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Security where judgment is to deliver property, for

a sale of mortgaged premises

Stay of proceedings upon security given

•§ 338

339

Undertakings may be in one instrument, or several. 340 Security to be approved and to justify.

Perishable property may be sold, notwithstanding appeal....

Undertaking must be filed..

CHAPTER III.

341

342

343

Appeal to the Supreme Court from an inferior court.

In what cases..

. § 344

Security must be given as upon appeal to the court of appeals

Appeal, where heard..

345

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

349

certain cases 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Existing laws repealed, and this chapter substituted

By what courts judgments to be reviewed..

Appellant to make affidavit..

Copy affidavit and notice of appeal to be served
Security to stay execution..

Form of undertaking..

$ 351

... 353

353

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354

355

356

Further return may be ordered..

Execution, how stayed

$357

In case of death of justice, undertaking to be filed, 358 Counter affidavits allowed, and when and how served

Return when and how made, and compelled
How made if justice be out of office...

359

360

361

362

If justice be dead, insane or absent from state, witnesses to be examined. If in another county, return may be compelled

363

Hearing, upon return. Dismissing appeal, if not

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364

Judgment, how given

365

366

Judgment roll..

367

368

369

370

371

Costs, how awarded..

Ordering restitution

Setting off costs and recovery

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.

III. Confession of judgment without action.
IV. Offers of the defendant, to compromise
the whole or a part of the action.
V. Admission or inspection of writings.
VI. Examination of parties.

VII. Examination of witnesses.

VIII. Motions and orders.

IX. Entitling affidavits.

X. Computation of time.

XI. Notices, and filing and service of pa

pers.

XII. Duties of sheriffs and coroners.

CHAPTER XIII. Accountability of guardians.
XIV. Powers of referees.

XV. Miscellaneous provisions.

CHAPTER I.

Submitting a controversy without action. Controversy how submitted without action..

$372 Judgment on, as in other cases, but without costs, 373 Judgment may be enforced, or appealed from, as in an action..

374

CHAPTER II.

Proceedings against joint debtors, heirs, devisers, legatees and tenants holding under a judgment debtor.

Parties not summoned in action on joint contract, may be summoned after judgment

If judgment debtor die, his representatives may be

summoned

Form of summons

To be accompanied by affidavit of amount due
Party summoned may answer and defend
Subsequent pleadings and proceedings same as in
an action

$375

376

377

378

379

380

Answer and reply to be verified as in an action.... 38

CHAPTER III.

Confession of Fudgment, without Action.

Judgment may be confessed for debt due or con

tingent liability.

Statement in writing, and form thereof.

Filing same, and entering judgment..

CHAPTER IV.

$381

382

384

Offers of the defendant to compromise the whole or a

part of the action.

Defendant may serve offer to compromise and the

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Admission or inspection of writings.

A party may be required to admit a paper to be genuine, or pay expense of proving it. Inspection and copy of books, papers and documents, how obtained..

CHAPTER VI.

.$ 388

Examination of parties.

Actions for discovery, abolished

.§ 389

A party may examine his adversary as a witness,

on the trial..

390

Such examination also allowed before trial. Pro

ceedings therefor

391

Party how compelled to attend.

392

Testimony of party may be rebutted..

......

393

394

Effect of refusal to testify..

Testimony by a party not responsive to the inquiries, may be rebutted by the oath of the party calling him...

Persons for whom action is brought or defended, may be examined.

395

396

Examinations of co-plaintiff or co-defendant...... 397

CHAPTER VII.

Examination of witnesses.

No witness to be excluded by reason of interest..§ 398 To whom last section inapplicable..

399

CHAPTER VIII.

Motions and orders.

Definition of an order

..§ 400

Definition of a motion. Motions how and where made

When notice is necessary, it must be eight days before hearing..

$401

In actions in supreme court, county judge may act
at chambers. His orders, how reviewed
In absence of judge at chambers, motion may be
transferred by him to another judge.

Enlarging time for proceedings in an action

402

403

404

405

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Notices, and filing and service of papers.

Notices and other papers, how served on party or

attorney..

When and how served by mail.

Double time when served by mail

•§ 408, 409

•410, 411

412

413

Eight days notice of motion, &c., before court or
judge when personally served
Where papers need not be served on defendant... 414
Service of papers where party resides out of the

state

415

416

Summons and pleadings to be filed within ten days after service. Service, where party appears by attorney......... 417 This chapter not to apply to summons or process, or to papers to bring party into contempt......

418

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