New-York daily tribune., 1851-07-16

hands either of himself any Oher person OF due To
n Judgment debtor 10 be applied towards the salts
faction Of the udgmcRt except ihat the earnings Of
the debtor for his personal services, al any tune
within sixty days next pre- edng The order, cannot
&c applied, when Il Is mA .e to appear by the
cottoTS sihdaylt, or Otherwise, that such earnings
are necessary for the use OF family supported Who'll
" or partly by hrs labor
go The Judge may also sy order appOa, a re-
OF the property a. nN judgment debtor, m the
same manner and With TIE IKE authority as II the
appointment made by the Court according %
section to pa. But before the appointment Of such
receiver the Judge shall ascertain, practicable, Dy
The cath Of the party. or Otherwise, whether aRy
ether supplementary proccc'iir are pending agans,
the Judgment debtor. and n SUcn proceedings are 20
pending. the plaintiff therein shall have notice W ap
pear before him. and shall lkc~ ,>e have notice Of al
subsequent proceedings IN relation 10 SAID receiver
ship. No more than one receiver oi the property of
a Judgment debtor shat! bc appointed. The Judge
nav also by order forbid transfer or other dlSpOS-
ton Of the property OF The Judgment debtor DOT ex
empt from execution, and SIy interference there
with
sce If any person. party az witness diSooey an
order of the Judge OF referee duly served, such per-
SON. party or witness may be punished BY the Judge
rs for contempt And IN all cases OF commitment
under this chapter. 10 the act TO abolish Imprisonment
for debt, the person committee may, IN case Of
bity perform the act required or 70 endure the I'M
prisonment. he discharged from Imprisonment blythe
Court or Judge committing him. or the Court IN
which the Judgment Was rendered, Oh such terms
NAV be lusi.
1900 In other actions costs may be allowed or not,
in the discretion OF the Court
In all actions where there are several defendants
not united IN interest, and making separate deiehses
hy separate answers and the plaintiff fails 10 recover
judgment against all. the COtut may award costs To
such Of the defendants have judgment IN their
favor, or any OF them
In the following cases the costs OF an appeal shall
be IN the discretion OF the Court
l. When a new trial shall be ordered
, When Judgment shall he affirmed IN P,Tt aiit
reversed III part.
1907 Sub. 6. To either party on appeal, exccp, TO
the Court Of appeals, before argument, hiie'n dol-
ars for argument thirty dollars but the prov'S nv
shall not apply 10 Appeals from an order s'atag or
denying non-enumeTa,ed notion
1917. I'm an action prosecuted nr deiendtl oi n
executor administrator, trustee OF an express 'ru>t
or person expressly authorized by statute costs sa
be recovered. action by and against person
prosecuting defending IN his own right, bui such
costs shall be chargeabe only upon or collected Of
the estate, fund or party represented. unless the
Court shall direct the same 10 Oe paid oy the plaintiff
defendant, personally, or mlSnanageincnt Oi oai
faith in such action or defense But this section
shall not be construed 10 allow costs against cyccu-
tors administrators while they are now exemptea
lherefrom, by section forty one OF title three, chap
ter six of the second part OF The Revised Statutes,
and whenever any claim against deceased person
shall be referred pursuant 10 the provisions of the
Revised Statutes the prevailing party shaii De snli-
tied the fees oi referees and witnesses ana
other necessary disbursements, 10 be taxed accodng
10 law.
1889 Whenever an appea Is perfected rs provi-
ded by sections three hundred and thirty hsc, threo
hundred and thirty-slX, three hundred and thirty
seven and three hundred and thirty stays all
further proceedings IN the Court below, upon mo
Judgment appealed from or upon the matter EN-.
braced therein but the Court below may proceed
upon any other matter included IN the action, and
not affected by the judgment, appealed from And the
Court below may, IN lis discretion, dispense Win or
limit the security required by sections three hundred
and thirty-fye, three hundred and thlriy-sM ana
three hundred and thirty eight, when the appellant
Is an executor, administrator trustee or other per-
acting IN anothers right and may also limit
sand dollars, IN the cases mentioned in sections three
hundred and thlrty-slx, three hdndred ana thHy-
seven, three hundred and hnty-elght, where Ic
would otherwise according To hose sections exceed
that sum. 60
of the City of New-l ork, and Court OF Common
Pleas for the City and County of New-York an ap-
peal may be taken to the general term from Judg-
ment entered upon the report o me referees or inc
direction OF single Judge OF the same Court, m all
cases. Such AN appeal, however, does not stay tho
proceedings. unless the Court. Judge thereof so
order, which order may be made upon such terms, as
to secunty otherwise may he Just, said Securi-
ty not to exceed the amount required on AN appeal
to the Court of Appeals. In the Supreme Count the
appeal must be heard IN the same manner ashl It
were an appeal nom an inferior Court
$40. An appeal may in like manner and within
the time be taken from an order made at spe-
cla term or byta single Judge OF the same Court, or
County or special County Judge, IN any stage OF
the action including proceedings supplementary To
the execution, and may be thereupon reviewed IN
the following
remedy. or grants, or refuses or dissohes an IN
Junction
. When 1t grants refuses new trial, or when
II sustans or OverrlIles demurrer,
g. When II involves the merits OF the action, or
some part thereof,
4 When the order IN effect determines the action.
and prevents Judgment from which an appeal may
s. When the order is made upon a summary ap-
phcatlon IN an action after judgment, and affects
substantial right.
1853. The appellant shall, within twenty days af-
ter judgment. make, or cause to be made an AFFIDAVIT,
stating the substance Of the testimony and proceed
ing before the COun below, and the grounds upon
which the appeal is founded II the judgment is rem
dered upon process not personally served and tho
defendant did not appear, he shall have twenty days.
after personal notice of the Judgment, To make and
the affidavit and notice OF appeal provided for
IN this and the next section.
. 354 The affidavit and notice OF appeal must.
within the same time, be served on the Justice, and
notice of the appeal on the respondent, personally.
by leaving 1t AT hs residence with some person OIL
suitable age and discretion IN the respond
ent is not resident OF the County an the same man
on the attorney or agent, n any who IS resi-
dent of such City or County who appeared Tor hlui
the trial and the appellant must, al the time OF
the service OF the notice OF appeal on the Justice,
pay To him the costs of the action included IN tho
Judgment, together with dollars costs OF the
urz which shall be restored To him Ia the Judg
ment is reversed, and be included IN the Judgment
for costs reyeTshal
800 Upon the hearing OF the appeal, the Appel
late Court shall give judgment according 10 the JUS
tce of the ease, without regard 10 technical errors
and defects which do not affect the merits. In CIV
ing judgment, the Court may affirm reverse the
judgment OF the Court below, In whole IN part, and
10 any all the parties and for errors Of law or
fact. II the appeal ~ founded an error fact IN
the proceedings, not affecting the merits Of the ac-
ton, and not within the knowledge Of the Justice tho
Court may determine the alleged error III fact on af-
dayts, and may IN ITS discretion inquire INTO and de-
termlne the same upon examination Of the witnesses.
II the defendant failed To appear before the Justice,
ard II is shown by the affdaNt> served, otherwise,
that manifest injustice has been DONE and the dcfen-
dant satisfactorily excuses his default the Court may
IN It's discretion set aside suspend judgment and
order new t1al before the same any other JUS
tce, at such time and place. and on such terms as