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251. On issues of both law and fact, the issue of law to
be first tried,...

252. Trial what,

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,

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,
pleadings, &c.,...

260. General and special verdicts defined,
261. Verdict in action for recovery of specific personal
property, when in action for recovery of money
only, or real property, jury may render either
general or special verdict; and when court may
direct special finding,

262. On special finding, with general verdict, former to
control,

263. In actions for recovery of money only, jury to
assess damages,

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,
272. Report to stand as decision of the court,
273. Referees, how chosen, .

CHAPTER VI.

MANNER OF ENTERING JUDGMENT,

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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,
281. Judgment roll,..

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Page.

282. Judgment, in what cases and how to be docketed, 79

TITLE IX.

OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS,
CHAPTER I. The execution,

II. Proceedings supplementary to the execution,.

THE EXECUTION,

CHAPTER I.

Section 283. Execution within five years, of course, as pre-
scribed by this title,

284. After five years, to be issued only by leave of
court. Leave, how obtained.

judgment of justices' or other inferior courts
when docketed, how issued,

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Execution on

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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

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290. To be returnable in sixty days,

291. Existing laws relating to execution continued,
until otherwise provided,

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,
294. Examination of debtors of judgment debtor or of

those having property belonging to him,.

295. Witness required to testify,

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296. Compelling party or witnesses to attend. Exam-
inations when to be on oath,

85

....

297. Judge may order property to be applied on

execution,.

85

298. Judge may appoint receiver, and prohibit transfer,
&c., of property,

85

299. Proceedings upon claim of another party to
property, or on denial of indebtedness to judg-
ment debtor...

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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,.
311. Costs, how to be inserted in judgment,

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-
ministrator, trustee of an express trust, or a per-
son expressly authorized by statute to sue,

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318. Costs on review of a decision of an inferior court,
in a special proceeding,..

319, 320. Costs in actions by the people,

321. Costs against assignee of cause of action after
action brought,

322. Costs on a settlement,

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TITLE XI.

OF APPEALS IN CIVIL ACTIONS,

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CHAPTER I. Appeals in general,

II. Appeals to the court of appeals,

III. Appeals to the supreme court from an inferior court 98
IV. Appeals in the supreme court, and the superior
court, and the court of common pleas of the city

of New York, from a single judge to the gen-
eral term,..

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,.

APPEALS IN GENERAL,

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Section 323. Writs of error abolished and appeals substituted, 324. Orders made out of court, how vacated or modified, 94 325. Who may appeal,

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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,

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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,

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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

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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,.

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347. Judgment on appeal, where entered and docketed, 99

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,

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,
353. Appellant to make affidavit, ....

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101

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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
361. How made if justice be out of office,.
362. Further return may be ordered,

363. If justice be dead, insane or absent from State,
witnesses to be examined. If in another county,
return may be compelled,....

364. Hearing, upon return. Dismissing appeal, if not
brought on,.

365. To be heard on original papers,

366. Judgment, how given,

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367. Judgment roll,..

368. Costs, how awarded,.

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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,
IV. Offers of the defendant to compromise the whole

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XI. Notices, and filing and service of papers,

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373. Judgment on, as in other cases, but without costs, 107 374. Judgment may be enforced, or appealed from, as

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PROCEEDINGS AGAINST JOINT DEBTORS, HEIRS, DEVISEES, LEGATEES AND

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CHAPTER II.

TENANTS HOLDING UNDER A JUDGMENT DEBTOR, .

108

Section 375. Parties not summoned in action on joint contract

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