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§ 1234. [Am'd 1895, amendment to take effect January 1 1896.) A motion for judgment, upon a verdict subject to tbe opinion of the court, may be made by either party; an must be heard and decided at term of the appellate divi

sion of the supreme court. 46 N. Y. Sup.

$ 1235. Where final judgment is rendered for a sum o er. Ct. (J. & money, awarded by a verdict, report, or decision, interes S.) 134.

upon the sum awarded, from the time when the verdict wa rendered, or the report or decision was made, to the time o entering judgment, must be computed by the clerk, added to the sum awarded, and included in the amount of the judg

ment. 82 N. Y. 366; $ 12:36. Clerk to keep judgment book; judgment ti 119 Id. 153. be entered therein. [Ai'd 1897.)-Every interlocutor

judgment or final judgment shall be signed by the cler and filed in his office, and such signing and filing shall con stitute the entry of the judgment. The clerk shall, in ad dition to the docket-books required to be kept by law, kee a book, styled the “judgment-book," in which he shal record all judgments entered in his office.

* See L. 1897 o 187 providing that every interlocutory or final judg inent heretofore filed for entry shall be deemed to have been duly en tered, as required by law, as of the time of such filing, and the eutri of every such judgment is hereby confirmed.

$ 1237. [Amd 1877, 1879.] The clerk, upon entering fina 24 N.Y.State Rep. 229. judgment, must immediately file the judgment-roll ; which 119 N. Y. 153. must consist, except where special provision is otherwise

made by law, of the following papers: the summons; the pleadings, or copies thereof; the final judgment, and the in terlocutory judgment, if any, or copies thereof; and each paper on file, or a copy thereof, and a copy of each order which in any way involves the merits, or necessarily affects the judgment. If judgment is taken by default, the judg. ment-roll must also contain the papers required to be filed, upon so taking judgment, or upon making application therefor together with any report, decision, or writ of inquiry, and return thereto. Il judgment is taken after a trial, the judy. ment-roll must contain the verdict, report, or decision ; each offer, if any, made as prescribed in this act; and the excep

tions or case, then on file. 89 N. Y. 366. § 1238. The judgment-roll must be prepared, and fur.

nished to the clerk, by the attorney, for the party, at whose instance the final judgment is entered ; except that the clerk must attach thereto the necessary original papers, on file. But the clerk may, at his option, make up the entire judyment-roll.

S 1239. The clerk must make a minute, upon the back of each judgment-roll, filed in his office, of the time of filing it, specifying the year, month, day, hour, and minute. ceeding to enforce or collect a final judgment, cannot be

taken, until the judgment-roll is filed. 25 Hun, 587.

$ 1240. In either of the following cases, a final judgment 30 Abb. N.C. may be enforced by execution : 34; 137 Id. 1. Where it is for a sum of money, in favor of either party ;

or directs the payment of a sum of money.

2. Where it is in favor of the plaintiff, in an action of ejectment, or for dower.

3. In an action to recover a chattel, where it awards a chattel to either party.

A pro

552

1.613.

$ 1241. In either of the following cases, a judgment may 19:0, 487; be enforced, by serving a certified copy thereof, upon the

party against whom it is rendered, or the officer or person, .N.C. who is required thereby, or by law, to obey it; and, if he re

237 Id.

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The Union Surety and GuarantyGo.

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$ 1242-1244

JUDGMENT. Pues or wilfully neglects to obey it, by punishing him for a 4 Civ Pro, contempt of the court :

149. 1. Where the judgment is final, and cannot be enforced by 41 Hun, 351. execution, as prescribed in the last section.

2. Where the judgment is final, and part of it cannot be enforced by execution, as prescribed in the last section ; in which case, the part or parts, which cannot be so enforced, ma; be enforced as prescribed in this section.

3. Where the judgment is interlocutory, and requires a party to do, or to refrain from doing, an act ; except in a case Specified in the next subdivision. 4. Where the judgment requires the payment of money in

15 Misc. 364. to court, or to an officer of the court ; except where the money is due upon a contract, express or implied, or as damages for non-performance of a contract. In a case specified in this subdivision, if the judgment is final, it may be enforeed as preseribed in this section, either simultaneously with, or before or after the issuing of an execution thereupon, as the court directs.

1242, [Amd 1877.) Except where special provision is otherwise made by law, real property, adjudged to be sold, must be sold in the county where it is situated, by the sheriff of the county, or by a referee appointed by the court for that purpose, who must execute a conveyance to the purchaser. The conveyance is effectual, to pass the right, title, or interest of a party, adjudged to be sold. But nothing contained in this section shall be deemed to repeal or modify the proVisions of any law specially regulating the sale of real property under a judgment or decree of any court in any particular county of the State.

$ 1243. (Amd 1877.) Where a referee is appointed by the court, to sell real property, the court may provide for his giving such security, as the court deems just, for the proper application of the money received upon the sale ; or for the payment thereof by the purchaser, directly to the person or persons entitled thereto, or their attorneys.

$ 1244. (Amd 1877, 1879.) A conveyance of property, sold by virtue of an execution, or sold pursuant to a judg

12 Hun, 577 hent, which specifies the particular party or parties, whose right, title or interest is directed to be sold, must distinetly state, in the granting, clause thereof, whose right, title or Interest was sold, and is conveyed, without naming, in that cause, any of the other parties to the action; otherwise, the purchaser is not bound to accept the conveyance, and the offiGr executing it is liable for the damages, which the purchaser sustains by the omission, whether he accepts or refuses to accept it.

ARTICLE THIRD.
DICKETING A JUDGMENT ; EFFECT THEREOF AS A LIEN UPON

REAL PROPERTY; SUSPENDING AND DISCHARGING THE

LIEN; SATISFACTION AND ASSIGNMENT OF A JUDGMENT. | 1245. Certain clerks to keep 2 1250. Judgment not to be a lien docket-books.

until docketed. 1246. Id.; to docket judgments. 1251. Real property bound for 1247. Filing transcripts, and

ten years by a judg. docketing judgments

ment thus docketed. thereon.

1252. Real property may be 1248. Penalty for clerk's neg.

levied upon after ten

years. 1949. Dockets to be public.

1253. Land held under con.

lect.

tract not bound by 2 1263. Assignee who is a receir. judgment.

er, etc., may file notice. 2 1254. Preference of mortgages 1264. Entry in docket, un for purchase money.

return of

execution 1255. Certain time not to be in.

satisfied. cluded in the ten years. 1265, Id.; where execution re1256. Court may order lien of

turned unsatisfied. judgment to

be sus

1266. Sheriff to give copy of pended upon appeal.

satisfied execution; 1257. From what time order

clerk to enter satisfac. suspends the lien.

tion. 1258. How lien suspended in 1267. Docket; when to be disany other county.

charged and cancelled. 1259. When and how lien re- 1268. Discharge of a judgment stored.

against a bankrupt. 1260. Docket of judgment, how 1269, Power of courts respectcancelled.

ing docket. 1261, Satisfaction-piece to be 1270. Clerk to file and note given on payment of

assignment of judgment. judgment.

1272. To what judgments and 1262. Assignor must acknowl

executions this article edge assignment,

applies. 1692, 1394,

$ 1245. [Am'd 1895, amendment to take effect January 1, Consol. Act. 1896.] Each county clerk, and the clerk of the city court of 6 Misc. 399. the city of New York, must keep one or more books, rulet

in columns, convenient for making the entries, prescribed in the next section; in which he must docket, in its regular order, and according to its priority, ench judgment, which he required by this article to docket. The expense of procuring a new book, when necessary, is a county charge.

$ 1246. Each clerk, specified in the last section, must, when he files a judgment-roll, upon a judgment, rendered in a court of which he is clerk, docket the judgment, by entering, in the proper docket-book, the following particulars under the initial letter of the surname of the judgment debwr, in its alphabetical order :

1. The name, at length, of the judgment debtor ; and also his residence, title, and trade or profession, if any of them are stated in the judgment.

2. The name of the party, in whose favor the judgment was rendered.

3. The sum, recovered or directed to be paid, in figures.

4. The day, hour, and minute, when the judgment-roll was filed.

5. The day, hour, and minute, when the judgment was docketed in his office.

6. The court in which the judgment was rendered, and if it was rendered in the supreme court, the county where the judgment-roll is filed.

7. The name of the attorney for the party recovering the judgment.

If there are two or more judgment debtors, those entries must be repeated, under the initial letter of the surname of each.

$ 1247. A clerk, with whom a judgment-roll is filed, up on a judgment docketed as prescribed in the last section, must furnish, to any person applying therefor, and paying the fees allowed by law, one or more transcripts of the docket of the judgment, attested by his signature. A county clerk. to whom such a transcript is presented, must, upon payment of his fees therefor, immediately tile it, and docket tbe judg.

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