2 CHAPTER II. Issues and the mode of trial. Issue of fact to be tried by jury, unless waived or Other issues to be tried by the court All issues to be tried before a single judge Either party may give notice of trial. Note of 256 Plaintiff to furnish court with copy summons, General and special verdicts defined. Verdict in action for recovery of specific personal property, when in action for recovery of money only, or real property, jury may render either general or special verdict; and when court may On special finding, with general verdict, former to Judgment when to be entered... . § 265 CHAPTER IV. Trial by the court. Trial by jury how waived..... twenty days On trial by the court, judgment to be given in Exceptions, how and when taken.. Proceedings upon judgment on issue of law... CHAPTER V. $266 267 268 269 Trial by Referees. All issues referable by consent When reference may be compulsorily ordered CHAPTER VI. Manner of entering judgment. •§ 270 271 272 273 Judgment may be for or against any of the parties.. ..$274 275 277 The relief to be awarded to the plaintiff.. Rate of damages, where damages are recoverable, 276 Judgment in action for recovery of personal property Judgment upon issue of law or of fact, to be upon direction of a single judge, or on report of referees, subject to review at general term........ Clerk to keep a judgment book. Judgment to be entered into judgment book..... 280 Judgment roll 278 279 281 Judgment, in what cases and how to be docketed, 281 TITLE IX. Of the execution of the judgment in civil actions. CHAPTER II. Proceedings supplementary to the exe-. cution. CHAPTER I. The execution. Execution within five years, of course, as pre scribed by this title.. .§ 283 After five years, to be issued only by leave of court. Execution on judgment of justices' or other inferior courts when docket- Other judgments, how enforced.......... 284 To what counties execution may be issued when.... : Form of the execution To be returnable in sixty days ............ Existing laws relating to execution continued, until otherwise provided.... CHAPTER II. 287 288 289 290 291 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..... .§ 292 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.. Compelling party or witnesses to attend. Examinations when to be on oath Judge may order property to be applied on execucution Judge may appoint receiver, and prohibit transfer, &c., of property Proceedings upon claim of another party to proper 295 296 297 298 Costs against infant plaintiff 316 317 Costs in an action by or against an executor or ad- Of appeals in civil actions. CHAPTER I. Appeals in general. 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 inferior court. CHAPTER I. Appeals in general. Writs of error abolished, and appeals substituted, § 323 Orders made out of court, how vacated or modi Clerk to transmit papers to appellate court ...... 330 331 332 Intermediate orders affecting the judgment, may be reviewed on the appeal. Judgment on appeal Certain appeals to be within two years................. CHAPTER II. Appeals to the Court of Appeals. In what cases. On any appeal security must be given to pay costs and damages, not exceeding $250, or deposit made, unless waived . § 333 334 On judgment for money, security to stay execu tion 335 If judgment be to deliver documents, they must be deposited 336 If to execute conveyance, it must be executed and deposited 337 |