19 Hun, 74. 4 9. 19 Hun, 74; Id. 303. low, and annexed to the judgment-roll. An exception is not necessary, to enable the court of appeals to review the de termination of a question of law, arising upon the verdict. A certified copy of the case must be transmitted to the court of appeals, instead of the case, upon which the judgment of the court below was rendered. The court below, or a judge there of, may extend the time, limited by law, within which the papers must be transmitted to the court of appeals, for the purpose of enabling the appellant to procure the case to be prepared or settled. TITLE III. Appeal to the supreme court from an inferior court. 1340. Appeal from judgment. stay of proceedings. 1341. Limitation of time; se- ? 1344. Appeal, where and how curity. 1342. Appeal from order. 1343. Limitation of time and heard. 1345. Judgment,or order,where entered. § 1340. [Im'd 1888.] An appeal may be taken to the supreme court, from a final judgment, rendered by a county court, or by any other court of record possessing original jurisdiction, where an appeal therefrom to a court other than the supreme court is not expressly given by statute, and upon such appeal, an order granting or refusing a new trial for any of the causes mentioned in section nine hundred and ninetynine of this act, made by any of said courts, and questions of fact may be reviewed in the same manner, and to the same extent as questions of fact may now be reviewed, upon appeal to the general term of the supreme court from a final judg ment and order, granting or refusing a new trial, rendered by the same court. § 1341. [Am'd 1877, 1890.] An appeal authorized by the last section must be taken within thirty days after service upon the attorney for the appellant, of the copy of the judgment, and written notice of the entry thereof; security is not required to perfect the appeal, but to stay the execution of the judgment security must be given, and the sureties may be excepted to, and must justify, as upon an appeal to the court of appeals, from a judgment of the same amount, or to the same effect. § 1342. [Am'd 1881.] An appeal may also be taken to the supreme court, from an order affecting a substantial right, made by the court or a judge, in an action brought in, or taken by appeal to, a court specified in the last section but one. § 1343. [Am'd 1877.] An appeal, authorized by the last section, must be taken, within sixty days after service upon the attorney for the appellant, of a copy of the order, and written notice of the entry thereof. Security is not required to perfect it; but it does not stay the execution of the order from which it is taken. The appellate court, or a judge thereof, may direct such a stay, upon such terms, as to security or otherwise, as justice requires. § 1344. An appeal, taken as prescribed in this title, must be heard at the general term. The provisions of title fourth of this chapter, relating to the hearing of appeals, taken i the supreme court, and to the subsequent proceedings thereupon, apply to an appeal, taken as prescribed in this title, ex cept as specified in the next section. § 1345. A judgment of the supreme court, rendered up- 29 Abb N.C an appeal authorized by this title, must be entered in the 479. dgment-book, kept in the office of the clerk of the county, herein the court below is located. The judgment-roll must e filed in the same office; and must consist of a certified copy the judgment, annexed to the papers transmitted from the ourt below. An order of the supreme court, made upon such n appeal, must be entered, and the papers, upon which the ppeal was heard, must be filed, in the office of the same erk. The filing of the judgment-roll, or the entry of the der, as prescribed in this section, is a sufficient authority or any proceeding in the court below, or before the judge, ho made the order appealed from which the judgment or rder of the appellate court directs or permits. But where he execution of the judgment or order of the appellate court stayed, by an appeal to the court of appeals, the proceedgs in the court below, or before the judge who made the rder, are stayed in like manner. TITLE IV. ppeal to the general term of the supreme court, or of a superior city court. § 1346. An appeal may be taken, to the general term of 19 Hun, 7,9. 1. Where the judgment was rendered upon a trial by a ref- $1347. An appeal may be taken, to the general term of 1. Where the order grants, refuses, continues, or modifies a rovisional remedy. 2. Where it grants, or refuses a new trial; except that here specific questions of fact, arising upon the issues, in an ction triable by the court, have been tried by a jury, purant to an order for that purpose, as prescribed in section ine hundred and seventy-one of this act, an appeal cannot be aken from an order, granting or refusing a new trial, upon he merits. 