APPEAL: Vol. Sec. to court of sessions, in certain cases, who not to sit on............I, 48 .1, 466 does not lie, from order refusing judgment on pleading as frivo- extension of time for.... when a case not necessary on... from order for new trial on judge's minutes. llen of judgment, time of stay on appeal, not part of how restored on affirmance, or on dismissal of. appeal by party. parties, how designated; title of action. 1, 537 I, 784, 785 ....I, 998 limitation.1, 1255 ...I, 1256-1258 appeal by person entitled to become party; dismissal of... pending appeal, proceedings for revival or dismissal. how appeal taken; notice of, etc... notice, to review interlocutory judgment.. how served in case of death, etc., of attorney. omission to do any act necessary to perfect, how cured.. cannot be taken from order till entered; how entry compelled..1, 1304 undertaking on, may be waived by consent.... deposit in lieu of, how made, etc... must be filed with clerk..... action on, when not to be brought. new, to be given when sureties become insolvent, etc.... when court may limit amount.. not required on appeal by the people. by domestic municipal corporation. levy, when superseded by... when proceedings stayed by; effect of.. .1, 1314 ...1, 1310 certain papers to be transmitted to appellate court.. 1, 1311 from final judgment, interlocutory judgment or order may be .1, 1315 enforcement of judgment affirmed on.. mode of cancelling or correcting docket of judgment reversed court may affirm, reverse, or modify judgment, or order on......1, 1317 order affirmed on, in special proceedings, on.. restitution, when awarded on reversal.. .....I, 1323 when right to sell not affected by, in action for specific perform- ance..... .....1, 1323 from Judgment in action for dower; stay of execution, etc....II, 1616 11, 2058 .1, 1316 ...I, 1318 ......1, 1320 ....1, 1321, 1322 in certiorari or habeas corpus cases, by the people... from final order awarding absolute writ of prohibition custody of prisoner not bailed pending recognizance, etc.11, 2063, 2064 ......II, 2060-2062 .11, 2087 effect of such appeal limited in certain cases. from final order made in summary proceedings to recover pos- certiorari cannot be issued to review determination that can be II, 2101 ..11, 2122 .11, 2260 warrant, how stayed on appeal in such proceedings ..11, 2261 in such proceedings not allowed to court of appeals, except by ...11, 2262 arbitration from order, or judgment, on award in controversy submitted to restitution, when awarded by appellate court in such proceed- ...II, 2261 11, 2263 ..II. 2381 APPEAL- Continued. from order made in supplementary proceedings... APPEAL FROM JUSTICE OF THE PEACE: how far provisions concerning, affect review of proceedings in from district court of New-York, and from justices' courts of Vol. Sec. II. 2433 11, 3213 11, 3347 Justice's judgment must be reviewed by appeal.... who may appeal; to what court appeal to be taken..... 11, 3044 J1, 3045 amendment, when allowed. service of notice on respondent undertaking to stay execution on judgment.. stay of proceedings. proceedings when Justice is dead, etc return.. id.; when justice has gone out of office. when justice is dead, etc when error in fact is alleged restitution on reversal setting off costs and recovery certain sums may be included in disbursements Judgment-roll on service of notice on justice; payment of costs and fee. 11, 3046 31, 3047 Judgment thereon. hearing of appeal; dismissal thereof... II, 3061 11, 3063 proceedings before justice.... when new trial in justice's court may be ordered... id.; undertaking to be given.. for a new trial in appellate court; when new trial may be de- 11, 3063 II, 3068 id.; proceedings in appellate court.. id.; offer to compromise before return.. 11, 3029 --II, 3170 id.; amount of costs..... id.; offer to compromise after return. in proceedings relative to animals found straying, etc.; appeal 11. 3073 11, 3095 11, 3102 id.; from final order in such proceedings.. ..II, 313 id.; stay of proceedings and delivery of possession, etc... II, 3104 .II, 3/05 11, 3106 APPEAL FROM SURROGATE'S COURT: from order made on motion for new trial. costs of appeal... what may be reviewed on appeal; order or decree shall not be ..II, 2549 11, 2545 ance from order on application to surrogate for additional allow- ..II, 2589 when party may appeal.... II, 2564 ..II, 2568 11, 2569 11, 2570 11, 2571 who must be made parties.. 11, 2572 appeal, how taken; service of notice of... 11, 2573 certain provisions of chapter 12, concerning parties; death; un id.; where decree is for money or delivery of property, etc... appeal may be on the law or the facts; case to be made, etc....11, 2576 decree revoking probate, etc., not stayed APPEAL FROM SURROGATE'S COURT - Continued. security to stay proceedings in case of commitment.. requisites of undertaking...... decree for probate, etc., how far suspended by appeal.. Vol. Sec. ..II, 2579 ..II, 2580 II, 2581 ..II, 2582 perfected appeal stays proceedings in other cases .II, 2583 appeal, how heard; proceedings thereupon ..II, 2584 ..II, 2585 ..II, 2586 award of jury trial upon reversal in probate cases... II, 2587 of decedent; sale after appeal... in proceedings to dispose of real property for payment of debts ..II, 2588 11, 2769 APPEAL IN MARINE COURT OF THE CITY OF NEW-YORK: appeals and proceedings thereon.. APPEARANCE: by defendant in action, how made ..I, 421 voluntary general, equivalent to personal service of summons. 