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NOTE TO NINTH EDITION.
Following the Index are “ ADDITIONAL NOTES," arranged accord-
case be had to the “Additional Notes.” Their arrangement makes
Besides these additional notes, in an Appendix will be found the
[The figures within brackets, placed after the number of the section, show
To simplify and abridge the practice, pleadings, and proceed-
ings of the courts of this State.
WHEREAS, it is expedient that the present forms of actions and
The People of the State of New York, represented in Senato
and Assembly, do enact as follows :
GENERAL DEFINITIONS AND DIVISIONS.
7. Civil and criminal remedies not merged in each other.
An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. 2. WHAT IS AN ACTION :
A creditor's suit (Quick v. Keeler, 2 Sand. 231 ; Dunham v. Nicholson, ib.
636). A proceeding for partition (Backus v. Stillwell, 3 How. 318; 1 Code R.
70; Myers v. Rasback, 2 Code R. 13; 4 How. 83; Myers v. Borland, ib. ;
qualified, Traver v. Traver, 3 ib. 351).
Bank, 2 Duer, 632).
Provost, 3 Abb. 446).
result in a judgment (Harris, J. The People v. County Judge of Rennse
laer, 13 How. 400.) A proceeding by mandamus (The People v. Colborne, 20 How. 378.) A summary proceeding by a landlord to dispossess a tenant (Deuel v.
Rust, 24 Barb. 444). 6. WHAT IS NOT AN ACTION :
A proceeding under section 376 of the Code (Mills v. Thursby, 2 Abb.
303; 1 Code R. 65).
9 Barb. 297).
Coe, 14 Abb. 86).
v. Cook, 15 Abb. 308 note).
WHAT IS A SPECIAL PROCEEDING.
Commissioners of Highways (The People v. Flake, 14 How. 527).
Laws of 1847, ch. 210 (Ex parte Ran om, 3 Code R. 148).
taken under the general Railroad Act (Re N. Y. Cent. R. R. Co v.
Marvin, 1 Kernan, 277).
12 How. 97.)
A proceeding to attach for contempt (Holstein v. Rice, 15 Abb. 307;
Gray v. Cook, 15 Abb. 308 note).
A proceeding supplementary to an execution (Dresser v. Van Pelt, 15
84. [4.] Division of actions.
$5. [5.] (Am’d 1849.) Criminal action.
A criminal action is prosecuted by the people of the State, as a party, against a person charged with a public offence, for the punishment thereof.
$ 6. [6.] Civil action.
$ 7. [7.] Remedies not merged.
Where the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.
$ 8. (8.) (Am'd 1849.) Division of act. This act is divided into two parts: The first relates to the courts of justice, and their jurisdic
The second relates to civil actions commenced in the courts of this state after the first day of July, 1848, except when otherwise provided therein, and is distributed into fifteen titles. The first four (S$ 69 to 126, both inclusive) relate to actions in all the courts of the State ; and the others, to actions in the supreme court, in the county courts, in the superior court of the city of New York, in the court of common pleas for the city and county of New York, in the mayor's courts of cities, and in the recorders' courts of cities, and to appeals to the court of appeals, to the supreme court, to the county courts, and to the superior court of the city of New York.
b. This section limits the provisions of the code to proceedings in suits com menced after the code took effect. (Merritt v. Wing, 4 How. 14; Clarke v. Cramo