The Code of Civil Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings

Weed, Parsons, and Company, public printers, 1850 - Civil procedure - 791 pages

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Title Page

Table of Contents

PRELIMINARY PROVISIONS	3

cedure of the State of New York	4

declared	10

ries	11

Definition of a civil action	12

The courts of justice in general	15

The Court for the trial of impeachments	18

CHAPTER IV	27

Insare persons share	407

Slate may be party	408

CHAPTER V	409

Ten per cent ieterest on bank bills not paid	410

Injunction to restrain corporation	411

Who may make application	412

legatees heirs and devisees	416

Defence that there are debts of a prior class	423

Business of the general terms	32

The superior court of the city of New York	39

45 Division of the state into eight judicial districts	45

The court of common pleas of the city of	47

The county courts	55

Jndge holding circuit to hold a special term	56

Extraordinary general and special terms	62

ARTICLE II	63

Means to be used by court or judicial officer	76

The justices courts of the cities of Albany Hudson and Troy	78

County jails the keeping of prisoners therein and the pro	81

CHAPTER XVI	85

Courts not to be open on certain days except	89

Powers of county judge in cases of supreme	97

Particular disqualifications of judicial officers	98

CHAPTER VI	103

circuits 39	108

a SECTION 247 Definition of a trial jury	109

ARTICLE II	110

cer	111

Who may be excused	112

ARTICLE III	113

of drawn grand jurors	114

Grand jury to be drawn from names depo sited How drawn for a city court	115

Misdescription of court not to invalidate order	116

Drawing how conducted	117

Panel to be delivered to sheriff	118

Penalty on grand jurors for nonattendance	119

Manner of returning the trial jury list except	121

ARTICLE VII	130

ARTICLE X	135

CHAPTER IV	141

District attorneys	152

Actions on official securities and for fines	153

The clerks of the courts of justice in general	157

ARTICLE IV	163

supreme court to another	164

He is the chief executive officer and conserva	165

County jails the keeping of prisoners therein	172

Jail liberties and the admission of prisoners thereto	181

Execution and return of process by former	187

Miscellaneous provisions respecting sheriffs	190

Coroners	192

Duties of coroners when the sheriff is a party	194

CHAPTER III	196

CHAPTER I	201

Duties of attorneys and counsellors	204

The attorney general 142	212

ARTICLE VII	213

By whom proceedings may be instituted	215

ARTICLE I	219

CHAPTER III	221

Guardians	222

CIVIL CODE	225

Occupation under written instrument or judg	227

CHAPTER III	233

Resignation of attorneys and counsellors and the effect	237

Plaintiff may sue in one action the different	242

TITLE V	254

Proceedings when there are several defend	260

CHAPTER I	262

Counterclaim precludes another action for	264

CHAPTER V	271

No error or defect to le regarded unless it af fect substantial rights	282

TITLE VII	283

Cases in which defendant may be arrested	284

Order for arrest by whom made	285

Order when made and its form 680 Affidavit and order to be delivered to sheriff and copy to defendant	286

Defendant to be discharged on bail or deposit	287

Bail how proceeded against	288

Delivery of undertaking to plaintifi and its ac ceptance or rejection by him	289

Justification and allowance of bail	290

Deposit of money with sheriff	291

Resignation how made and its effect	297

Security upon injunction to suspend business	298

of corporation	301

Affidavits on motion	302

227	303

Order to whom directed and what to require	304

Certificate of defendants interest to be fur nished by corporation	305

Proceeding in cases of perishable property	306

Defence in action on the security	307

Action to recover debts attached may be prose cuted by plaintiff	309

Property may be released upon security	310

Attachment may be vacated on motion	311

Issues and the mode of trial	317

ARTICLE II	324

ARTICLE III	330

Provisions relating to trials in general	334

The manner of giving and entering judgment	340

Of the execution of the judgment in civil actions	347

when	350

Persons arrested on execution to be imprisoned	352

When property is claimed by a third person sheriff may summon jury to try the claim	353

Manner of executing against property	354

Penalty for selling without notice	355

Certificate of sale of real property	356

Redemption may be by payment to purchaser	357

The evidence of the lien must be produced	358

CHAPTER II	362

TITLE X	368

TITLE XI	378

CHAPTER II	384

Actions for nuisance waste trespass on indian lands and wil ful trespass on other real property	386

