Citation Numbers: 3 How. Pr. 318
Judges: Harris
Filed Date: 10/30/1848
Status: Precedential
Modified Date: 1/12/2023
A proceeding for the partition of lands is clearly an action, within the definition contained in the second section of the code. It is insisted by the counsel for the Defendant that the proceedings for partition being provided for by the third title of chapter five of the third part of the Revised Statutes,” are by the 390th section of the code excepted from its operation, and that, therefore, such proceedings can only be instituted by petition as prescribed in the title of the Revised Statutes referred to. But I think the section of the code upon which the Defendant relies to sustain his position, cannot be so construed; for after excepting from the operation of the code certain proceedings authorized by the Revised Statutes, including partition, the same section proceeds to say “ that when, in the course of any such proceedings, or in consequence thereof,