TABULAR STATEMENT SHOWING THE SECTIONS OF THE CODE OF CIVIL PROCEDURE REPRESENTING THE REPEALED SECTIONS OF THE CODE OF PROCEDURE. 12. May reverse, affirm or modify Judgment, or order appealed from-its Judgment to be remitted to be enforced by the court below.... .... 15. Court of appeals, provision as to rooms for, etc.... ... 194, 1317 17. 18. 19. 20. 21. 22. 23. Extraordinary general and special terms, and Oyer and Terminer, how appointed 234 24. Places of holding terms and the adjournments thereof... ....... .... .31, 34, 238, 239 355 356 357 263, 269, 275 ........ 32. Jurors therefor; how drawn and summoned..... 34. Section. Section. 35. General and Special Terms of the Superior Court and Common Pleas to be appointed.... 36. By whom held. 37. 38. Concurrence of two Judges necessary at General Term. 39. Criers, how appointed, salaries how fixed........... .......... 40. New York City Superior Court, of whom to consist. .... 280 41. 42. 43. 44. 45. Powers of Judges and their salaries........... 267, 268 46. Terms of New York Superior Court and by whom held.. 280, 282 47. 48. 49. 50. 51. Supervisors to provide rooms, etc........... 72. Feigned issues abolished, and order for trial substituted.... 73. 74. Time of commencing civil actions 76. When action cannot be brought by grantee from the state....... 77. When actions by the people or their grantees to be brought within twenty years 364 78. Seizin within twenty years, when necessary in action for real property.......... 365 79. Seizin within twenty years, when necessary in action or defense founded on title to, or rents of real property...... 366 80. Action must be commenced within one year after entry, or within twenty years after right of entry ..... 367 371 81. Possession when presumed; occupation deemed under legal title, unless adverse 368 82. Occupation under written instrument or judgment, when deemed adverse................... 369 83. What constitutes adverse possession, under written instrument or judgment..... 370 84. Premises, actually occupied, under claim of title, deemed to be held adversely.... 85. What constitutes adverse possession under claim of title not written.... 86. Relation of landlord and tenant, as affecting adverse possession... 87. Right of possession not affected by descent cast..... ...... ...... 88. Certain disabilities excluded from time to commence actions.... 89. Periods of limitation for actions other than for the recovery of real property prescribed..... 90. Within twenty years upon judgment or decree. Upon a sealed instrument.... 91. Within six years.. 94. Within one year........ 95. When cause of action accrues in an action upon a current account.... 98. Actions by the people, subject to the same limitations.. .... .... ...... 398, 399 Section. 102. Provision, when person entitled dies before limitation expires.. ........ 391, 403 404 405 406 408 .... Provision relating to death of party liable...... 103. In suits by aliens, time of war to be deducted. 104. Provision when judgment has been reversed... 105. Time of stay of action by injunction or statutory prohibition to be deducted............ 106. Disability must exist when right of action accrued......................... ...... 393 107. Where two or more disabilities, limitation does not attach until all are removed.. 409 108. Limitations not applicable to bills, etc., of corporations, or to bank notes......... 109. Limitations not applicable to directors or stockholders of moneyed corporations or banking associations; limitations in such cases prescribed............... 110. Acknowledgment or new promise must be in writing... 394 395 449 113. Executor or trustee may sue without the person beneficially interested.... 114. When married woman is party, her husband to be joined in action, except, etc.... 450 115. Infants to appear in actions by guardian............ 116. Guardians, how appointed..... 119. Those who are united in interest must be joined as plaintiffs or defendants...... 120. Persons severally liable on the same obligation or instrument may all or any of them be joined in the same action at option of plaintiff........... 121. Action, when not to abate by death, marriage or other disability, etc.; proceedings in such case............... 755, 756, 757, 761, 764, 1298, 1376 122. Court, when to decide controversy, or to order the parties to be brought in.. 452, 820 123. Certain actions to be tried where the subject or some part thereof is situated.... ....... 982, 983, 987 124. Other actions to be tried where the cause or some part thereof arose.........983, 987 125. Other actions, according to the residence of the parties. 984 . 126. Actions, in what county triable................. 127. Actions how commenced. 128. Summons, requisites of................ 129. Notice to be inserted in the summons, in certain actions. ...... 