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, 115-120. CHAPTER I. Appeals in general, 108. SECTION 323. Writs of error abolished, and appeals substituted, 108. 324. Orders made out of court, how vacated or modified, 108. 325. Who may appeal, 108. 326. Parties how designated on appeal, 108, 327. Appeal how made, 108. 328. Clerk to transmit papers to appellate court, 109. 329. Intermediate orders affecting the judgment, may be reviewed on the appeal, 109. 330. Judgment on appeal, 109. 331. Certain appeals to be within two years, 109. 332. Other appeals within thirty days, 109. CHAPTER II. Appeals to the Court of Appeals, 110–113. SECTION 333. In what cases, 110. 334. On any appeal security must be given to pay costs and damages, not exceeding $250, or deposit made, unless waived, 110. 835. On judgment for money, security to stay execution, 110. 336. If judgment be to deliver documents, they must be deposited, 110. 337. If to execute conveyance, it must be executed and deposited, 111. 338. Security where judgment is to deliver property, for a sale of mortgaged premises, 111. 339. Stay of proceedings upon security given, 111. 340. Undertakings may be in one instrument, or several, 112. 341. Security to be approved and to justify,112.. 342. Perishable property may be sold, notwithstanding appeal, 112. 343. Undertaking must be filed, 113. CHAPTER III. . Appeal to the Supreme Court from an inferior court, 113-114. SECTION 344. In what cases, 113.. 345. Security must be given as upon appeal to the court of ap peals, 113. 846. Appeal, where heard, 113. 347. Judgment on appeal, where entered and docketed, 113. 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, 114-115. SECTION 348. Appeals from circuits and special terms to same court in general term. Security on appeal, 114. SECTION 349. Orders by a single judge, may be appealed from in certain cases, 114. 350. Orders at chambers to be entered before appeal, 115. 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, 115–120. SECTION 351. Existing laws repealed, and this chapter substituted, 115. 352. By what courts judgments to be reviewed, 116. 353. Appellant to make affidavit, 116. 354. Copy affidavit and notice of appeal to be served, 116. 356. Form of undertaking, 117. 357. Execution, how stayed, 117. 358. In case of death of justice, undertaking to be filed, 117. 359. Counter affidavits allowed, and when and how served, 117. 360. Return when and how made, and compelled, 117. 361. How made if justice be out of office, 118. 362. Further return may be ordered, 118. 363. If justice be dead, insane or absent from State, witnesses to be examined. If in another county, return may be compelled, 118. 864. Heating, upon return. Dismissing appeal, if not brought on, 1-18. 365. To be heard on original papers, 118. 366. Judgment, how given, 118. 367. Judgment roll, 119. 368. Costs, how awarded, 119. 369. Ordering restitution, 119. 370. Setting off costs and recovery, 119. 371. The costs on appeal, 119. TITLE XII. Of the miscellaneous proceedings in civil actions, and general provisions, 120-134. CHAPTER I. Submitting a controversy, without action, 120-121. II. Proceedings against joint debtors, heirs, legatees, devisees, and tenants holding under a judgment debtor, 121–122. III. Confession of judgment without action, 123-124. IV. Offers of the defendant, to compromise the whole or a part of the action, 124-125. V. Admission or inspection of writings, 125. VI. Examination of parties, 126-127. VII. Examination of witnesses, 128. VIII. Motions and orders, 128-129. IX. Entitling affidavits, 130. X. Computation of time, 130. XI. Notices, and filing and service of papers, 130–132. XIII. Accountability of guardians, 133. XIV. Powers of referees, 133. XV. Miscellaneous provisions, 133-134. CHAPTER I. Submitting a controversy without action, 120-134. SECTION 372. Controversy how submitted without action, 120. 373. Judgment on, as in other cases, but without costs, 121. 374. Judgment may be enforced, or appealed from, as in an action, 121. CHAPTER II. Proceedings against joint debtors, heirs, devisees, legatees and tenants holding under a judgment debtor, 120-121. SECTION 375. Parties not summoned in action on joint contract, may be summoned after judgment, 121. 376. If judgment debtor die, his representatives may be sum moned, 121. 377. Form of summons, 122. 