The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-10
Code OF Procedure.

-. Code or Proceedure.
CONCLUDED
SEQ. s4 liza justice Of the pace whoss judgment Is
appeasd from, shall die become Insane, from
tire State the appellate court may examine witnesses
oath to hs facts and circumtauos- of the trial
JUDGMENT and determine the appeal - the facts had
10 another county within the State the appellate oourt
compel him to msks the return, II he still
within ths county where the udam mt rendered.
$50 SIS. II . return b. m,ds ths appeal may be
brought to hearing A. general term OF the appellate
court upon by al her party Of not les, Ian eight
days IL shall be placed upon the calendar aud cou
'ipus thsraou, without further notice until finally dis
posed Of; but IL neither party bring it to hearing
mss the appeal unless t continue the same by special
ORDER foe csus, shown,
SEQ ss. Tue appeal whether heard on tina afndavits
return, shall be heard the original papers and
no copy thereof need b. furnished for the OF the
court
SEQ ST. Upon tho hearing Of the appeal either upon
a iavts or upon tina return, the appellate court shall
give judgment according to the Justice of the with
affect Che merits In giving judgment, the court may
sthsr oraar new trial may affirm or reverse the
JUDGMENT 81 this court bsiss, in whole or in Fart
SEC. Sls. To every JUDGMENT upon sppssl. there
shall be I'd the si isv;ts return which 1t
heard which shall be nled With tho clerk Of the court,
and shall constitute the judgment roll
SEQ. $40 If trial be ordered. coucss statement
of tina such order shall be hed with the
Tbs court below shall thereupou pressed to try the
amended pasdinas its discretion and for that pur
pose tho application Of either party, my issue
summons directed 10 the other to appear for suoh
trial. time and place to bs desgnstsd thereto the
time to be not less than six days from the service of the
summons
SEQ $40 II new trial be ordered on an appel from
Judgment Of justice Of the pesoe It shell be before
the justice before any other utoe In the
court
Sec sal. II the Judgment be affirmed costs shall be
shall BE- awarded to the appellant uoi.ss new trial Ss
ordered in which they shall be in the discretion
OF the appellate court II it b, affirmed in part, the
costs suoh part IS TO the court shall just may
bs awarded to either party.
Sac 32l II tho judgment below any part thereof
be coleo ed and the Judgment b. reversed
the appellate court shall order the amount collected to
be restored with interest from the time Of
The order may be obtained proof Of the facts made
at the BEARING, upon previous notice OF six days.
SEQ S23 r. upon appeal, recovery b. had by one
party ard costs be- awarded to the other the sppes
shall set off the one against the other and render
Sec sA The following fees and costs, and other,
shall b. allowed on app ,als.
To tho appellant oa reversal IL upon an iavlt
dollars; II upoa a return, dollars
To the respondent, on afnrmsuos, If upon affidavit
dolars; IL upon return, dollars
To Justice Of the peace, for his return dollar.
The appellant shs bsfore the hrst hearing Of the sp
sS pay Into S S' S aSpu'
II the Judgment appealed from be reversed In part
and ae ed as to the residue the amount of cost, al
lowed either party shall be such the ppeate
court may award, not exceeding dollars
the appeal be dismissed for want OF prosecution
provided by section sl5 no coats shall be allowed to
either party.
THE soELLANEoUs rRocsgoisGs, IN CIVIL ACTIONS
AND GENERAL PROVISIONS.
CHAPTER {.
Z SUBMITTING CONTROVERSY, WITHOUT ACTION.