131. Defendant nnreasonably defending, when to pay costs.... 133. Summons, by whom served..................... 134. Summons, how served and returned.. ...... .... .... 135. Publication of, when defendant cannot be found......................... 136. Proceedings, when there are several defendants, and part, only, served. 137. When service deemed complete in case of publication 138. Service of summons, how proved ... 145. Demurrer must specify grounds of objection to complaint............. 146. Proceeding, if complaint be amended............ 147. Objection not appearing in complaint may be taken by answer... 148. Objections, when deemed waived........ 149. Answer, what to contain..... 150. May set forth as many grounds of defense as exist..... 151. Demurrer as to some causes of action, and answer as to others... 154. When defendant may move for judgment upon an answer 155. Demurrer to reply..... ............ ...... .... ...... .... 167. What causes of action may be joined in the same action...... 168. Allegations not denied, when to be deemed true.,. 169. Material variances, how provided for................... ........ 538 ... .... 494, 514, 516 ...... .... .... 172. Amendments of course. 170. Immaterial variances, how provided for. 171. What to be deemed a variance.... 173. Amendments by the court... 174. Amendment after demurrer. 175. Suing a party by a fictitious name, when allowed.... ........ 176. No error or defect to be regarded, unless it affects substantial rights.. 177. Supplemental complaint, answer and reply.... 451 721, 723 544 178. No person to be arrested, except as prescribed by this act. 179. Cases in which defendant may be arrested................... 181. Affidavit to obtain order; to what actions this chapter applicable..... 182. Security by plaintiff before order for arrest.. 183. Order, when made, and its form .... 184. Affidavit and order to be delivered to sheriff, and copy to defendants 185. Arrest, how made..... 186. Defendant to be discharged on bail or deposit.... 557 ........ 559, 812 ...551, 558, 561, 566, 567 ........... 562 ................ 104, 563 192. Delivery of undertaking to plaintiff, and its acceptance or rejection by him...... 193. Notice of justification; new undertaking of other bail.... 577 578 ......... 194. Qualifications of bail........... 195-196. Justification and allowance of bail.... 198. Payment of money into court by sheriff.. 201. Sheriff when liable as bail, and his discharge from liability. ...... .... 204. Motion to vacate order of arrest, or reduce bail 205. Affidavits on motion.... 218. Writ of injunction abolished, and order substituted.... 589 222. Security upon injunction; damages.how ascertained 225. Motion to vacate or modify injunction ...... 226. Affidavits on motion. ...... ...... Section. 603, 604 607, 608, 610 ........ ........ 227. Property of foreign corporations and of non-resident, or absconding or concealed defendants, may be attached..... ....... 233. Proceedings in case of perishable property or vessels ..... .......... ...... .... ........ ...... ..... .... ..... 627 .... 638 636, 637, 639 640 641 ... .644, 655, 674 238. When action to recover notes, etc., of defendant may be prosecuted by plaintiff in the action in which the attachment issued.............. 239. Bond to sheriff on attachment, property or bond, how disposed of, on judgment for defendant ...... 709, 710 240. Discharge of attachment and return of property, or its proceeds, to defendant on his appearance in action...... ....687, 689, 241. Undertaking on the part of the defendant...... ...... 682, 683, 686, 688, 689, 690, 242. When sheriff to return warrant and proceedings thereon.... 244. Powers of court as to receivers, deposit of money, etc., in court, and other provisional remedies..... 246. Judgment on failure of defendant to answer, 512, 1212, 1213, 1214, 1215, 1216, 1217, 251. On issues of both law and fact, the issue of law to be first tried..... 252. Trial, what..... .............. 253. Issue of fact to be tried by jury, unless waived or reference ordered. 254. Other issues to be tried by the court...... .... ..... 537 963 964 964 255. All issues to be tried before a single judge...... 256. Either party may give notice of trial; note of issue, provisions as to stenographer, 83, 86, 251, 252, 253, 262, 289, 290, 977 980 .... 257. Order of disposing of issues on the calendar...... 260. General and special verdicts, defined...... 262. On special finding, with general verdict, former to control....... 263. In action for the recovery of money only, jury to assess damages... 264. Entry of verdict......... 265. Judgment when to be entered................ ...... 503, 504, 1183 995, 997, 999, 1189 1000, 1002, 1185, 1233, 1234, 1339 |