3. Where it involves some part of the merits. 4. Where it affects a substantial right. 5. Where, in effect, it determines the action, and prevents judgment, from which an appeal might be taken. 6. Where it determines a statutory provision of the State to 47 Hun, 152. 123 N. Y. 120. 35 Hun, 434. 87 N. Y. 409. 1 Month. L. Bul. 29. 93 N. Y. 650; 121 Id. 156. 42 Hun, 320. 1 Month. L. Bul. 29. 121 N. Y. 57. 1 Month. L. Bul. 29. 78 N. Y. 228. 20 Hun, 676; 25 Id. 316; 13 Civ. Pro. 12 Id. 320. 220. 6 Dem. 287. 8 N.Y. State Rep. 893. 3 N.Y.Supp. 830. 25 Hun, 316. 6 Civ. Pro. 40 Hun, 557. 15 Civ. Pro: 259. 42. be unconstitutional; and the determination appears from the reasons given for the decision thereupon, or is necessarily implied in the decision. An order, made upon a summary application, after judg ment, is deemed to have been made, in the action, within the meaning of this section. § 1348. An appeal may also be taken, to the general term of either of those courts, from an order, made in an action, upon notice, by a judge, out of court, in a case where an ap peal might have been taken, as prescribed in the last section, if the order had been made by the court. § 1349. [Am'd 1893.] An appeal may also be taken to the general term of either of those courts, from an interlocutory judgment rendered at a special term or trial term of the same court, or, in the supreme court, at a term of the circuit court, or entered upon the report of a referee. § 1350. Where final judgment is taken, at a special term or trial term, or pursuant to the directions of a referee, after the affirmance, upon an appeal to the general term, of an interlocutory judgment; or after the refusal, by the general term, of a new trial, either upon an application, made, in the first instance, at the general term, or upon an appeal from an order of the special term, or of the judge, before whom the issues, or questions of fact, were tried by a jury; an appeal to the general term from the final judgment brings up, for review, only the proceedings to take the final judgment, or upon which the final judgment was taken, including the hearing or trial of the other issues in the action, if any. If an appeal is taken, to the court of appeals, from the determination of the general term, upon the appeal from the final judgment, the determination of the general term, affirming the interlocutory judgment or refusing the new trial, may, at the elec tion of either party, be reviewed thereupon. If the respondent elects to bring it up for review, he inay take a cross-appeal therefrom, notwithstanding the expiration of the time to take an original appeal therefrom. § 1351. An appeal, authorized by this title, must be taken, within thirty days after service, upon the attorney for the appellant, of a copy of the judgment or order appealed from, and a written notice of the entry thereof. Security is not required to perfect the appeal; but, except where it is other wise specially prescribed by law, the appeal does not stay the execution of the judgment or order appealed from; unless the court, in or from which the appeal is taken, or a judge thereof, makes an order, directing such a stay. Such an order may be made, and may, from time to time, be modi fied, upon such terms as to security or otherwise, as justice requires. If security is given, either as a condition of granting the order, or as prescribed in the next section, the provi sions of title second of this chapter apply thereto, as if the general term was specified in those provisions, in place of the appellate court, and a judge of the same court, in place of a judge of the court below. § 1352. Upon an appeal from a final judgment, taken as prescribed in this title, the appellant may give the security, required to perfect an appeal to the court of appeals, from's judgment of the same amount, or to the same effect; and to stay the execution thereof. In that case, the execution of the judgment appealed from is stayed, as upon an appeal to the court of appeals, and subject to the same conditions. 1353. An appeal from a final judgment, taken as preibed in this title, must be heard upon a certified copy of notice of appeal, of the judgment-roll, and of the case or ice of exceptions, if any, filed, as prescribed by law or the neral rules of practice, after the entry of the judgment, d either before or after the appeal is taken. An appeal m an interlocutory judgment, or from an order, taken as escribed in this title, must be heard upon a certified copy of e notice of appeal, and of the papers used before the court, the judge, upon the hearing of the demurrer, application judgment, or motion, as the case requires. 