$1197-1199 TITLE TITLE III. HAPTER XI. JUDGMENTS. UDGMENT IN AN ACTION. JUDGMENTS TAKEN WITHOUT PROCESS. - VACATING OR SETTING ASIDE A JUDGMENT, FOR IRREGULARITY OR ERROR IN FACT. TITLE I. Judgment in an action. 2. Mode of taking, entering, and enforcing a judgment. at bel 203. Judgment to be entered at a term held by dge.-Judgment must be entered, in the first in, pursuant to the direction of the court, at a term by one judge; except where special provision is wise made by law. itute for Co. Proc., 278. Hill v. Northrop, 9 How. 525; Masters ard, 6 id. 113; Belknap v. McIntyre, 2 Abb. 366; Moore v. West4 How. 279; Dort v. McAdam, 27 Barb. 187; Hanna v. Dexter, 136; 3 Sandf. 724. See DeLaney v. Blizzard, 7 Hun, 66. 04. Judgment may be for or against any of the -Judgment may be given for or against one or gintiffs, and for or against one or more defendmay determine the ultimate rights of the parsame side, as between themselves;(1) and it to a defendant, any affirmative relief, to entitled.(2) SS 454, 456. entence of 274. (1) Fowler v. Kennedy, 2 Abb. 347; Attenburg, 18 How. 108; Brown v. Richardson, 4 Rob. 603; head v. Allen, 28 Barb. 666; Sluyter v. Smith, 2 Bosw. 673; Mc. Farrell, 4 id. 193; Claflin v. Butterly, 2 Abb. 446; 5 Duer, 327; . Jackson, 16 Barb. 33; Harrington v. Higham, 15 id. 525; Mer- Cooley, 4 How. 272; Niles v. Battershall, 27 id. 381; 18 Abb. 161; v. Lahens, 6 Abb. N. S. 341; McIntosh v. Ensign, 28 N. Y. 169; ll v. James, 1 Daly, 1; Downing v. Mann, 9 How. 204: 3 E. D. 6; Pruyn v. Black, 21 N. Y. 300; People v. Cram, 8 How. 151; 1v. Vanderbilt, 21 Barb. 26; Marquat v. Marquat, 12 N. Y. 342; v. Paine, 17 How, 408; 9 Abb. 28; Wagner v. Bill, 19 Barb. 321; rn v. Chamberlain, 17 id. 446; Lomer v. Meeker, 25 N. Y. 361; Hillman, 15 Abb. 184; Catlin v. Billings, 13 How. 511. (2) Peo & S. R. R. Co., 5 Lans. 25; Roy v. Thompson, 8 How. 253: Wil heeler, 6 id. 49; Potter v. Davison, 8 Abb. 43; Mayor of N. Y. ,4 Abb. N. S. 332; Woolworth v. Bellows, 4 How. 24; Norbury 7. 1d. 73; Stephens v. Hall, 2 Rob. 674; Elliott v. Pell, 1 Paige, vey v. Jarvis, 54 Barb. 179; Wright v. Delafield, 25 N. Y. 266; Ics' Savings Institution v. Roberts, 1 Abb. 382; McNamara v. ara, 9 id. 18; 2 Hilton, 547. 05. When a several judgment may be taken.the action is against two or more defendants, several judgment is proper, the court may, in its tion, render judgment, or require the plaintiff to adgment, against one or more of the defendants; irect that the action be severed, and proceed t the others, as the only defendants therein. econd sentence of 274, am'd. Bacon v. Comstock, 11 How. ell v. Gay, 13 id. 31; Brown v. Richardson, 4 Rob. 603; Catlin v. Abb. 248; Parker v. Jackson, 16 Barb. 83; Harrington v. Hig d. 525; Merrifield v. Cooley, 4 How. 272; Crandall v. Beach, 7 Gardner v. Walker, 22 id, 405. See Genet v. Lawyer, 61 Barb. 211. 06. Judgment for or against a married woman. gment for or against a married woman, may be rendered and enforced, in a court of record, or not of record, as if she was single. Substitute for Co. Proc., part of 274. Hier v. Staples, 51 N. Y. 136; Vosburg v. Brown, 66 Barb. 421; Andrews v. Monilaws, 8 Hun, 65. See Ainsley v. Mead, 3 Lans. 116; Morris v. Wheeler, 45 N. Y. 708; Baldwin . Kimmel, 16 Abb. 353; and 1 Rob. 109; Corn Exchange Ins. Co. v. Babcock, 42 N. Y. 593. $ 1207. When judgment for plaintiff not to exceed judgment demanded. Where there is no answer, the judgment shall not be more favorable to the plaintiff, than that demanded in the complaint. (1) Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. (2) Co. Proc., & 275. (1) Andrews v. Monilaws, 8 Hun, 65; Simonson v. Blake, 12 Abb. 331; 20 How. 484. (2) Marquat v. Marquat, 12 N. Y. 341; Kelly v. Downing, 42 id. 71; Emery v. Pease, 20 id. 62; Jones v. Butler, 20 How. 189; Smith v. Howard, id. 151; Cowenhoven v. City of Brooklyn, 38 Barb. 9; Hartt v. Harvey, 21 How. 382; Bradley v. Aldrich, 40 N. Y. 510; Armitage v. Pulver, 37 id. 494; 5 Trans. App. 188; Mann v. Fairchild, 2 Keyes, 106; Rome, etc., Bank v. Eames, 1 id. 588; Heywood v. City of Buffalo, 14 N. Y. 540; Weatherby v. Wood, 29 How. 404; Beach 2. Cooke, 28 N. Y. 508; N. Y. Ice Co. v. N. W. Ins. Co., 23 id. 357; Bidwell v. Astor Mut. Ins. Co., 16 id. 263: Barlow v. Scott, 24 id. 40; Greason v. Keteltas, 17 id. 491; Durand v. Hankerson, 39 id. 287; Wright v. Hooker, 10 id. 51; Scott v. Pilkington, 15 Abb. 280: Gordon v. Hostetter, 4 Abb. N. S. 263; Colton v. Jones, 7 Rob. 164; Eldridge v. Adams, 54 Tarb. 417; Byxbie v. Wood, 24 N. Y. 607; Bailey v. Ryder, 10 id. 363; lfs v. Genin, 3 Bosw. 250; Redmond v. Dana, id. 615; Boardman v. I Davison, 7 Abb. N. S. 439; Mills v. Van Voorhes, 10 Abb. 160; Salter 1 N. Y. 321; Beecher v. Ackerman, 1 Abb. N. S. 141; Simmons Elridge, 29 How. 309; Towle v. Jones, 19 Abb. 449; Hotopv. Neidig, 17 id. 332; Wood v. Brown, 34 N. Y. 337. t of money, is entered against a