The Code of Procedure of the State of New York, as Amended to 1864; With Notes, an Appendix, and Index - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ... Chapter VIII. Motions and Orders. Sbotion 400. Definition of an order. 401. Definition of a motion. Motions, how and when made. Motions in the flrst district. Stay of proceedings. Compelling parties to testify on motions. 4112. Notice of motion. 408. In actions in the supreme court, county judge may exercise powers of a judge at chambers. His orders, how reviewed. 404. In absence, &c., of judge at chambers, motion may be transferred to another judge. 405. Enlarging time for the proceedings in an action. § 400. 857. Definition of an order. Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order. § 401. 858 to 862. (Arn'd 1849, 1852, 1858, 1859, 1862.) Definition of a motion. Motions, how and where made. Motions in the first district. Stay of proceedings. Compelling lirties to testify. (1.) An application for an order is a motion. (2.) Motions may be made, in the first judicial district, to a judge or justice out of court, except for a new trial on the merits. (3.) Orders made out of court, without notice, may be made by any judge of the court, in any part of the State; and they may also be made by a county judge of the county where the action is triable, or by the county judge of the county in which the attorney for the moving party resides, except to stay proceedings after verdict. (4.) Motions upon notice must be made within the district in which the action is triable, or in a county adjoining that in which it is triable; except that where the action is triable in the first judicial district, the motion must be made therein, and no motion upon notice can be made in the first judicial district, in an action triable elsewhere. (5.) In all the districts, a...
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