DIAMOND EDITION.

New York color

THE

Code of Procedure

OF THE

STATE OF NEW YORK,

1870,

WITH ART. VI OF THE CONSTITUTION,

J

AND A FULL'INDEX.

NEW YORK:

DIOSSY & COMPANY,

LAW BOOK PUBLISHERS.

1870.

THE

CODE OF PROCEDURE.

As Amended to 1870.

AN ACT to amend the act entitled "An act to Simplify and Abridge the Practice, Pleadings, and Proceedings of the Courts of this state," passed April 12, 1848.

Passed April 11, 1819.

The act entitled "An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this state," passed April 12, 1848, is hereby amended so as to read as follows:

AN ACT to Simplify and Abridge the Practice, Pleadings and Proceedings of the courts of this state. WHEREAS, it is expedient that the present forms of actions and pleadings-in cases a common law should be abolished, that, hoistinction between legal and equitable remedies should no longer continue, and that ar fora course of proceeding, in all cases, should be established; Therefore, The People of the State of New York, represented in Senate and Assembly, do enact as follows:

General Definitions and Divisions.

1. Remedies in the courts of justice are divided into,

1. Actions.

2. Special proceedings.

2. An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party

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