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10 Daly, 417. § 1188 Where a special finding is inconsistent with a 80 Hun, 567. general verdict, the former controls the latter, and the court

must render judgment accordingly.

24 N.Y. Stato $ 1189. (Am’d 1877.) When the jury renders a verdict, Rep. 187. or finds upon one or more specific questions of fact, stated 123 N.Y. 120. under the direction of the court, the clerk must make an entry

in his minutes, specifying the time and place of the trial; the names of the jurors and witnesses; the verdict, or the questions and findings thereupon, as the case requires; and the direction, if any, which the court gives, with respect to the subsequent proceedings. Upon the application of the party in whose favor a general verdict is rendered, the clerk must enter judgment, in conformity to the verdict, unless a different direction is given by the coart, or it is otherwise specially prescribed by law.

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$ 1190. Trials by jary to be as

herein provided ; juries
of part aliens abolish-

ed.
1191. Venire not necessary.
1192. Jurors not to be ques.

tioned for their verdict. 1193. Penalty where juror takes

gift, etc. 1194. Embracery; penalty there

for. 1195. Penalty for juror's non

attendance in special

proceedings. 8 1196. Sheriff, etc., to keep jury

in special proceeding;

penalty. 1197. Notice of imposition of

fine. 1198. Special return of delin

fine

to county court. 1199. Collection or remission

of fine.

quency and

$ 1190. A trial by a jury, of an issue of fact, joined in a civil action, in a court of record, must be had, as prescribed in this chapter; except in a case where it is otherwise speci. ally prescribed by law. An alien is not entitled to a jury, composed in part of aliens or strangers, in an action or special proceeding, civil or criminal.

$ 1191. A venire to procure jurors cannot be issued in a civil action, brought in a court of record, except as specially prescribed by law.

The Union Surety and Guareny By

The Union Surety and Guaranty Ww.

§ 1192. A juror shall not be questioned, and is not subject to an action, or other liability, civil or criminal, for a verdict rendered by him, in an action in a court of record, or not of record, or in a special proceeding before an officer, except by indictment, for corrupt conduct, in a case prescribed by law.

$ 1193. A person, drawn or notified to attend, as a trial juror, in an action in a court of record, or not of record, or in a special proceeding before an officer, who takes anything to render his verdict, or receives, from a party to the action or special proceeding, a gift or gratuity, forfeits ten times the sum, or ten times the value of that, which he took or received, to the party to the action or special proceeding, aggrieved thereby; and is also liable to that party, for his damages sustained thereby; besides being subject to the punishment prescribed by law.

$ 1194. An embraceor, who procures a person, drawn or notified to attend, as a trial juror, to take gain or profit, contrary to the last section, forfeits ten times the sum, or ten times the value of that, which was so taken, to the party ag. grieved thereby; and is also liable to that party for his damages sustained thereby ; besides being subject to the punishment, prescribed by law.

& 1195. A person, who has been lawfully and personally notified to attend, as a trial juror, to inquire into a matter or thing, or to hear and try a controversy, in a special proceeding, pending before a judge, justice of the peace, commissioner, or other officer, and who wilfully neglects to attend, as required by the notice, may be fined by the officer, in a sum not exceeding twenty-five dollars. But this section does not extend to a case, where special provision is made by law, for punishing the default of a trial juror.

§ 1196. A sheriff, constable, or other officer, who notified jurors to attend, in a case specified in the last section, must, when directed by the officer, before whom the special proceeding is pending, attend, and take charge of the jury. For a wilful neglect to obey such a direction, or for any misconduct, while attending the jury, by which a right or remedy of a party to the special proceeding may be impaired or prejudiced, he must be fined by that officer, in a sum not exceeding twenty-five dollars.

$ 1197. Where a fine is imposed, in a case specified in the last two sections, written notice thereof must be served upon the person fined, to the end that he may apply to the officer imposing it, for the remission of the whole or a part thereof, upon proof that he had a reasonable excuse for his neglect or misconduct, or that other good cause exists for the remission.

$ 1198. If, within thirty days after the service of the notice, the fine has not been remitted by the officer imposing it, he must make a special return of the delinquency or misconduct, for which the fine was imposed, and of the amount of the tine, accompanied with proof, by affidavit, of service of the notice specitied in the last section, to the next term of the county court of the county, in which the delinquent resides.

1

$ 1199. The county clerk must deliver to the district attorney, a copy of the return and of the affidavit, at the time when he delivers to him copies of the minutes of fines, imposed by the county court. The fine must be collected, or it may be remitted or reduced, in the same manner as a fine imposed by the county court, upon a defaulting trial juror.

CHAPTER XI.

JUDGMENTS.
TITLE I-JUDGMENT IN AN ACTION.
TITLE II. -JUDGMENTS TAKEN WITHOUT PROCESS.
TITLE III.-VACATING OR SETTING ASIDE A JUDGMENT, FOR
IRREGULARITY OR ERROR IN FACT

TITLE I.

Judgment in an action.
ARTICLE 1. General provisions,

2. Mode of taking, entering, and enforcing a judgment.
3. Docketing a judgment; effect thereof, as a lien upon real

property; suspending and discharging the lien; 'satisfac.
tion and assignment of a judgment.

ARTICLE FIRST.

GENERAL PROVISIONS. 1200. Definition of final judg. & 1206. Judgment for or against ment.

a married woman. 1202. When judgment may be 1207. When judgment for plainentered.

tift not to exceed judg. 1203. Judgment to be entered

ment demanded. at a term held by one 1208. Rate of damages. judge.

1209. Effect of judgment dis1204, Judgment may be for or

missing the complaint. against any of

the 1210. Judgment against a dead parties.

person. 1205. When a several judgment 1211. Judgment to bear inter

may be taken, $ 1200. (Amd 1877.] A judgment is either interlocu- 1 Month. L. tory or the final determination of the rights of the parties in Bul. 29. the action.

25 Hun, 587. $ 1201. (Repealed 1877. ]

1202. Judgment may be entered in term or vacation, $ 1203. Judgment must be entered, in the first instance, pursuant to the direction of the court, at a term held by one judge ; except where special provision is otherwise made by

est.

law.

$ 1204. Judgment may be given for or against one or 60 How. Pr. more plaintiffs, and for or against one or more defendants. 498. It may determine the ultimate rights of the parties on the 47 N. Y Supsame side, as between themselves; and it may grant, to a de- er. Ct. J. & fendant, any affirmative relief, to which he is entitled.

8.) 174.

87 N. Y. 599. 3 Han, 619; 43 Id. 521; 23 Misc. 625.

$ 1205. Where the action is against two or more defend- 1 Month. L. ants, and a several judgment is proper, the court may, in its Bul. 14. discretion, render judgment, or require the plaintiff to take 16 Misc. 17. judgment, against one or more of the defendants; and direct that the action be severed, and proceed against the others, as the only defendants therein.

6. Civ. Pro. S 1206. Judgment for or against a married woman, may 51.

be rendered and enforced, in a court of record, or not of rec23 Abb. N.C. 3:32.

ord, as if she was single. 85 N. Y.246. $ 1207. Where there is no answer, the judgment shall 12 Abb. N. not be more favorable to the plaintiff, than that demanded in C. 12.

the complaint. Where there is an answer, the court may per13. Abb. N. mit the plaintiff to take any judgment, consistent with the C. 210. 6 Civ. Pro.

case made by the complaint, and embraced within the issue. 158.

96 N. Y. 108; 5 N. Y. State Rep. 216; 15 Id. 644; 144 N Y 326, 155 Id, 525. 134 N.Y. 219.

$ 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which he might

have heretofore recovered, for the same cause of action. 14 Misc. 538.

$ 1209. [Amd 1877.) A final judgment, dismissing the 92 Hun, 81.

complaint, either before or after a trial, rendered in an action hereafter commenced, does not prevent a new action for the same cause of action, unless it expressly declares or it appears by the judgment-roll, that it is rendered upon the

merits. 77 N. Y. 615.

§ 1210. Where a judgment for a sum of money, or directing the payment of money, is entered against a party, after his death, in a case where it may be so taken, by special provision of law, a memorandum of the party's death must be entered, with the judgment, in the judgment-book, indorsed on the judgment-roll, and noted on the margin of the docket of the judgment. Such a judgment does not become a lien upon the real property, or chattels real, of the decedent ; but it establishes à debt, to be paid in the course of administration.

$ 1211. A judgment for a sum of money, rendered in a court of record, or not of record, or a judgment rendered in a court of record, directing the payment of money, bears interest from the time when it is entered. But where a judgment directs that money paid out shall be refunded or repaid, the direction includes interest from the time when the money was paid, unless the contrary is expressed.

ARTICLE SECOND. MODE OF TAKING, ENTERING, AND ENFORCING A JUDGMENT. & 1212. Judgment by default, in 2 1220. When action may

be certain actions on con.

severed, if issues of tract; how taken.

law and issues of fact 1213. Amount of judgment in

presented. such cases; how de- 1221. Judgment how taken, aftermined.

ter trial of issues of 1214. Application to court for

law and issues of faet, judgment by default ;

in the same action. when necessary.

1222. Id.; after trial of issue of 1215. Proceedings on such an

law only. application.

1223. Proceedings upon appli1216. Application forjudgment,

cation under the last in case of service by

two sections. publication.

1224. Id.; upon interlocutory 1217. Attachment and under

judgment, etc., affirmed taking for restitution,

at a term of theappellate required in certain ac.

division of the supreme tions.

court. 1218. When judgment cannot 1225. Judgment, after trial by be taken against in.

jury of specific quesfant.

tions of fact. 1219. When a defendant in de- 1226. Id.; after reference to de. fault is entitled to no

termine specific ques tice.

tions of fact,

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