Damages for wilfully cutting trees	388

Trespass on Indian lands	389

CHAPTER IV	390

Action for partition of real property allowed	391

To whom summons is addressed	392

Unknown owners made parties	393

Manner of making partition	394

Tenants in dower c not affected	395

When part only is sold life estate	396

Notice to creditors to make proof	397

Proceeds of sale how applied	398

Manner of litigating as to claims	399

Separate securities allowed	400

Sum in gross allowed for dower c	401

Unknown tenants in dower c	402

Dower how released	403

Report when confirmed	404

Proceeds when invested	405

Clerk to collect interest	406

CHAPTER VIII	432

Actions against same official persons	433

For acts of their own or their predecessors	434

Treasurers must pay judgment against county	435

Judgments against town officers how paid	436

Papers directed to prisoner by whom	437

In what cases action may be brought	438

Leave to be first obtained from court	439

Action to vacate patents for lands	440

When for usurping an office and receiving fees defendant may be arrested	441

Punishment for refusing to deliver books	442

Judgments in actions under this chapter	443

Injunction and receiver allowed	444

Actions in justices courts	445

Complaint may be served with summons	451

Disposition of property when attached	457

Pleadings and trial	459

May be oral or written	460

An action upon note or account what suffi cient	461

Variance when aisregarded	462

Answer to be in writing when title to lands come in question	463

When title lo land arises causes to be dis missed	464

In what cases adjournment a llowed	465

Security taken by a constable ils avails	466

Length of adjournment and proof required	467

Proceedings when jury is demanded	468

Six jurors to be drawn for trial	469

Adjournment after jury summoned not al lowed unless fees are paid	470

Judgment and execution	471

ARTICLE IV	480

TITLE XII	493

Appeals to the supreme court from an inferior court	501

Must prepare and transmit blank forms	504

provisions	512

Admission or inspection of writings	516

CHAPTER 1	522

General provisions	523

Successive actions on same contract	524

Jurisdiction of court over corporations	525

Action barred by limitation in another state barred in this	526

Register of actions to be kept by clerk	527

Counsel to speak only an hour without leave	528

All existing rights of action prosecuted as	529

PART III	531

The courts of justice in general 15	532

Its extent	536

If return defective how return ordered	537

edy	538

When peremptory writ allowed	539

Issues when tried	540

CHAPTER IV	541

Damages paid out of treasury	543

Owners may apply therefor	544

CIVIL CODE	545

deliverance from imprisonment	546

To whom application made	547

What application to state	548

Writ to be granted without delay	549

Writ may be made returnable before another officer	550

Contents of return	551

Person to be produced	552

If sheriff neglect warrant to issue to coroner	553

Party to be remanded in what cases	554

Legality of certain order and process not in quired into	555

Until judgment given party how kept	556

Return may be controverted	557

Judgment of discharge if imprisonment illegal	558

When the people will not sue	559

Person once discharged cannot be again	560

off warrant to issue	561

For refusing a copy of order forfeiture of 200	562

Writ how served	563

Charges of bringing up prisoner may be or dered to be paid	564

CHAPTER VI	565

Undertaking to be executed	566

Of summary prodeedings	567

paid	577

Summary proceedings for obtaining possession of real proper	592

Of the enforcement of liens	600

Liens on vessels	606

Distress defined	610

four hours	611

Disposition of beasts when impounded	612

Other property and if there be no pound beasts when distrained to be kept by the distrainer	613

Notice to be served on the owner of known	614

Security may be required before surplus or dered paid to the claimant	615

Of the punishment of contempts	617

What courts and judicial officers may punish	619

If party imprisoned he may be brought up	620

Warrant to be returned	621

Indemnity to party injured also required	622

Of assessments	624

CHAPTER II	630

Of the voluntary dissolution of corporations	633

Of proceedings in the courts of conciliation	641

Party not appearing cannot recover costs	645

Of arbitrations	647

Proceedings in cases of insanity and habitual	656

Surrogate to ascertain and limit amount	662

Proceedings of insolvent to discharge himself from his debts	670

Of miscellaneous proccedings and general provisions	681

The collection and remission of fines and forfeitures	687

Several degrees of evidence specified	692

Money deposited how applied or disposed	696

Direct evidence defined	699

Partial evidence defined	700

General divisions and arrangement	701

of the general principles of evidence	702

fected	703

Declarations which are part of the transac tion	704

Contents of writing how proved	705

An agreement reduced to writing deemed the whole	706

The intention of the legislature or parties	707

Of the kinds and degrees of evidence	713

ARTICLE 1	739

Judgment in general 313	749

charge	757

Judgment upon failure to answer 315	769

ous and general provisions	781

Whoever pays entitled to receipt	782

CHAPTER I	784

District attorneys 152

Common terms and phrases

action affect allowed Amended Code amount answer appeals application appointed arrest attend attorney brought cause CHAPTER charge circuits city of New-York civil action claim clerk commenced committed common conferred constitution contained continued copy corporation costs county clerk criminal defendant delivered designated determination direct district drawing drawn duties elected entered evidence execution exercise fact filed give given grand jury hearing held holding interest issue jail judge judgment judicial officer jurisdiction jurors jury jury list justice keep last section manner ment mentioned necessary notice party pending person plaintiff powers prescribed present prisoner proceed proceedings question real property reason receive referees removed rendered reside respect served sessions sheriff special terms statutes summons supreme court taken term therein thereof tion trial trial jury unless York

Popular passages

Page 267 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. � 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action...

Appears in 585 books from 1830-2007

Page 250 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.

Appears in 568 books from 1830-2002

Page 304 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.

Appears in 338 books from 1848-2006

Page 249 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...

Appears in 325 books from 1777-2004

Page 706 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.

Appears in 228 books from 1850-2007

Page 386 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...

Appears in 470 books from 1850-2007

Page 706 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except in the following cases : 1.

Appears in 181 books from 1850-1999

Page 4 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.

Appears in 381 books from 1848-2006

Page 252 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.

Appears in 288 books from 1850-1998

Page 281 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...

Appears in 394 books from 1777-2004

Bibliographic information

QR code for The Code of Civil Procedure of the State of New York

Title	The Code of Civil Procedure of the State of New York Legal classics library Volume 2 of The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading, New York (State). Commissioners on Practice and Pleading
Authors	New York (State)., New York (State). Commissioners on Practice and Pleadings
Publisher	Weed, Parsons, and Company, public printers, 1850
Length	791 pages

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