The Code of Procedure of the State of New York, Unabridged

CONTENTS.

Vol. I.

PAGE.

GENERAL DEFINITIONS AND DIVISIONS.

SECTION 1. Division of remedies...

2. Definition of an action....

3. Definition of a special proceeding.....

4. Divisions of actions into civil and criminal..

5. Definition of a criminal action....

6. Definition of a civil action...

7. Civil and criminal remedies not merged in each other....

8. Subjects embraced in this act...

PART FIRST.

OF THE COURTS OF JUSTICE, AND THEIR

12. May reverse, affirm, or modify judgment or order appealed from...

13. Terms of the court..

14. Giving judgment..

15. Provision for rooms for holding court..

16. Where the court may be held-adjournment..

TITLE III.

OF THE SUPREME COURT, CIRCUIT COURTS, AND COURTS OF

OYER AND TERMINER.

SECTION 17. Existing statutory provisions as to terms and business of the courts

repealed, and order of supreme court fixing terms, &c., abrogated, 81

18. General terms prescribed.....

105

19. Number of judges to give judgment.

107

20. Special terms, circuit courts, and courts of oyer and terminer pre-

scribed......

108

PAGE.

SECTION 21. Circuit courts and oyer and terminer, held together....

22. Designation of times and places of holding courts, how made....... 112

23. Extraordinary general and special terms, and oyer and terminer,

how appointed.

24. Places of holding the courts...

25. Publication of appointments thereof.

26. When judges not assigned may hold the courts..

27. Duties of judges as to business out of court...

28. Rooms, fuel, &c., how furnished......

TITLE IV.

OF THE COUNTY COURTS.

SECTION 29. Repeal of existing statutes, defining jurisdiction...

30. Their jurisdiction....

31. General terms, where held-notice to be published.

32. Jurors, how drawn and summoned...

OF THE SUPERIOR COURT AND COURT OF COMMON PLEAS IN

THE CITY OF NEW YORK, AND THE MAYORS' AND RECORDERS'

COURTS IN OTHER CITIES.

SECTION 33. Jurisdiction of the courts named in this title...

151

34. Court of common pleas for New York has power to review judg-

ments of the marine and justice's courts.....

170

35. General and special terms of the superior court and common pleas to

47. Certain civil saits may be transferred from the supreme to the supe-

rior court.....

176

48. Jurisdiction of the superior court in such cases........

178

49. Judges to hear for two years suits transferred from supreme court.. 178

50. Appeal to the court of appeals....

SECTION 57. Suit before justice to be discontinued. Costs.

58. Proceedings if undertaking not given......

60. New action in supreme court; pleadings therein..

241

61. Costs of action in supreme court...

245

62. Proceedings where several causes of action, and answer of title as

8. Plaintiff to prove his case, if defendant do not appear.

9. Proceedings in action on account or instrument for the payment

of money only.

10. Variance, when disregarded.

11. Amending pleadings.

12. Execution, when issuable and returnable.

13. Execution on justices' judgment docketed.

14. Requiring party to exhibit his account.

15. Certain provisions applicable to these courts.

TITLE VII.

OF JUSTICES' AND OTHER INFERIOR COURTS IN CITIES.

CHAPTER I.-The marine court of the city of New York.

SECTION 65. Its jurisdiction-which is altered and amended by subsequent statutes

mentioned herein....

PAGE.

315

CHAPTER II.-The justices' courts in the city of New York.

PART SECOND.

OF CIVIL ACTIONS.

TITLE I.

OF THE FORM OF CIVIL ACTIONS.

SECTION 69. Distinctions between actions at law and suits in equity and forms

of such actions and suits abolished..

PAGE

384

70. Parties to an action, how designated...

388

71. Actions on judgments, when and how to be brought..

72. Feigned issues abolished, and order for trial substituted...

CHAPTER II.-The time of commencing actions for the recovery of real property.

SECTION 75. When the people will not sue....

400

76. When actions cannot be brought by grantee from the state..

77. When actions by the people or their grantees to be brought within

twenty years...

402

78. Seizin within twenty years, when necessary, in action for real

property...

403

79. Seizin within twenty years, when necessary, in action or defense

founded on title to or rents of real property..

403

80. Action must be commenced within one year after entry, or within

twenty years after right of entry....

403

81. Possession when presumed-occupation deemed under legal title

unless adverse.

404

82. Occupation under written instrument or judgment, when deemed

adverse...

404

83. What constitutes adverse possession under written instrument or

judgment..

406

84. Premises actually occupied under claim of title deemed to be held

adversely.

407

85. What constitutes adverse possession under claim of title not written, 407

86. Relation of landlord and tenant as affecting adverse possession..... 408

87. Right of possession not affected by descent cast.......

409

88. Certain disabilities excluded from time to commence actions.....

409

CHAPTER III.-Time of commencing actions other than for the recovery of real property.

SECTION 89. Periods of limitation prescribed..

SECTION 94. Within one year.

95. When cause of action accrued in an action upon a current account..

96. Actions for penalties, &c., by any person who will sue, when to be

brought...

97. Actions for relief not before provided for..

98. Actions by the people subject to the same limitation..

CHAPTER IV.-General provisions as to the time of commencing actions.

SECTION 99. When action deemed to have been commenced..

428

100. Exception where defendant is out of the state.

101. Exceptions as to persons under disabilities....

431

436

102. Provision where person entitled dies before the limitation expires.. 437

103. In suits by aliens. time of war to be deducted.......

439

104. Provision where judgment has been reversed..

439

105. Time of stay of action by injunction or statutory prohibition to be

deducted....

440

106. Disability must exist when right of action accrued

441

107. Where two or more disabilities, limitation does not attach until all

removed..

441

108. This title not applicable to bills, &c., of corporations, or to bank

notes...

109. Not applicable to actions against directors or stockholders of mon-

eyed corporations, or banking association; limitations in such

cases prescribed.......

441

110. Acknowledgment or new promise must be in writing..

442

TITLE III.

OF THE PARTIES TO CIVIL ACTIONS.

SECTION 111. Action to be in the name of the real party in interest..

451

112. Assignment of a thing in action not to prejudice a defense.

113. Executor or trustee may sue without the persons beneficially

interested.

492

505

114. When married woman is party, her husband to be joined, except,

119. Parties united in interest, when to be joined. When one or more

may sue or defend for the whole.....

618

120. Plaintiff may sue in one action the different parties to commercial

paper..

629

121. Action when not to abate by death, marriage, or other disability,

&c. Proceedings in such case

635

122. Court when to decide controversy, or to order other parties to be

brought in..

655

TITLE IV.

OF THE PLACE OF TRIAL OF CIVIL ACTIONS.

SECTION 123. Certain actions to be tried where the subject, or some part thereof,

is situated......

124. Other actions, where the canse or some part thereof, arose..

674

677

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The Code of Procedure of the State of New York, Unabridged: Including All ...