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Other provisional remedies; general and miscellaneous
ARTICLE 1. Beceivers.
2. Deposit, delivery, or conveyance of property.
Bo. 713. Beceiver; when appointed.
714. Notice of application, before judgment.
716. Certain receivers may hold real property.
713. [Amended, 1895.] Receiver; when ap-1 pointed. In addition to the cases, where the appointment of a receiver is specially provided for by law, a receiver of property, which is the subject of an action, in the supreme court or a county court, may be appointed by the court, in either of the following cases:
1. Before final judgment, on the application of a party who establishes an apparent right to, or interest in, the property, where it is in the possession of an adverse party, and there is danger that it will be removed beyond the jurisdiction of the court, or lost, materially injured, or destroyed.
2. By or after the final judgment, to carry the judg ment into effect, or to dispose of the property, according to its directions.
3. After final judgment, to preserve the property, during the pendency of an appeal.
The word, "property," as used in this section, in cludes the rents, profits, or other income, and the in. crease, of real or personal property.
In effect Jan. 1, 1896; L. 1895, ch. 946.
Substitute for Co. Proc., § 244, subds. 1, 2, and 5, and the commencement of subd. 3. O'Mahoney v. Belmont, 62 N. Y. 133; Guernsey v. Powers, 9 Hun, 78; Matter of Platt, 52 How. 468; Pugh v. Hurtt, id. 22; Meyer v. Seebald, 11 Abb. N. S. 326, n.; Gurney v. Atlantic, etc., R'y Co., 58 N. Y. 358; White v. Colfax, 33 Ñ. Y. Supr. 297; Brown v. Northrup, 15 Abb. N. S. 333; Young v. Heermans, 5 Hun, 121; Clinch v, Southside R. R. Co.. 4 T. & C. 224; s. c., 1 Hun, 636.
714. [Amended, 1879.] Appointment of receiver; notice of application.— Notice of an application, for the appointment of a receiver, in an action, before judgment therein, must be given to the adverse party, unless he has failed to appear in the action, and the time limited for
his appearance has expired. But where an order has been made, as prescribed in section four hundred and thirty-eight of this act, the court may, in its discretion, appoint a temporary receiver to receive and preserve the property, without notice, or upon a notice given by publication or otherwise, as he thinks proper.
New. See 827, post.
$715. [Amended, 1877.] Security. A receiver, ap pointed in an action or special proceeding, must, before entering upon his duties, execute and file with the proper clerk, a bond to the people, with at least two Bufficient sureties, in a penalty fixed by the court, judge, or referee, making the appointment; conditioned for the faithful discharge of his duties as receiver. And the court; or, where the order was made out of court, the judge making the order, by or pursuant to which the receiver was appointed; or his successor in office; may, at any time, remove the receiver, or direct him to give a new bond, with new sureties, with the like condition. But this section does not apply to a case, where special provision is made by law, for the security to be given by a receiver, or for increasing the same, or for removing a receiver.
New. See post, 23 810-816; also 729-730. Johnson v. Martin, 1 T. & C. 504; Simmons v. Wood, 45 How. 262; Thomp. Pro. Rem. 476.
§ 716. [Amended, 1895.] Certain receivers may hold real property.- A receiver, appointed by or pursuant to an order or a judgment, in an action in the supreme court or a county court, or in a special proceeding for the voluntary dissolution of a corporation, may take and hold real property, upon such trusts and for such purposes as the court directs, subject to the direction of the court, from time to time, respecting the disposition thereof.
In effect Jan. 1, 1896; L. 1895, ch. 946.
DEPOSIT, DELIVERY, OR CONVEYANCE OF PROPERTY.
SEC. 717. Court may order a deposit or delivery of property in cer
718. When sheriff may take and convey, etc., property.
§ 717. [Amended, 1877.] Court may order a 'deposit or delivery of property in certain cases.Where it is admitted, by the pleading or examination of a party, that he has, in his possession or under his con
trol, money, or other personal property capable of deliv ery, which, being the subject of the action or special proceeding, is held by him as trustee for another party, or which belongs or is due to another party, the court may, in its discretion, grant an order, upon notice, that it be paid into, or deposited in court, or delivered to that party, with or without security, subject to the fur. ther direction of the court.
