THE

New York (state). Statutes,

Code of Civil Procedure,

IN ONE VOLUME,

CONTAINING ALL AMENDMENTS TO AND INCLUDING THE

SESSION OF 1899.

TH JUDICIARY ARTICLE OF CONSTITUTION ADOPTED IN 1894 AND
ANNOTATIONS AND REFERENCES TO THE NEW YORK

CONSOLIDATION ACT

AND THE GREATER NEW YORK CHARTER.

BY MORRIS COOPER.

NINTH EDITION.

NEW YORK:

THE DIOSSY LAW BOOK COMPANY,

Publishers.

1899.

THE NEW YORK
PUBLIC LIBRARY
2430CS

ALTOR LENOX AND
TALIEN FOUNDAT

Entered according to Act of Congress, in the year 1899 by

THE DIOSSY LAW BOOK COMPANY,

n the Office of the Librarian of Congress, at Washington.

TABLE OF CONTENTS.

CHAPTER I.

GENERAL PROVISIONS RELATING TO COURTS, and the MEM-

BERS AND OFFICERS THEREOF.

TITLE I.-The courts of the State; their general powers and

attributes, and general regulations pertaining to

the exercise thereof.

TITLE II.—Provisions of general application, relating to the

judges and certain other officers of the courts.

Sections

1-45

46-99

CHAPTER II.

POWERS, DUTIES AND LIABILITIES OF A SHERIFF, OR OTHER

MINISTERIAL OFFICER IN THE EXECUTION OF THE

PROCESS OR OTHER MANDATE OF A COURT

OR JUDGE IN A CIVIL CASE.

TL L-Provisions relating to the execution of civil mandates

generally.

NEL IL-Provisions relating to the execution, by a sheriff

of a mandate against the person.

100-109

110-171

TIT. II.-Application of the foregoing provisions to the pro-

ceedings of a corouer.

172-181

TITLE IV.-Powers, duties and liabilities of an incoming and

outgoing sheriff, respectively, touching the matters

included in this chapter.

CHAPTER IIL

CIVIL JURISDICTION OF THE PRINCIPAL COURTS OF RECORD ;

ORGANIZATION, MEMBERS AND OFFICERS THEREOF;

DISTRIBUTION AND DISPATCH OF BUSINESS

182-189

THEREIN.

TITLE I.-The Court of Appeals.

190-216

TITLE II.-The Supreme Court including the circuit courts.

Tr II--Article One. The Court of Claims.

TITLE IV. The C ty Cour of the city of New York.

TITLE V.-The county courts.

217-262

263-280

315-339

340-361

CHAPTER IV.

362-375

LIMITATION OF THE TIME OF ENFORCING A CIVIL REMEDY.

TL-Actions for the recovery of real property.

Fire II-Actions other than for the recovery of real property. 376-397

TITLE III-General provisions.

CHAPTER VI.

PLEADINGS IN COURTS OF RECORD, INCLUDING COUNTER-

CLAIMS.

TITLE I.-The consecutive pleadings in an action,

TITLE II.-Provisions generally applicable to pleadings.

CHAPTER VII.

GENERAL PROVISIONAL REMEDIES IN AN ACTION.

Sections

478-517

518-546

TITLE I.-Arrest, pending the action, and proceedings there-

upon.

548-601

TITLE II.-Injunction.

602-630

TITLE III.-Attachment of property.

635-712

TITLE IV.-Other provisional remedies; general and miscel-

laneous provisions.

713-720

CHAPTER VIII.

MISCELLANEOUS INTERLOCUTORY PROCEEDINGS, AND REGULA-

TIONS OF PRACTICE.

TITLE I-Mistakes, omissions, defects and irregularities.

TITLE II.-Tender and other offers and requests to the adverse

721-730

party.

731-740

TITLE III.-Payment of money into court, and care and dispo-

sition thereof.

743-754

TITLE IV.-Proceedings upon the death or disability of a party

TITLE-General regulations respecting evidence, and the

competency and mode of examination of a witness.

828-850

TITLE II.-Compelling the attendance and testimony of a

TITLE I.-Trials generally; including exceptions and motion

for a new trial.

TITLE II.-Trials without a jury.

I'ITLE III-Trial jurors, except in New York and Kings coun-

ties; mode of selecting them, and of procuring

their attendance.

TITLE IV.-Trial jurors in New York and Kings counties;

mode of selecting them, and of procuring their

attendance.

963-1007

1008-1026

1027 1078

1079-1162

TITLE V.-Trial by jury.

1163-1189

TITLE VI.-Miscellaneous provisions; including those relating

to milomeery, and other acts of misconduct.

1190-1199