party, after his a, in a case where it may be so taken, by special ision of law, a memorandum of the party's death be entered, with the judgment, in the judgment, indorsed on the judgment-roll, and noted on the in of the docket of the judgment. Such a judgE does not become a lien upon the real property, or els real, of the decedent; but it establishes a debt, paid in the course of administration. S. 359, 87 (2 Edm. 372), with amendments. Nichols v. Chapman, d. 455; Livingston v. Rendall, 59 Barb. 493; Stymets v. Brooks, d. 206 211. Judgment to bear interest. - A judgment for n of money, rendered in a court of record, or not of d, or a judgment rendered in a court of record, ding the payment of money, bears interest from the when it is entered.(1) But where a judgment dithat money paid out shall be refunded or repaid, irection includes interest from the time when the y was paid, unless the contrary is expressed. a L. 1844, ch. 324, 1 (4 Edm. 628), as am'd by L. 1869, ch. 807, 1 477). (1) De La Vergne. Evertson, 1 Pai. 181; Stafford . id. 100; Byckman v. Parkins, 5 id. 543; Mower v. Kip, 6 id. 88; Edw. 165; Mason v. Sudam, 2 Johns. Ch. 172; Watson v. Fuller, Mann . N. Y. C., R. R. Co., 12 Abb. N. S. 380. ARTICLE SECOND. | OF TAKING, ENTERING, AND ENFORCING A JUDG MENT. 12. Judgment by default, in certain actious on contract; how taken. 13. Amount of judgment in such cases; how determined. 214. Application to court for judgment by default; when necessary. 215. Proceedings on such an application. 216. Application for Judgment, in case of service by publication, etc. 217. Attachment and undertaking for restitution, required in certain actions. 218. When judgment cannot be taken against infant. 219. When a defendant in default is entitled to notice. 220. When action may be severed, if issues of law and issues of fact presented. 221. Judgment how taken, after trial of issues of law and issues of fact, in the same action. 222. Id.; after trial of issue of law only. 223. Proceedings upon application under the last two sections. 224. Id.; upon interlocutory judgment, etc., affirmed at general term. 225. Judgment, after trial by jury of specific questions of fact. 226. Id.; after reference to determine specific questions of fact. 27. Id.; upon motion for a new trial, heard at general term. 228. Id.; Upon trial by court or referee of the whole issue of frot. SEC. 1229. In matrimonial causes, judgment can be rendered only by the court. 1230. Final judgment upon decision or report awarding interlocu tory judgment, etc. 1231. Id.; how final judgment entered and settled in certain cases. 1232. Interlocutory reference or inquisition; how reviewed. 1233. Motion for judgment upon a special verdict, etc. 1234. Id.; upon verdict subject to opinion of court. 1235. Interest on verdict, etc., to be included in recovery. 1236. Clerk to keep judgment-book; judgment to be entered therein. 1237. Judgment-roll to be filed; of what it consists. 1238. Id.; by whom prepared. 1239. Time of filing judgment-roll to be noted. 1240. When a judgment may be enforced by execution. 1241. When a judgment may be enforced by punishment for diso beying it. 1242. Real property; how sold Effect of conveyance. 1243. Security upon sale by referee. 1244. Conveyance to state name of party. 1 § 1212. [Amended, 1879.] Judgment by default in certain actions on contract; how taken. - In an action specified in section four hundred and twenty of this act, where the summons was personally served upon the defendant, and the copy of the complaint, or a notice stating the sum of money for which judg ment will be taken, was served with the summons, or where the defendant has appeared, but has made default in pleading, the plaintiff may take judgment by default, as follows: 1. If the defendant has made default in appearing, the plaintiff must file proof of the service of the summons, and of a copy of the complaint or the notice; and also proof, by affidavit, that the defendant has not appeared. Whereupon the clerk must enter final judgment in his favor. 2. If the defendant had seasonably appeared, but has made default in pleading,(1) the plaintiff must file proof of the service of the summons and of the appearance or of the appearance only; and also proof, by affidavit, of the default.(2) Whereupon, the clerk must enter final judgment in his favor. If the defendant has made default in appearing or pleading, and the case is not one where the clerk can nter final judgment, as prescribed in either of the regoing subdivisions of this section, the plaintiff st apply to the court for judgment, as prescribed in ion twelve hundred and fourteen of this act. tituted for Co. Proc., 246, part of subd. 1. (1) Broadhead v. end, 4 How. 308; King v. Stafford, 5 id. 30; Saltus 2. Kip, 12 id. uter, 616; 2 Abb. 332: Huffnung v. Grove, 18 id. 14, 142. (2) Prescott, 9 How. 430; Brian v. Casey, 2 Abb. 416; Catin v. Bil |