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CHAPTER II. Proceedings supplementary to the exe-.
The execution. Execution within five years, of course, as prescribed by this title...
.$ 283 After five years, to be issued only by leave of court. Leave, how obtained.
Execution on judgment of justices' or other inferior courts when docketed, how issued......
284 Other judgments, how enforced..
285 The different kinds of execution..
286 To what counties execution may be issued 287 Execution against the person, in what cases, and when...
288 Form of the execution
289 To be returnable in sixty days
290 Existing laws relating to execution continued, until otherwise provided..
291 CHAPTER II. Proceedings supplementary to the execution. When execution returned unsatisfied, order for discovery of property allowed.
Also when judg ment' debtor refuses to apply property to satisfy judgment. Manner of proceeding to examine judgment debtor... Any debtor may pay execution against his creditor, 293 Examination of debtors of judgment debtor or of
those having property belonging to him........ 294 Witness required to testify...
295 Compelling party or witnesses to attend. Examinations when to be on oath
296 Judge may order property to be applied on execucution
297 Judge may appoint receiver, and prohibit transfer,
&c., of property Proceedings upon claim of another party to proper
Disobedience of order, how punished.
Of the costs of civil actions,
Costs against infant plaintiff
ministrator, trustee of an express trust, or a per-
son expressly authorized by statute to sue...... 317
Of appeals in civil actions.
II. Appeals to the court of appeals.
CHAPTER III. Appeals to the supreme court from an
inferior court. IV. Appeals in the supreme court, and the
superior court, and the court of common pleas of the city of New York, from a single judge to the general
term. V. Appeal to the court of common pleas
for the city and county of New York, or to a county court, from an infenor court.
Appeals in general. Writs of error abolished, and appeals substituted, $ 323 Orders made out of court, how vacated or modi
324 Who may appeal
325 Parties how designated on appeal
326 Appeal how made
327 Clerk to transmit papers to appellate court
328 Intermediate orders affecting the judgment, may be reviewed on the appeal
329 Judgment on appeal
330 Certain appeals to be within two years........... 331 Other appeals within thirty days
$ 333 On any appeal security must be given to pay costs
and damages, not exceeding $250, or deposit made, unless waived
334 On judgment for money, security to stay execu
335 If judgment be to deliver documents, they must be
deposited .. If to execute conveyance, it must be executed and depositea
336 $ 341
Security where judgment is to deliver property, for a sale of mortgaged premises ::
..$ 338 Stay of proceedings upon security given
339 Undertakings may be in one instrument, or several. 340 Security to be approved and to justify..
341 Perishable property may be sold, notwithstanding appeal....
342 Undertaking must be filed.
343 CHAPTER III. Appeal to the Supreme Court
from an inferior court. In what cases. Security must be given as upon appeal to the court of appeals
345 Appeal, where heard...
346 Judgment on appeal, where entered and docketed, 347
CHAPTER IV. Appeals in the supreme court, and the superior court and court of common pleas of the city of New
York, from a single judge, to the general term. Appeals from circuits and special terms to same
court in general term. Security on appeal.....$ 348 Orders by a single judge, may be appealed from in certain cases
349 Orders at chambers to be entered before appeal... 350
CHAPTER V. Appeal to the court of common pleas for the city and county of New York, or to a county court, from
an inferior court. Existing laws repealed, and this chapter substitu
ted By what courts judgments to be reviewed........ 352 Appellant to make affidavit..
.. 353 Copy affidavit and notice of appeal to be served ..
354 Security to stay execution
355 Form of undertaking..
Execution, how stayed
359 Return when and how made, and compelled 360 How made if justice be out of office.
361 Further return may be ordered..
362 If justice be dead, insane or absent from state, wit
nesses to be examined. If in another county, return may be compelled .
363 Hearing, upon return. Dismissing appeal, if not brought on...
364 To be heard on original papers...
365 Judgment, how given
366 Judgment roll
367 Costs, how awarded.
368 Ordering restitution
369 Setting off costs and recovery ......
370 The costs on appeal...
TITLE XII. Of the miscellaneous proceedings in civil actions, and
general provisions. CHAPTER I. Submitting a controversy, without ac
tion. II. Proceedings against joint debtors, heirs,
legatees, devisees, and tenants hold
ing under a judgment debtor.
the whole or a part of the action.