1, personal service or.... .........II, 3188-3195 .......II, 2458 II, 2528 who may appear on hearing of petition for probate of heirship, .11, 2617 who may appear on application for administration II, 2655 id.; for infant defendant id.; parties may appear in person or by attorney. in Justice court; action may be commenced before Justice of ..II, 2665 .II, 2876 .11, 2886 .II, 2887 .II, 2888 id.; when constable, etc., may not act as attorney. .11, 2889 .II, 2890 id.; Justice to wait one hour... id.; defendant may offer to compromise; proceedings thereon,II, 2892 .II, 2891 id.; of plaintiff required after notice of arrest of defendant; ef- .II, 2893 ..II, 2899 limitation of action, where claim has been submitted to.......I, 411 all the arbitrators to meet; when majority may award; fees...IL 201 motion to confirm.. to vacate to modify or correct. motions; when to be made; notice thereof. costs on vacating.... Judgment on; when and how entered, costs.. Judgment-roll; docket of judgment effect of; how enforced.. appeal from order or judgment.. effect of party's death, lunacy, etc.; proceedings thereupon revocation of submission; how made liability of party for fees, etc.... limitation of recovery against him application of this title entitled to fall liberties.. on Sunday, when allowed. for non-payment of interlocutory costs, when allowed.. prisoner, custody of....... or officer in transit, not liable to. by coroner, of sheriff.. escape of, sheriff's liability for. where sheriff is plaintiff -1, 174-177 sheriff's successor, duties of old and new sheriff. ......I 17, 190 not allowed, except by statutory authority, in civil action, etc.. writ of ne exeat abolished... Ι. 548 depends partly on extrinsic facts. when right to, depends on nature of action; allegation of fraud of women, when allowed recovery or foreign Judgment not to affect right to of lunatic, etc., of infant under 14; discharge, etc order of, when and where made of person sued in representative capacity, not allowed, except -L 554 1 555 by whom made. I. 231 proof necessary to obtain contents and requisites of; to whom directed. made by judge, security upon; minimum amount thereof, 1. may be granted at any time after commencement of action, 1, 558 .L. 334 1. 360 papers, delivered to defendant; originals filed....... plaintiff's attorney may limit time for execution of privilege from; discharge of privileged person.... defendant has twenty days to answer after.. supersedeas, unless defendant is charged in execution, etc... deposit with sheriff upon, disposition of.. when paid to third person.. 1, 564 .1, 565 566 1. 572 -1, 390 ARREST Continued. exemption from, of witness, while obeying subpoena. NESS. Vol. Sec. See WIT- in action against joint debtors not summoned cannot be granted in controversy submitted.. people, municipal corporation, etc., may have without security, .II, 1940 in habeas corpus of person about to remove prisoner........11, 2054-2057 II, 1990 .II, 2213 duty of constable... .II, 2296 in supplementary proceedings, warrant for; vacating same, etc.. undertaking of Judgment debtor....... II. 2437-2439 exemption of insolvent debtor from. See INSOLVENT DEBTOR. ARREST IN COURT OF JUSTICE OF THE PEACE: cases where order of, may be granted.. in what actions defendant may be arrested.. .11, 2898 .II, 2899 effect of defendant's discharge from motion to discharge defendant from such arrest... arrest executed.. what plaintiff must prove to obtain judgment after order of ..II, 2902 privilege from arrest ..II, 2903 undertaking on answer of title, after order of .II, 2904 of defaulting witness before justice; fine, etc.... defendant must be discharged from, on adjournment by consent, ..11, 2952 ARREST IN MARINE COURT OF THE CITY OF NEW-YORK; DISTRICT ASSAULT AND BATTERY: limitation of action.... Justice of the peace no jurisdiction. ..I, 384 .II, 2863 on the high seas action for, in N.-Y. marine court...... .11, 3177-3187 in Justice's courts of Albany and Troy included in term "personal injury ASSESSMENT. See TAX. ASSESSMENT OF DAMAGES: 11, 3215 ..II, 3223 ..II, 3343 when testimony required on, may be taken by commission......I, 888 ...11, 1213-1215 substituted for ad quod damnum, a State writ...II, 1991, 2103 Writ of: contents of. when applied for by attorney-general or district-attorney...II, 2105 .....II, 2104 ..II, 2106 notice of execution... jury, how procured.. to be sworn....... ..II, 2107 .II, 2108 ..II, 2109 ..11, 2110 |