1354. [Am'd 1879.] When judgment of affirmance is idered upon the appeal, the judgment-roll consists of a py of the judgment annexed to the papers, upon which the peal was heard. Where subsequent proceedings are taken, the special term or trial term, before the entry of final dgment, the judgment-roll must also contain the proper pers relating thereto. 1355. An appeal taken to the general term of the sueme court, as prescribed in this title, must be heard in the partment, embracing the county, in which the judgment or der appealed from is entered; unless an order is made, as escribed in section two hundred and thirty-one of this act, recting that it be heard in another department. The judgent rendered, or the order made, upon the appeal, must be tered, and the judgment-roll, or the papers upon which the peal was determined, as the case requires, must be filed, in e office of the clerk of the county, where the judgment or der appealed from is entered. If the appeal is determined a general term, held in another county, the clerk of that unty must, at the expense of the successful party, transmit certified copy of the determination, and the other papers, if y, required to be filed, to the clerk of the county where the dgment or order is to be entered. TITLE V. peal from a final determination in a special proceeding. 1357. Id.; when made by anoth- 359. Limitation of time to ap peal. 2 1360. Stay of proceedings; 1361. This title qualified. Ap- 40 Hun, 545. 82 N. Y. 366. § 1356. [Am'd 1877.] An appeal may be taken, to the gen- 43 Hun, 505. al term of the supreme court, or of a superior city court, om an order, affecting a substantial right, made in a special oceeding, at a special term or a trial term of the same urt, or, in the supreme court, at a term of a circuit court; made by a judge of the same court, in a special proceeding stituted before him, pursuant to a special statutory prosion; or instituted before another judge, and transferred or continued before him. 16 Abb. N. § 1357. [Am'd 1877.] An appeal may also be taken to e supreme court, from an order, affecting a substantial C. 282. ght, made by a court of record, possessing original jurisdic- 107 N. Y. 272. n, or a judge thereof, in a special proceeding instituted in at court, or before a judge thereof, pursuant to a special atutory provision; or instituted before another judge, and ansferred to, or continued before, the judge who made the final order. But this section does not apply to a case, whe an appeal from the order, to a court, other than the suprem court, is expressly given by statute. $ 1358. [Am'd 1877.] An appeal, authorized by this title brings up for review, any preceding order, made in the course of the special proceeding, involving the merits, and neces sarily affecting the final order appealed from, which is spe fied in the notice of appeal. § 1359. An appeal, authorized by this title, must taken within thirty days after service of a copy of the fin order, from which it is taken, with a written notice of t entry thereof, upon the appellant; or, if he appeared, up the hearing, by an attorney at law or an attorney in fac upon the person who so appeared for him. § 1360. The provisions of title fourth of this chapter, re lating to perfecting an appeal from an order, taken as ther in prescribed; to staying the execution of the order appeale from; to hearing the appeal; and to the entry and enforce ment of the order made upon the appeal apply, where an ap peal is taken, as prescribed in this title, except as otherwis specially prescribed by law. § 1361. This title does not confer the right to appe from an order, in a case, where it is specially prescribed t law, that the order cannot be reviewed. The proceedin upon an appeal, taken as prescribed in this title, are governe by the provisions of this act, and of the general rules of prac tice, relating to an appeal in an action, except as otherwise specially prescribed by law. CHAPTER XIII. EXECUTIONS. TITLE I.-FORMS OF EXECUTION; TIME AND MANNER OF I SUING AN EXECUTION; GENERAL DUTIES AND LIABILITIES OF OFFICERS. TITLE II.-EXECUTION AGAINST PROPERTY. TITLE III.-EXECUTION AGAINST THE PERSON. TITLE I. Forms of execution; time and manner of issuing an exec» tion; general duties and liabilities of officers. 1362. To whom execution di rected; provision where 1363. Time of receipt to be in- 1365. To what counties execu tions may issue. 1366. General requisites of exe- 1367. Id.; when issued on filing 1369. Id.; against property. 1371. Id.; against executor, et 1372. Id.; against the person 1373. Id.; for delivery of pro erty. How mone recovered by sa judgment, may be c lected. 1374. Separate execution where separate su awarded. 1375. Execution of cour within five years. 1376. Execution, after death judgment creditor. 1377. When execution may issued after five yea 1378. Id.; leave, how obtaine 1379. No execution against cedent, except, etc. 1380. Leave required to i execution against cedent's property. |