Practice and Pleading Under the Code; With Appendix of Forms, and Text of Code and Rules Volume 2

Practice and Pleading Under the Code; With Appendix of Forms, and Text of Code and Rules Volume 2

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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. 1854 edition. Excerpt: ...in the nature of judgments, final decrees, or final orders upon summary applications after judgment. In the latter case, this court has held that it refers to some proceeding based upon the judgment or decree, and assuming its validity; as a proceeding against the judgment debtor under section 247, or an application of a judgment creditor for the surplus on a foreclosure, and cases of that kind." (1 Comst. 187.) "III. The 457th section of the Code of 1849, does not afi'ect the case. That refers to judgments, orders, and decrees, made before the first day of July, 1848. It also restricts'the right of appeal, to cases where a right of review existed, before the Code went into operation. No such right, in a case like this, existed before the Code." "The appeal should, therefore, be dismissed." The above are all the provisions in relation to the retrospective efi'ect of the Code, as they stand in the amended measure of 1851. They supersede in effect, as before noticed, the greater portions of the supplemental act. As, however, questions in regard to the operation of the latter may still often arise, and as some of its provisions may be held to be still applicable, and those of section 9 are unquestionably so; a short notice of that act, as last amended in 1849, is subjoined. 316. Supplemental Act, Notice of. The act in question, originally passed in connection with the first Code, and amended simultaneously with that of 1849, after noticing the general measure, is sec. 1, as designated by the name of "The Code of Procedure," proceeds as follows: P/'ov1L'i0ns of Code made retrospective in. Terr/ts.--By section 2, the following provisions of the Code of 18-19, are in terms rendered...show more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236857291
  • 9781236857293