TITLE 2. Statement ment en tered. § 1275. At any time within three years after the statement is verified, to be filed, it may be filed with a county clerk, or with the clerk of a superior city and judg court, or, where the sum, for which judgment is confessed, does not exceed two thousand dollars, exclusive of interest from the time of making the statement, with the clerk of the marine court of the city of New-York. Thereupon the clerk must enter, in like manner as a judgment is entered in an action, a judgment for the sum confessed, with costs, which he must tax, to the amount of fifteen dollars, besides disbursements taxable in an action. If the statement is filed with a county clerk, the judgment must be entered in the supreme court; if it is filed with the clerk of another court, specified in this section, the judgment must be entered in the court of which he is clerk. But a judgment shall not be entered upon such a statement, after the defendant's death. Judgment. eting and the judg ment. § 1276. The clerk immediately after entering the judgment must roll; dock attach togather and file the statement, as verified, and a copy of the enforcing judgment; which constitutes the judgment-roll. The judgment may be docketed, and enforced against property, in the same manner, and with the same effect, as a judgment in an action, rendered in the same court; and each provision of law, relating to a judgment in an action, and the proceedings subsequent thereto, apply to a judgment thus taken. Execution, where the is not all due. § 1277. Where the debt, for which the judgment is rendered, is not judgment all due, execution may be issued, upon the judgment, for the collection of the sum which has become due. The execution must be in the form prescribed by law, for an execution upon a judgment for the full amount recovered; but the person, whose name is subscribed to it, must indorse thereupon a direction to the sheriff, to collect only the sum due, stating the amount thereof, with interest thereon, and the costs of the judgment. Notwithstanding the issuing and collection of such an execution, the judgment shall remain, as security for the sum or sums to become due, after the execution is issued. When a further sum becomes due, an execution may, in like manner, be issued for the collection thereof; and successive executions may be issued, as further sums become due. Confession by one of several § 1278. One or more joint debtors may confess a judgment for a joint debt, due or to become due. Where all the joint debtors do not unite joint debt- in the confession, the judgment must be entered and enforced against those only who confessed it; and it is not a bar to an action against all the joint debtors, upon the same demand. ors. Controver sy, how without ARTICLE SECOND. SUBMISSION OF A CONTROVERSY, UPON FACTS ADMITTED. SECTION 1279. Controversy, how submitted without process. 1280. Papers to be filed; controversy thereupon becomes an action. 1281. Subsequent proceedings regulated. § 1279. The parties to a question in difference, which might be the submitted subject of an action, being of full age, may agree upon a case, containing a statement of the facts, upon which the controversy depends; and may present a written submission thereof to a court of record, which would have jurisdiction of an action, brought for the same cause process. The case must be accompanied with the affidavit of one of the parties, to the effect, that the controversy is real; and that the submission is made in good faith, for the purpose of determining the rights of the parties. The submission must be acknowledged or proved, and certified, in like manner as a deed, to be recorded in the county where it is filed. TITLE 3. upon be § 1280. The case, submission, and affidavit, must be filed in the office Papers to be filed; of the clerk of the court, to which the submission is made. If the sub- controvermission is made to the supreme court, they must be filed in the office sy thereof the county clerk, if any, specified in the submission; if no county comes an clerk is so specified, they may be filed in the office of any county clerk. action. The filing is a presentation of the submission; and thenceforth the controversy becomes an action; and each provision of law, relating to a proceeding in an action, applies to the subsequent proceedings therein, except as otherwise prescribed in the next section. § 1281. An order of arrest, an injunction, or a warrant of attachment, Subsequent cannot be granted in such an action: the costs thereof are always in ings reguproceedthe discretion of the court, but costs cannot be taxed, for any proceed-lated. ings before notice of trial: the action must be tried by the court, upon the case alone: and the case, submission, affidavit, and a certified copy of the judgment, and of any order or paper, necessarily affecting the judgment, constitute the judgment-roll. If the action is in the supreme court, a superior city court, or the marine court of the city of New-York, it must be tried, and judgment rendered, at the general term. If the statement of facts, contained in the case, is not sufficient to enable the court to render judgment, an order must be made dismissing the submission, without costs to either party; unless the court permits the parties, or, in a proper case, their representatives, to file an additional statement, which it may do, in its discretion, without prejudice to the original statement. TITLE III. Vacating or setting aside a judgment, for irregularity or error in fact. SECTION 1282. Motion to set aside judgment for irregularity; when it may be heard. 1283. Motion to set aside judgment for error in fact; when it may be made by party. 1284. Id.; after a party's death. 1285. Id.; by a person not a party. 1286. Id.; when several parties are entitled to move. 1287. To whom notice of the motion must be given. 1288. Id.; when real property recovered by the judgment has been con veyed. 1289. How notice given under this title. 1290. Within what time motion to be made. Motion to § 1282. A motion to set aside a final judgment, for irregularity, shall not be heard, after the expiration of one year since the filing of the set aside judgment-roll; unless notice thereof is given for a day within the year, for irregu judgment TITLE 3. larity; when it may be heard. Motion to set aside for error in fact; when it may be made by party. Id.; after and either the hearing is adjourned, by one or more orders, until after the expiration of the year; or the term, for which it is thus noticed, is not held. In the latter event, the motion may be re-noticed for, and heard at, the next term at which it can be made, held not less than ten days after the day, when the first term was appointed to be held. § 1283. A motion to set aside a final judgment, rendered in a court of record, for error in fact, not arising upon the trial, may be made by the party against whom it is rendered; or, if an execution has not been issued thereon, and the judgment has not been wholly or partly satisfied or enforced, by the party in whose favor it is rendered. § 1284. A like motion may be made, after the death of a party a party's entitled to make it, as prescribed in the last section, by the following persons: death. Id.; by a person 1. Where the judgment awards a sum of money, or a chattel, or an interest in real property, which is declared by law to be assets, the motion may be made by his executor or administrator. 