221. Notice, when required; temporary injunction.... 222. Security upon injunction; damages how ascertained 223. Order to show cause why injunction should not be granted.. 227. Property of foreign corporations and of non-resident, or absconding or concealed .... .... ............ ........ ...... .......677–680 233. Proceedings in case of perishable property or vessels 234. Interest in corporations or associations liable to attachment..... 235. Attachment, how executed on property incapable of manual delivery 236. Certificate of defendant's interest to be furnished by corporation..... 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 240. Discharge of attachment and return of property, or its proceeds, to defendant on 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 pro- 511, 713, 717, 718 ..... 1200 .... ...... ...... ...... 253. Issue of fact to be tried by jury, unless waived or reference ordered. 254. Other issues to be tried by the court.. 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, 258. Either party may bring issue to trial..... 259. Plaintiff to furnish court with copy summons, pleadings, etc........ ....... 262. On special finding, with general verdict, former to control..... 253. In action for the recovery of money only, jury to assess damages... .... 503, 504, 1183 1000, 1002, 1185, 1233, 1234, 1339 267. On trial by the court, judgment to be given in twenty days..... 1010, 1021, 1022, 1228 268. Exceptions how and when taken.. 994, 997, 1001, 1337, 1338 ...... ....... 1222, 1223 1011 1013, 1015 271. When reference may be compulsorily ordered. 273. Referees how chosen...... .... 1022, 1226, 1228, 1337, 1338 1011, 1012, 1019, 1024, 1025 274. Judgment may be for or against any of the parties............ 821, 822, 1204; 1205, 1206 275. The relief to be awarded to the plaintiff.... 1207 282. Judgment, in what cases and how to be docketted and lien thereof, 1246, 1247, 1251, 1252, 1255, 1256, 1257, 1258, 1259, 1272 283. Execution within five years, of course........ 284. After five years, to be issued only by leave of court; execution on judgments of justices' or other inferior courts .... .... 288. Executions against the person; in what cases and when.... 289. Form of the execution...... 290. To be returnable in sixty days.. 291. 1366 310. Interest on verdict or report, when allowed................... 323. Writs of error abolished, and appeals substituted.... 1235 1293 324. Orders made out of court, how vacated or modified.... 325. Who may appeal.................. 329. Intermediate orders affecting the judgment, may be reviewed on the appeal..... 1316 330. Judgment on appeal.......... 335. On judgment for money, security to stay execution.. 336. If judgment be to deliver documents, they must be deposited.... 337. If to execute conveyance, it must be executed and deposited... 338. Security where judgment is to deliver property, or for a sale of mortgaged premises, 1331 339. Stay of proceedings upon security given... 340. Undertakings may be in one instrument or several...... 341. Security to be approved and sureties to justify. 342. Perishable property may be sold notwithstanding appeal.......... 343. Undertaking must be filed....... ....... 344. Appeal to the supreme court from an inferior court; in what cases ....1340, 1342, 1357 345. Security must be given as upon appeal to the court of appeals.... 348. Appeals from circuits and special terms to same court in general term; security ... on appeal....... 349. Orders by a single judge may be appealed from in certain cases............... 350. Orders at chambers, to be entered before appeal.. 372. Controversy, how submitted without action .........1309, 1346, 1351, 1352, 1355 .... ... 373. Judgment on, as in other cases, but without costs.... 374. Judgment may be enforced, or appealed from, as in an action. 384. Filing same, and entering judgment.. .......... ...... .... ...... 1347, 1349 1304, 1348, 1351 .... 1279, 1281 385. Defendant may serve offer to compromise, and the proceedings thereon............ 738, 739 386. Defendant may offer to liquidate damages conditionally. 387. Effect of acceptance or refusal of offer.. 388. Admission or inspection of writing. 389. 390. A party may examine his adversary as a witness on the trial..... 391. Such examination also allowed before trial; proceedings therefor.. 392. Party, how compelled to attend........ 393. Testimony of party may be rebutted... 394. Effect of refusal to testify.... 395. 838 853 396. Persons for whom action is brought or defended may be examined.... 397. Examination of co-plaintiff or co-defendant.... .......... 401. Definition of a motion; motions, how and where made..... 720, 768, 769, 770, 772, 402. When notice is necessary, it must be eight days before hearing... 404. In absence of judge at chambers, motion may be transferred by him to another judge...... 405. Enlarging time for proceedings in an action.. 406. Affidavits defectively entitled, valid. 408, 409. Notices and other papers, how served on party or attorney. 410, 411. When and how served by mail............. 412. Double time when served by mail..... 413. Eight days notice of motion, etc., before court or judge, when personally served, 780 414. When papers need not be served on defendant............. 415. Service of papers when party resides out of the state. 416. Summons and pleadings to be filed within ten days after service.... 418. This chapter not to apply to summons or process, or to papers to bring party into contempt...... 419. Duty of sheriff and coroner in serving or executing process, and how enforced..103, 172 ...... 802 .... 771 781, 782, 784 728 .... .... 788 .796, 797 797 REPEALING ACT. CHAPTER 417 OF 1877. REVISED STATUTES. The following provisions of the Revised Statutes are repealed: PART 1, Ch. 5, tit. 4, §§ 24, 25, 26, 27. PART 2, Ch. 1, tit. 5, §§ 5, 6. Ch. 3, §§ 16, 17, 27. Ch. 5, tit. 1, art. 1, all. Ch. 5, tit. 1, art. 6, § 17, the concluding portion beginning “but whenever any person shall have remained charged.” PART 3, Ch. 1, tit. 1, art. 3, all. Ch. 1, tit. 2, all, except §§ 38, 39, 43, 45, and articles 6 and 7 of that title. Ch. 1, tit. 3, all. Ch. 1, tit. 4, §§ 1 to 27, both inclusive, and § 45. Ch. 1, tit. 5, all except §§ 4, 5, 6, 7, 21, 24, 25, 27, 28 and 29 thereof, and so much of §§ 11 and 14 thereof as relates to criminal courts. Ch. 2, tit. 4, gỗ 245, 246, 247, 248. Ch. 3, all, except tit. 1, § 14, and except tit. 2, §§ 40, 41, 44, 45, 48 and 54 to 61, both inclusive. PART 3, Ch. 5, tit. 5, §§ 22 to 29 both inclusive. Ch. 6, all, except tit. 2, §§ 12, 13; and except tit. 4, § 14, and except tit. 6, arts. 1 and 2. Ch. 7, all, except tit. 2, §§ 15, 16, and except tit. 3, §§ 63 to 70 both inclusive, and §§ 74, 75, 76. Ch. 8, tit. 1, all. Ch. 8, tit. 2, all. Ch. 8, tit. 3, f 8. Ch. 8, tit. 4, art. 1, all, except §§ 1, 2, 3, 12, 13, 14, 15. Chap. 8, tit. 6, so much of §§ 16 to 21 thereof, both inclusive, as relates to petit jurors, and §§ 37 to 42, both inclusive. Ch. 8, title 13, § 1. Ch. 8, tit. 17, all, except §§ 1, 13, 14, 15, 27, 28, 29, 30, 32, 35 Ch. 9, tit. 3, all, except § 66, and except so much of art. 3 as applies to appeals from surrogates' courts. |