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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
Report to stand as decision of the court.......
Referees, how chosen

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 I. The execution.

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.
Leave, how obtained.

Execution on judgment

of justices' or other inferior courts when docket-
ed, how issued..

Other judgments, how enforced..........
The different kinds of execution..

284

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To what counties execution may be issued
Execution against the person, in what cases, and

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

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

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Clerk to transmit papers to appellate court

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...... 330

331

332

Intermediate orders affecting the judgment, may

be reviewed on the appeal.

Judgment on appeal

Certain appeals to be within two years.................
Other appeals within thirty days

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

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