SEQ. s2S Parties to question in difference who'll
might be- the subject Of civil action, may without
ton agree upon cane the facs upou which
| the controversy depends, and present submission O
the to asy which would have jurisdiction
action had bsea brought. But it must appear BY
| ..,sk =.
log in good fah to dstsrmne tho rights of the parties
The CONT shall hear and determine the
&C general tsrm aud rsnssr Judgment thereon rs If on
See sa6 Juds uncut sha, be entered IN the jud sut
book az Ia other hut without costs The tn,
sublisson and copy Of the Judgment shall oonstitut,
| the judgment roll
Sec sl7 The Judgment may be enforced 10 the sam,
uanuer "a II IL had % rendered Ia action sh 81
/ bs subject to appeal al Like manner.
CHAPTER II.
PROCEEDINGS AGAISsT JOINT DEBTORS, HERS pEvBKEs
LreArEEs AND TENANTS HoLDise UNDER JUDGMENT
SEQ sas When sjudgmeu. shall DO recovered agains.
more OF several persons Jointly indebted upon
contract by proceeding ded In section Ia those
paint may be summoned to show why they should
bs bound by the judgment In tho manner II
they bad been originally summoned.
SEQ SAG. of the death of jui ment debtor af
ter jodsnent the personal representatives heirs, devil
legatees OF the judgment debor the
oil real properly owned by him and aHscte by the judy
ment may be summoned TO sho cause why the jadg.
ment should bs enforced against the estate t5e
judgment debtor In their han is lively.
SEQ $50 Tns summons provided in the last two SEQ
tops all oe subscribed by the judgment creditor his
representatives, or attorneys shall describe tho judg
ment, and require the o-rson summoned to show
within twenty dsys after the service Of the summons
aud shall be served in like tbs original
mons
Sec 33l. The shall be accomp auied By an
AFFIDAVIT OF the person subscribing it, that the
hs not bsen satisfied, to bis knowledge Information
belief and shall specify the amount due thereon
See 332. Upon such SUMMONS, the party summoned
may answer within the time specified therein denying
the judgment, or setting up any defence which may
have arisen and 10 addition thereto it he
BE- proceeded nst according TO section 3lS he
mage the same dsfshcs which he might have originally
made to tbs action.
SEQ S3a. The party issuing the summons may reply
20 the answer asd the issue thereon may be tried and
Judgment given, in the same AS Ia action.
SEC 334 The answer and reply shall bs verified
in ike manusr and bs sui sct to rules the
answer and reply In an aclon.
CHAPTER III.
confession WITHOUT ACTION.
SEQ 3s5. juigmsns BY confession may Do entered
without action either for money due bscom. due
Of the or eo ia s
scribed by this chapter
ssc sa6 A statement in writing must be made, sign.
ed by the defendant and verified BY his oath to the fol-
|. Il mast state the amount for which judgment may
% entered end authorss the entry OF judgment there
> Ift he for money due to TO b,coms due It must
state concspy tho facts out Of which It arose. ana must
SHOW that the confessed therefor justly Cue to
become due.
lit be for the purpose OF securing the plaintiff
against contingent habit " IL must oncisely
facts constituting the liability, and that the
sum coDtesssd therefor does not exceed the same.
Sec 1877 The statement may be flied with the clerk
who shall endorse upon IL, and enter In the
book; JUDGMENT for the amount Confessed with costs
The statement ana afiisvit with the judgment en-
doised. sasu thereupon Dscon,s the judgment roll
CHAPTER ~.
oFyERs or tbs pETErpANT TO coMPsoMIsR WHOLE
Pal
SEC S3S la An action arising on contract, the defen-
daas msy at any tins before TRIAL judgment, serve
upoo the plaintiff offer ia writing to allow judgment
TO oe taken against him, foe the TO toe eneot
tnersin specified fthe piaiuti1 accept the Offer aud
give notice thereof, within ten days ne fls the
summons, complaint, and Offer, with affidavit Ct no.
oa OF acceptance and the clerk shall tbereupon enter
jadgnsnt accordingly. IL the notice OF acceptance bs
not gwen, the ohsc shall bs deemed Withdrawn, and
shall not be given la evidence and II the plsintf fail
20 obtain more favorable judgment DO snail pay the