The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-05
CODE OF PROCEDURE.
AN ACT
To Simplify and Abridge the Practice, Plead
lnss, and Proceedings OF the Courts VI this
State.
CONTINUED i
CHAPTER IL.
APprAIs To THE coua,


APPEALs TO THE COURT OF ArpEALs.
SEQ 2sa An appeal may be taken to the court OF ep-
peas, In the cases mentioned In section III.
SEQ asa To render an appeal etc ctual for any pur
pose written undertaking must be executed ON the
that the sppssu viii pav ali costs and damages
which may be awarded against him the appeal not
exceeding two hundred and fifty dOl.rs or that sum
must be deposited with the clerk with whom the judg
ment order entered to abide the event Of the
appeal
the payment Of II sha not stay tn" execution Of
the Judgment unless writeD undertaking be executed
part OF the appellant by at least two sure to
the effect that If tho judgment appealed from or any
part tbersof be affirmed tho appellant will pay the
of ouch smeun oe When ~ The snail Ss ar
frmed II be sflrmed only in part and all damages
which shall be awarded against the appellant upon the
appeal
Sec ass If the Judgment appealed from direct the
signment delivery Of documents, or personal pro.
perty the execution oftbe judgment shall not b. stayed
by appeal uness the things required to be assigned or
delivered be brought into court placed In the custody
Of euoh officer receiver the court shall appoint
OF uuess und rtakng be entered into thu part
appellant by least two sureties and Ia such amount
the court sha direct to the effect that the appellant
will obey the order OF the appel ate court, upon tho
appeal.
execution Of or other instrument thu exc
cution Of the ugmsnt sha not be stayed the appeal
until tho shall have been executed and depo
cited with the clerk with whom the Is entered
| to abide the judgment OF the appellate court
Ssc 2s7 the judgment appealed from direct the sale
or delivery OF real property tho execution
Of the shsl not be stayed unless written under
taking be executed the part the appellant with
sure to the effect that during the posse scion Of such
property by the appellant, he will not commit, suffer
to be committed waste there and that IL the judg
be affirmed, he will pay the value of the
occupation of the property from tho the apes.
until tho delivery OF possession thereof pursuant 10 the
the court by which judgment rendered and which
shall be specified in the undertaking When the judg
ment for the sale OF mortsssed premises and the pay
ment Of deficiency arising upon the SALE tho under
taking shall also provide for the payment Of such def
cenoy.
provided by sections 2S4 2s5, 1855 and 2s7 It shall stay
further proceedings the below upon the juag
in but the court below may proceed upoa any ether
matter included In tbs action and not affected by the
SEQ $50 Tn. prescribed by sections 2s3
1884, 1885, and PSI may be In one instrument or several
| At the option Of the appellant
SEQ 800 An undertaking upon an appeal shall be OF
effect unless be approved in the fret instance by
judge OF the court below. The respondent may, how
ever except to the sucency Of tho suretes within
days after ce of the appeal and unless they other
suretis justify before judge of the court below or
county judge prescribed by sections ITO and III,
within ten days thereafter the appeal shall be regarded
as no undertaking had been given The justification
shall be upon O notice Of not less than fve days
SEQ 29l In the cares not provided for in sections
2s4 2s5 ass 2s7 and 2Ss the perfectpg appeal by
giving the undertaking mentioned in section 2s3 shall
btay proceedings In the court below, upon the Judgment
appealed from excere that where directs the sale of
psriahssls property re court below MY order the pro
ed or invested to abide the adsmsn of the appellate
! court.
| sec. 2y5. Inc UNDERTAKING must pc nleu Win inc
clerk With whom tho judgment or order appealed from
| was entered.
| CHAPTER III.
| APPEALS TO THE SUPREME COURT FROM AN INFERIOR
SEQ 2e3. An appeal may be taken to the ruprsmc
court, from the judgment rendered by county court
by the OF either of tho cities OF Albany
Hudsou Troy and Rochester by the recorders
Of either of the cities Of Buffalo and Utica
500 e94 Security must bs given upon snch appeal In
the Same manner, and to the same extent upon sn
appeal tn tho court Of appeals
| n hA has I'd
at general term either In the district embracing the
county where tho judgment or order .ppsasd from wa,
that where the judgment order entered In the
city and county Of New York. the appeal shall be heard
SEQ 29s. When the appeal heard in county other
than that where the Judgment roll Is died the judg
ment upon the appeal shnll be certified to the clerk
with whom the roll is filed, to be there entered and
| docketed.
| APPEALS IN THE sUPREaE COURT, AND THE SUPERIOR
COURT AND COURT OF COMMON rLEAs OF THE CITY OF
NEW YORK, FROM SINGLE JUDGE, TO THE GENERAL
TERM
SEQ 297 In the supreme court the superior court of
the city Of New York. and the court Of common pleas
for the city and county Of New York, appeal upon
either the law tho fact may bs taken the general
term, from Judgment given by single judge Of the
same court Security must BE- given upon such appeal,
in the Same manner a. upon an appeal to the court OF
appeals. In the supreme court, the appeal shall be
heard in the Same manner as it were an appeal from
an inferior court.
SEQ aes Upon such appeal the decision upon the
facts ehsi be npal.
the time b. taken from order made by single
judge the court and may be thereupou reviewed
When the order grants or refuses a provisional
remedy
When It involves the merits of tn. action, or
But no appesl under this section shall be taken,
judge Of the supreme court certify that in bis
sppesl should Be decided before the judsmens
Sac 800 The last section shal include an order made
out OF court upon notice. but in such cass The order
must be first entered with the clerk And for the
pose of ao appeal any party snsotsd by such order
| be entered accordingly
CHAPTER ".
| APrrAL TO THE SUPERIOR THE CITY r.yoRx,
oRToA COUNTY COURT. FROM AN HYPERION COURT
SEQ sol statutes now IN force. providing for the
review OF Judgments In civil casee rendered BY courts CT
OF the peace by the msrne court OF tho city OF
New York by the assistant justices courts in the city
OF New York, BY the municipal court of tho city OF
Brooklyn and by the justcss courts Of the cities Of
Albany Troy and Hudson and regulating tho practice
in relation to such review are repealed and hereafter
the only mode Of reviewing such judgments shall be al
appeal; as pr.scribed by this chapter
eco. 302 When the judgment shall have bsen rendered
by the maroe court OF the city Of New York or BY sn
assistant Justices court In that city the appeal shall bs
to the superior Of the city New York. and when
rendered by Of the other courts enumerated in the
section to the county court OF the county where the
Sec The pp,aut shall within twenty days after
the judameut make or cause to be made, an afndsvit
before the court below and the grounds upon which the
appt oil Is founded.
SEQ Soa copy ofthe afhdavit shall within the same
time bc served the respondent II he be resident OF
the city county he be not resident on the at
torncy or agent, any, who appeared for him on the
trial. justice; with notice. stating that the
appellant appeals from the Judgement. and that the
appeal will be heard the appellate court at time and
place therein designated either In ont OF term; which
copy and notice shall be served at least six days before
the time for hearing the appeal.
Sec 305 IL the appellant desire stay OF execution Of
the Judgment he shall present the sdavit to judge of
tho appellate COURT who may, thereupou in his dscre
tion make an order that all proceedings on the judg-
IA taveA Viv cn dad
In the next section.
SEQ 900 The security shall be written undertaking.
execut. BY sufficient sureties approved by
the Judge making the order by the court below to
the effect that II judgment be rendered against the
pellant and execution thereon be returned unsathed
in whole In part the suretes will pay the amount
sstiL6ed.