Co. Proc., part of 244, ara'd. See post, 88 743-754: Lane v. Lose 11 How. 260; Burhans v. Casey, 4 Sanaf. 707; Merritt v. Thompson, Abb. 723; 3. c., 10 How. 428; Thomp. Pro. Bem. 557.
§ 718. When sheriff may take and convey, etc, property. Where the court has directed a deposit or delivery, as prescribed in the last section; or where a judgment directs a party to make a deposit or delivery, or to convey real property; if the direction is disobeyed, the court, besides punishing the disobedience as a contempt, may, by order, require the sheriff to take, and deposit or deliver the money or other personal property, or to convey the real property, in conformity with the direction of the court.
Id., 244, the last sentence but one am'd.
GENERAL AND MISCELLANEOUS PROVISIONS.
Bsc. 719. Arrest, injunction, and attachment; when not to be granted together. 720. Motions relating to provisional remedies to be decided in twenty days.
S719. [Amended, 1879.] Arrest, injunction, and attachment; when not to be granted together.Where application for an order of arrest, an injunc tion, and a warrant of attachment, or two of them, is made, in the same action, against the same defendant; and it satisfactorily appears that, under the particular circumstances of the case, two or all of them are not necessary for the plaintiff's security, the court or judge may, in its or his discretion, require the plaintiff to elect between them. Where an application is made to obtain, vacate, modify, or set aside an order of arrest, injunction order, or warrant of attachment, the court or judge must finally decide the same, within twenty days after it is submitted for decision.
New. See People v. Tweed, 5 Hun, 382; Rockford, etc., R. R. Co. v. Boody, 56 N. Y. 456.
$720. [Amended, 1879.] Counterclaim, provisional remedies. Where the defendant interposes a counterclaim, and thereupon demands an affirmative judgment against the plaintiff, his right to a provigional remedy is the same as in an action brought by him against the plaintiff, for the cause of action stated in the counterclaim, and demanding the same judgment And for the purpose of applying to such a case the provisions of this act, the defendant is deemed the plaintiff, the plaintiff is deemed the defendant, and the counterclaim so set forth in the answer is deemed the complaint.
MISCELLANEOUS INTERLOCUTORY PROCEED INGS, AND REGULATIONS OF PRACTICE. LMISTAKES, OMISSIONS, DEFECTS, AND IB
TITLE II.-TENDER, AND OTHER OFFERS AND RXQUESTS TO THE ADVERSE PARTY.
TITLE III. PAYMENT OF MONEY INTO COURT, and CARE AND DISPOSITION THEREOF.
- PROCEEDINGS UPON THE DEATH OR DISABILITY OF A PARTY, OR THE TRANSFER OF HIS INTEREST.
TITLE VI.— MISCELLANEOUS PRACTICE REGULATIONS.
V.-MOTIONS AND ORDERS GENERALLY.
Mistakes, omissions, defects, and irregularities.
820. 721. Defects cured by verdict, etc., and by judgment.
722. Such defects to be suppifed.
723. Amendments by the court; disregarding Immaterial errors, eto. 724. Relief against omissions, etc.; amendments to conform proceedings.
725. Returna by officers, etc.
726. Papers lost or withheld; how supplied.
727. Order of court; when necessary to amend.
728. Disregarding defects in affidavits.
729. Certain bonds, etc., when sufficient.
§ 721. [Amended, 1879.] Defects cured by ver dict, etc., and by judgment. In a court of record, where a verdict, report or decision has been rendered, the judgment shall not be stayed, nor shall any judg ment of a court of record be impaired or affected, by reason of either of the following imperfections, omis sions, defects, matters, or things, in the process, plead ings or other proceedings: