The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-03

from such seizure and
8. The actual value Of the property.
SEQ 1873 The rlsintR nav thcreupon, by an endorse
nent In writing upon the adsvt require the sheriff Of
me county where the property claimed may be- TO tahe
tins same from the defendant and deliver 1t to the plain
TIT
SEQ 1874. Upon the receipt of the sndavt and notice.
sufficient suretie approved BY the sheriff to the effect
that they bound In double the value Of the property
iion for the return Of the propsrty to tn. defendant
return thereof be and for the payment to him
e "s
perty described in the affidavit lift be in the possession
Of the defendant or his agent and retain in his GUS
fsndspt copy Of the sfidavit nocs and undertaking
by delivering the same to hi personally, II he osn be
found 10 his agent from whose possession the pro-
perty taken If neither be found, by leaving
them at the usual place OF abode Of either with
pns the will JUSTIFY before USs Of
the court, county judge at time and place therein
namsd time to be NOT less than four more than
Sec les. If the suretes do not justify. according 10
the notice, the sheriff shell forthwith deliver the pro-
1t to the plaintiff unless the dsisndsut she'll ente him.
self thereto, as provided by henext two sections.
p,Tty to IN. n.nt the Ssf.udsU. nav The re-
turn thereof giving to the sheriff written under
taking executed by two or more sureties to
the e ct that they bound, in double the vaus of
the property stated in the affidavit the plsntf for
the delivery thereof to the plaintiff II such delivery be
adiudged, and for the payment to him of such
may for any be sgsinst the defendant
S,o Isl The detendsnt's surctes, upon notice to
IL s
he sureIes given by the plaintiff and upon sucb usti
oaon the sheriff shall deliver tins property to the de-
fer dant.
Sec 1888. The qualifications of snrets and their JUS
tdo.ton shall b. are prescribed by sections 1863 and
10, In respect to bail upon an order Of arrest
SEQ ls9. II the property any thereof bs
cesled in building or enclosure the sheriff shall pub
shall the building eucorure to bs broken OPEN
and take the property into his possesios ana if neces
ssry he may cali to his sid the power Of his county
SEQ. 100 When the sheriff shall have taken property
az in this chapter provided he shall keep 1t in
place and deliver to toe party entitled thereto upon
expenses for keeping, the same.
CHAPTER Ill.,
INJUNCTION
Sec l9l The writ of mi junction Is abolished and
pjunction by order, Is substituted therefor The Or
may be made by judge Of the court in which the
action brought or bya county judge, in the cases
SEQ 1879 Where 1t shall appear by the complaint that
the plsintf Is entitled to the relief demanded and
the e Of ao. Of the a
fendant, the commission or continuance Of which, Gu
ing the litigation would produce great Or irfsparsSls
1t sha appear that the defendant doing or threstens
is about to do some act in violation OF the plaintiffs
to the judgment neffecual temporary ipjunc
tion may be granted, to restrain such act:
SEQ 1873 The Injunction may be granted at the time
Of commencing the action, or at any time after wards
before upon its appearing satisfactorily to the
judge by the affidavit of the plaintiff of any other
person. that SUFFICIENT grounds exist therefor copy
Of the affidavit must be served with the INJUNCTION.
Sec 1914 An injunction shall not be allowed after the
defendant shall have answered. unles, upon notice
upon an order show but In such case the de-
fsndent be restrained, until tho decision Of the
judge, granting or refusing the injunction.
Bee. 1876 Where provision is made by statute,
to security upon injunction, the Judge sha require
written undertaking. on the part Of the plaintiff with
without sureties the effect that the plsin.R will
pay the party epjoued euch damages not exceeding
amount to be specifsd, he sustain by reason
of the Injunction the court shall finally decide that
the plaintiff was not entitled thereto. Ths damages
may BIS ascertaned by References or otherwise the
court ehall direct.
SEQ l96 Ii the judge deem 1t proper that tho d.fen
daut any of several defendants should be heard be-
fore granting the Injunction he may BY an order re-
qure to be shown. at specified time and place
why tho Injunction should not be granted and he may
In the mean time. restrain the defendant
SEQ 1877 An Injunction to suspend the general and
ordinary business corporation shall not bc granted
except by the judge thereof Nor shall it be
granted withou. due notice OF the application therefor
to The proper scers Of the corporation unlees the
plaintiff shall give written undertaking, executed By
Judge to the effect that the painti Wi, pay all dam
ages not exceeding the Gum to be mentioned in the
asrtaking, which suoh corporation may sustain, by
the in unction If the court shall finally decide
that the plaintiff not entitl.d thereto This DANA
yes may bs ascertaned by reference otherwise,
SEQ 1893 If the injunction be granted by judge OF
the court by county judge, without notice the de-
notice to Judge Of the court in which the action is
brought, to vsoate or modify the Same. The sppics
ton may be made upon the complaint and the ahids
Wits on which the Injunction was granted or upon aft
davts the part OF the defendant with or without the
answer.
SEQ. 1879 II the application be made upon sfidavits
the part Of the defendant but not otherwise the
plaintiff may oppose the same by afadavits other
proofs in addition to those which the injunction
granted
CHAPTER w.
OTHER PROVISIONAL REMEDIES.
Sec 900 Until the legislature shali otherwise provide
the may appoint receivers and direct the deposit
Of money CT other thing in court and grant the other
prsof ice except as otherwise provided in this
act.
TITLE VIII
or TRIAL AND JUDGMENT IN CIVIL ACTIONS.
CHAPTER I.
FAILURE TO ANSWER.
Sec COL judgment Is the 1nai determination OF the
Sec 2O2 Judgment may be had, II the defendant fail
to answer the complaint, as follows:
l. In an action arsing contract, for the recovery
Of money only he may ne with the clerk the summons
and complaint with proof of service and that
has been recsived The clerk shall thereupon enter
judgment for the amount mentioned in the summons
to the court at tho time an mace specsd IN the ,pn
mons, for the relief demanded In the complaint II rho
taking OF an account or the proof OF fact be neces
say to enable tho court to give Judgment carry
the judgment into effect the court Instead Of taking
the account or hearing the proof may in its discretion
order reference for that purpose to any person. free
from all exception. to be named by the plaintiff And
where the action tor the recovery of money only the
court the p!ant require it. ,hsil order the damages
to be by jury, or If the examination Of long
accoun. be involved, by references above provided
CHAPTER IL.
ISSUES MODE
Sec 900 Issues arise upon the plsadipgs when fact
conclusion of Law maintained by the party and
eontrov srted by the other. They are Of two kinds
/. or law; aud
OF fact
Sec goa An i9ue Of law, arises,
Upon Q demurrer to the complaint: or
. Upon an allegation Of fact In pleading, by the
party the truth CT which is not controveItcd by the
other.
SEQ 2c5. An issue Of fact ariece,
l. Upon allegation in the complaint controverted
by the answer; or
2. Upon matter In the answer controversial by
the reply; or
3. Upon matter In the reply.
Sec 200, Issues both Of Law and Of fact may arise
upon the pleadings in the action. In such case
the Issues Of Law must be frat tried unless the court
otherwise, direct
Sec 2o7. trial Is the judicial examination Of the Is.
sues bsween the parties whether they be issues Of law