378. To be accompanied by affidavit of amount due, 122. 379. Party summoned may answer and defend, 122. 380. Subsequent pleadings and proceedings same as in an action, 122. 381. Answer and reply to be verified as in an action, 122. CHAPTER III. Confession of Judgment, without Action, 123–124. SECTION 382. Judgment may be confessed for debt due or contingent lisbility, 123. 383. Statement in writing, and form thereof, 123. Offers of the defendant to compromise the whole or a part of the action, 124-125. SECTION 385. Defendant may serve offer to compromise and the proceedings thereon, 124. 386. Defendant may offer to liquidate damages conditionally, 124. 387. Effect of acceptance or refusal of offer, 125. CHAPTER V. Admission or inspection of writings, 125. SECTION 388. 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, 125. CHAPTER VI. Examination of parties, 126-127. SECTION 389. Actions for discovery, abolished, 126. 390. A party may examine his adversary as a witness, on the trial, 126. CONTENTS. SECTION 391. Such examination also allowed before trial. Proceedings therefor, 126. 392. Party how compelled to attend, 126. 393. Testimony of party may be rebutted, 127. 394. Effect of refusal to testify, 127. 395. Testimony by a party not responsive to the inquiries, may be 396. Persons for whom action is brought or defended, may be 397. Examinations of co-plaintiff or co-defendant, 127. CHAPTER VII. Examination of witnesses, 128. SECTION 398. No witness to be excluded by reason of interest, 128. 399. To whom last section inapplicable, 128. CHAPTER VIII. Motions and orders, 128-130. SECTION 400. Definition of an order, 128. 401. Definition of a motion. Motions how and where made, 128. 403. In actions in supreme court, county judge may act at cham- 404. In absence of judge at chambers, motion may be transferred 405. Enlarging time for proceedings in an action, 129. CHAPTER IX. Entitling affidavits, 130. SECTION 406. Affidavits defectively entitled valid, 130. CHAPTER X. Computation of time, 130. SECTION 407. Time, how computed, 130. CHAPTER XI. Notices, and filing and service of papers, 130-132. SECTION 408. Į Notices and other papers, how served on party or attor. 409. ney, 130. 410.) When and how served by mail, 131. 411. S 412. Double time when served by mail, 131. 413. Eight days notice of motion, &c., before court or judge when 414. Where papers need not be served on defendant, 131. 415. Service of papers where party resides out of the State. 132. service, 182. 417. Service, where party appears by attorney, 132. 418. This chapter not to apply to summons or process, or to pa- 169 CHAPTER XII. Duties of sheriffs and coroners, 132. SECTION 419. Duty of sheriff and coroner in serving or executing process, and how enforced, 132. CHAPTER XIII. Accountability of guardians, 133. SECTION 420. Guardian not to receive property until security given, 133. CHAPTER XIV. SECTION 421. Referees authorized to administer oaths and to exercise powers now vested in referees by law, 133. CHAPTER XV. Miscellaneous provisions, 133-134. SECTION 422. Papers lost or withheld, how supplied, 133. 423. Where undertakings to be filed, 133. 424. Judgment on bondt and warrant of attorney, excuted before 425. Time for publication of notices, how computed, 134. 426. Laws of other states and other governments, how proved, 134. TITLE XIII. Actions in particular cases, 134-142. CHAPTER I. Actions against foreign corporations. 134-135. II. Actions in place of scire facias, quo warranto, and of informations in the nature of quo warranto; 135–140. III. Actions for the partition of real property, 141. IV. Actions to determine conflicting claims to real property, and for waste and nuisance, 141–142. V. General provisions relating to actions concerning real proper. ty, 142. CHAPTER I. Actions against Foreign Corporations, 134–135. SECTION 427. Where and by whom brought, 134. CHAPTER II. Actions in place of scire facias, quo warranto, and of informations in the nature of quo warranto, 135-140. SECTION 428. Scire facias, and quo warranto abolished and this chapter substituted, 185. 429. Action may be brought by attorney-general to vacate a charter, by direction of legislature, 136. 430. Action to annul a corporation, when and how brought by attorney-general, by leave of supreme court, 136. 431. Leave, how obtained, 137. 432. Action upon information or complaint, of course, 137. |