251. On issues of both law and fact, the issue of law to 252. Trial what, 253. Issue of fact to be tried by jury, unless waived or 254. Other issues to be tried by the court, 255. All issues to be tried before a single judge, Page. 256. Either party may give notice of trial. Note of issue, 71 257. Order of disposing of issues on the calendar, TRIAL BY JURY, CHAPTER III. Section 258. Either party may bring issue to trial,. 259. Plaintiff to furnish court with copy summons, 260. General and special verdicts defined, 262. On special finding, with general verdict, former to 263. In actions for recovery of money only, jury to 264. Entry of verdict, . 265. Judgment when to be entered, TRIAL BY THE COURT, CHAPTER IV. Section 266. Trial by jury how waived,. 267. On trial by the court, judgment to be given in twenty days,... 268. Exceptions, how and when taken, 269. Proceedings upon judgment on issue of law, TRIAL BY REFEREES,. CHAPTER V. Section 270. All issues referable by consent, 271. When reference may be compulsorily ordered, CHAPTER VI. MANNER OF ENTERING JUDGMENT, 72 73 74 74 74 74 75 75 .... 77 77 Section 274. Judgment may be for or against any of the parties, 77 275. The relief to be awarded to the plaintiff, 276. Rate of damages, where damages are recoverable, 78 277. Judgment in action for recovery of personal property, Section 278. Judgment upon issue of law or of fact, to be upon direction of a single judge, or on report of referees, subject to review at general term, 279. Clerk to keep a judgment book, 280. Judgment to be entered in judgment book, ... Page. 282. Judgment, in what cases and how to be docketed, 79 TITLE IX. OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS, II. Proceedings supplementary to the execution,. THE EXECUTION, CHAPTER I. Section 283. Execution within five years, of course, as pre- 284. After five years, to be issued only by leave of judgment of justices' or other inferior courts 80 83 80 80 Execution on 80 285. Other judgments, how enforced, 81 286. The different kinds of execution, 81 287. To what counties execution may be issued, 81 288. Execution against the person, in what cases, and 290. To be returnable in sixty days, 291. Existing laws relating to execution continued, CHAPTER II. PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION,. Section 292. When execution returned unsatisfied, order for dis covery of property allowed. Also when judg ment debtor refuses to apply property to satisfy judgment. Manner of proceeding to examine judgment debtor, 293. Any debtor may pay execution against his creditor, those having property belonging to him,. 295. Witness required to testify, 83 84 85 85 296. Compelling party or witnesses to attend. Exam- 85 .... 297. Judge may order property to be applied on execution,. 85 298. Judge may appoint receiver, and prohibit transfer, 85 299. Proceedings upon claim of another party to TITLE X. OF THE COSTS OF CIVIL ACTIONS, Section 303. Fee bill abolished. costs, .. Allowances given, termed 304. When allowed, of course, to plaintiff, 305. When allowed to defendant,. 306. When allowed to either party in the discretion of the court,..... 307. Amount of costs allowed, 308. Allowance, in addition, of a percentage on the recovery or claim, .. 309. Percentage, how computed, 310. Interest on verdict or report, when allowed,. 312. Clerk's fees,.. 313. Referee's fees, 314. Costs on postponement of trial, 315. Costs on a motion, 316. Costs against infant plaintiff, 317. Costs.in an action by or against an executor or ad- 318. Costs on review of a decision of an inferior court, 319, 320. Costs in actions by the people, 321. Costs against assignee of cause of action after 322. Costs on a settlement, 92 93 93 TITLE XI. OF APPEALS IN CIVIL ACTIONS, 93 93 95 CHAPTER I. Appeals in general, II. Appeals to the court of appeals, III. Appeals to the supreme court from an inferior court 98 of New York, from a single judge to the gen- V. Appeal to the court of common pleas for the city APPEALS IN GENERAL, Section 323. Writs of error abolished and appeals substituted, 324. Orders made out of court, how vacated or modified, 94 325. Who may appeal, Section 331. Certain appeals to be within two years, 332. Other appeals within thirty days,.. CHAPTER II. APPEALS TO THE COURT OF APPEALS, Section 333. In what cases, ... 334. On any appeal security must be given to pay costs and damages, not exceeding $250, or deposit made, unless waived,.. 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, for a sale of mortgaged premises.. 339. Stay of proceedings upon security given 340. Undertakings may be in one instrument, or several, 9 341. Security to be approved and to justify, 342. Perishable property may be sold, notwithstanding appeal,.. 343. Undertaking must be filed, CHAPTER III. APPEAL TO THE SUPREME COURT FROM AN INFERIOR COURT, . Section 344. In what cases, 345. Security must be given as upon appeal to the court of appeals, . 346. Appeal, where heard,. 9 9 9 888 347. Judgment on appeal, where entered and docketed, 99 CHAPTER IV. APPEALS IN THE SUPREME COURT, AND THE SUPERIOR COURT AND COURT 99 Section 348. Appeals from circuits and special terms to same court in general term. Security on appeal,.... 99 349. Orders by a single judge, may be appealed from in certain cases, 99 350. Orders at chambers to be entered before appeal,.. 100 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,.... 100 Section 351. Existing laws repealed, and this chapter substi tuted, 352. By what courts judgments to be reviewed, 101 101 101 354. Copy affidavit and notice of appeal to be served, 101 355. Security to stay execution, 103 356. Form of undertaking,. 103 357. Execution, how stayed, 103 358. In case of death of justice, undertaking to be filed, 103 359. Counter affidavits allowed, and when and how served, 103 Page. 104 Section 360. Return when and how made, and compelled,.... 103 363. If justice be dead, insane or absent from State, 364. Hearing, upon return. Dismissing appeal, if not 365. To be heard on original papers, 366. Judgment, how given, 367. Judgment roll,.. 368. Costs, how awarded,. 104 104 104 104 104 106 106 106 106 106 371. The costs on appeal,. TITLE XII. OF THE MISCELLANEOUS PROCEEDINGS IN CIVIL ACTIONS, AND GENERAL PROVISIONS, 107 CHAPTER I. Submitting a controversy, without action, ... 107 II. Proceedings against joint debtors, heirs, legatees, devisees, and tenants holding under a judgment debtor, III. Confession of judgment without action, XI. Notices, and filing and service of papers, 373. Judgment on, as in other cases, but without costs, 107 374. Judgment may be enforced, or appealed from, as PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, DEVISEES, LEGATEES AND 108 . 107 .... 107 CHAPTER II. TENANTS HOLDING UNDER A JUDGMENT DEBTOR, . 108 Section 375. Parties not summoned in action on joint contract |