CHANGE OF NAME 1409. [§ 96] Code of Civil Procedure, § 2140. The italicized words are made necessary by the change in practice. 491 nn. 1409 1420 Questions reviewable in such action Proceedings 1 410. [§ 97] Code of Civil Procedure, § 2145. The italicized words are intended to make the section conform before body to the new practice. or officer under review ARTICLE 10 CHANGE OF NAME 1411. The proceeding for a change of name as it was found in the General note Code of Civil Procedure included a change of the name of a corporation as well as that of an individual. The portion relating to the change of the name of a corporation was removed heretofore to the General Corporation Law and the remaining part of the code applying to the change of the name of an individual is now removed to the Civil Rights Law. This is a type of proceeding that it is deemed best to preserve as such. 1412. [§ 98] Code of Civil Procedure, § 2410. 1413. [§ 99] Code of Civil Procedure, § 2412. 1414. [§ 100] Code of Civil Procedure, § 2413. 1415. [§ 101] Code of Civil Procedure, § 2414. 1416. [§ 102] Code of Civil Procedure, § 2415 ARTICLE 11 1417. [§ 103] Code of Civil Procedure, § 382 Pt. 1418. [§ 104] Code of Civil Procedure, § 549 Pt. ARTICLE 12 1419. [§ 105] Code of Civil Procedure, § 1985 Pt. 1420. [§ 106] Code of Civil Procedure, § 1375. Petition for change of name Contents Notice Order Effect Action on contract Action upon contract after failure to prove fraud No execution Execution of nn. 1421 1431 1421. [§ 107] Code of Civil Procedure, § 1377. Execution after five years Stay as affect ing issuance of execution Hours between which execution must be 1422. [§ 108] Code of Civil Procedure, § 1382. General Rules of Practice, r. 67, omitted, being sufficiently covered by rules: "No order to stay a sale under judgment in partition or for the foreclosure of a mortgage shall be granted or made by a judge out of court, except upon a notice of at least two days to the plaintiff's attorney." (r. 67.) 1423. [109] Code of Civil Procedure, §§ 1384 Pt., (first sentence); 2252 (remainder). enforced Execution upon judgment by con.ession Execution against unknown person in partition Officer or person authorized to enforce execution Discharging levy after appeal Execution against person Execution against person of joint debtors Execution against person of woman Execution against person after that against property 1424. [§ 110] Code of Civil Procedure, § 1277 Pt. 1425. [§ 111] Code of Civil Procedure, § 1559 Pt. 1426. [§ 112] Code of Civil Porcedure, § 1362. 1427. [§ 113] Code of Civil Procedure, § 1311. 1428. [§ 114] Code of Civil Procedure, § 1487. 1429. [115] Code of Civil Procedure, § 1935. 1430. [§ 116] Code of Civil Procedure, § 1488. 1431. [§ 117] Code of Civil Procedure, § 1489. FRAUD 1432. [§ 118] Code of Civil Procedure, §§ 127 Pt., 1492. 493 nn. 1432 1439 HABEAS CORPUS OR CERTIORARI FOR DETENTION 1438. The proceeding by habeas corpus or certiorari to review General note the detention of a person imprisoned or restrained of his liberty has been preserved as a proceeding because of the provision of the constitution which provides that: "the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension " (Art. 1, § 4). By reason of the existence of this constitutional prohibition. it has been deemed best to preserve this proceeding intact and the only change made has been to transfer it from the Code of Civil Procedure to the Civil Rights Law where matters of a similar nature fu ndamental in their character are to be found. 1439. [§ 124] Code of Civil Procedure, §§ 2015, 2016. Allowance of habeas corpus or certiorari nn. 1440 1455 Application generally Application by people Contents of petition Penalty for refusing writ Issuance of writ Form of habeas corpus Form of certiorari When returnable Technical errors in writs Issuance without application Service of habeas corpus or certiorari Service of habeas corpus and fees Obedience to writ and return Contents of return Production of prisoner Appearances 1440. [§ 125] Code of Civil Procedure, §§ 2017, 2018. 1441. [§ 126] Code of Civil Procedure, § 1993. 1442. [§ 127] Code of Civil Procedure, § 2019. 1443. [§ 128] Code of Civil Procedure, § 2020. 1444. [129] Code of Civil Procedure, §§ 1992, 1994, 1993. 1445. [§ 130] Code of Civil Procedure, § 2021. 1446. 1447. [§ 132] Code of Civil Procedure, §§ 1998, 2023. 1448. [§ 133] Code of Civil Procedure, § 2024. 1449. [§ 134] Code of Civil Procedure, § 2025. 1450. [§ 135] Code of Civil Procedure, § 2003, omitted as inapplicable: "Except where special provision is otherwise made in this act, a State writ must be personally served, in like manner as a summons, issued out of the supreme court; and each provision of this act, relating to the personal service of such a summons upon a defendant, applies to the service of a State writ." (Code, § 1999.) 1451. [§ 136] Code of Civil Procedure, §§ 2000, 2001, 2002. 1452. [§ 137] Code of Civil Procedure, §§ 2004, 2005, 2006. 1453. [§ 138] Code of Civil Procedure, § 2026. 1454. [§ 139] Code of Civil Procedure, § 2027. 1455. [§ 140] Code of Civil Procedure, § 1995. HABEAS CORPUS OR CERTIORARI FOR DETENTION 1456. [§ 141] Code of Civil Procedure, § 2028. 1457. [§ 142] Code of Civil Procedure, § 2029. 1458. [§ 143] Code of Civil Procedure, § 2030. 1459. [§ 144] Code of Civil Procedure, § 2031. 1460. [§ 145] Code of Civil Procedure, § 2032. 1461. [§ 146] Code of Civil Procedure, § 2033. 1462. [§ 147] Code of Civil Procedure, § 2035. 1463. [§ 148] Code of Civil Procedure, § 2036. 1464. [§ 149] Code of Civil Procedure, § 2037. 1465. [150] Code of Civil Procedure, § 2038. 1469. [§ 154] Code of Civil Procedure, § 2043. 1470. [§ 155] Code of Civil Procedure, § 2044. 1471. [§ 156] Code of Civil Procedure, §§ 2045, 2046. 1472. [157] Code of Civil Procedure, § 2047. 1473. [§ 158] Code of Civil Procedure, § 2048. 1474. [§ 159] Code of Civil Procedure, § 2049. 495 nn. 14561475 Disobedience Precept Proceedings Commitment to another officer Custody of prisoner pending proceedings Notice Answer to return Sickness of prisoner Certiorari instead of habeas corpus Final discharge of prisoner Habeas corpus after issuance of certiorari Bail on certiorari Discharge of prisoner bailed Service of final discharge Enforcement of discharge Reimprisonment |