referees.
Judgment upon failure to ans wer.
Issues and the mode of trial.
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....
Trial by Referees.
$ 274 ..... 275
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.