2. Where the judgment awards real property, or the possession thereof, or where the title to or an estate or interest in real property is determined or affected thereby, the motion may be made by the heir of the decedent, to whom the real property descended, or might have descended, or by the person to whom he devised it. 3. Where the judgment is rendered against or in favor of two or more persons, the motion may be made, jointly, by the survivor, and the person who would have been entitled to make it, if the judgment had been rendered in favor of or against the decedent only. § 1285. A motion may be made, either before or after the death of not a party. the defendant, by a person, who is not a party, to set aside, for error in fact, not arising upon the trial, a judgment, rendered in an action against a tenant for life, or for years, awarding real property, or the possession of real property, in which the person making the motion has an estate, or interest, in reversion or remainder. Id.; when several § 1286. Where two or more persons are entitled to move to set aside parties are a judgment, as prescribed in the last three sections, one or more of entitled to them may move separately; but, in that case, notice of the motion must be given to those who do not join therein, in like manner as if they were adverse parties. move. To whom notice of § 1287. Notice of a motion to set aside a final judgment, for error in the motion fact, not arising upon the trial, must be given to the adverse party, or, must be in case of his death, to each person who might have moved, as against given. the moving party, to set aside the judgment for the same cause, as prescribed in this title. Where the motion is made by the party against whom the judgment is rendered, or by his heir, devisee, executor, or administrator, service of the notice, upon the attorney of record for the party, in whose favor the judgment is rendered, has the like effect, as if it was served upon the party. Id.; when real property recov. § 1288. Where the judgment awards real property, or the possession thereof, or where the title to, or an estate or interest in, real property ered by the is determined or affected thereby, and the real property, or estate or judgment has been interest therein, has been conveyed, by the adverse party, more than conveyed. eight days before the hearing of the motion, notice of the motion must also be given to each actual occupant of the property, claiming under the conveyance. How notice given under this title. § 1289. Notice must be given, in a case specified in this title, by personal service of a written notice, or of an order to show cause why the motion should not be granted; or, if a person entitled to notice cannot, with due diligence, be found within the State, in any manner which the court, or a judge thereof, directs in an order to show cause, or which the court directs in a subsequent order. TITLE 3. what time § 1290. A motion to set aside a final judgment, for error in fact, not Within arising upon the trial, shall not be heard, except as specified in the next motion to section, after the expiration of two years since the filing of the judg- be made. ment-roll, unless notice thereof is given, for a day within the two years; and either the hearing is adjourned, by one or more orders, until after the expiration of the two years; or the term, for which it is thus noticed, is not held. In the latter event, the motion may be re-noticed for, and heard at, the next term at which it can be made, held not less than ten days after the day, when the first term was appointed to be held. § 1291. If the person, against whom the judgment is rendered, is, at Exceptions the time of filing the judgment-roll, either 1. Within the age of twenty-one years; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution, upon conviction of a criminal offence, for a term less than for life; The time of such a disability is not a part of the time, limited by the last section; except that the time, within which the motion may be heard, cannot be extended more than five years by such a disability, nor, in any case, more than one year after the disability ceases. in cases of disability. directed. § 1292. Where a judgment is set aside for any cause, upon motion, Restituthe court may direct and enforce restitution, in like manner, with like tion; when effect, and subject to the same conditions, as where a judgment is reversed upon appeal. 245 TITLE 1. CHAPTER XII. APPEALS. TITLE I. GENERAL PROVISIONS, RELATING TO THE APPEALS PROVIDED FOR IN THIS CHAPTER. TITLE II.-APPEAL TO THE COURT OF APPEALS. TITLE III.-APPEAL TO THE SUPREME COURT FROM AN INFERIOR COURT. OF A SUPERIOR CITY COURT. TITLE V.-APPEAL FROM A FINAL DETERMINATION IN A SPECIAL PRO CEEDING. Writs of error abolished. TITLE I. General provisions, relating to the appeals provided for in this chapter. SECTION 1293. Writs of error abolished. 1294. When party may appeal. 1295. Parties to appeal; how designated. Title of cause. 1296. When a person entitled to become a party may appeal. 1297. Appeal when adverse party has died. 1298. Proceedings, when party dies pending appeal. 1299. Order of substitution. 1300. Appeal, how taken. 1301. When notice of appeal to specify interlocutory judgment, etc. 1302. Proceedings, if attorney or party not found. 1303. Defects in proceedings may be supplied. 1304. Order appealed from must be entered. Proceedings to compel entry. 1305. Security may be waived. 1306. Deposit, in lieu of undertaking. 1307. Undertaking must be filed. 1308. New undertaking to be given, when sureties are insolvent, etc. 1309. Action upon undertaking, when not to be brought. 1310. When appeal stays proceedings; effect thereof. 1311. Levy upon personal property, when superseded by appeal. 1312. Court may limit amount of security in certain cases. 1313. No security necessary, on appeal by the people, etc. 1314. Id., on appeal by municipal corporation. 1315. Papers to be transmitted to appellate court. 1316. Interlocutory judgment, or intermediate order, may be reviewed. 1317. Judgment or order on appeal. 1318. When no appeal lies from judgment of reversal. 1319. Mode of enforcing affirmed or modified judgment. 1320. Id.; as to order. 1321. Mode of cancelling docket of reversed or modified judgment. 1323. Restitution; when awarded. § 1293. The writ of error in a civil action or special proceeding has When par- been abolished. ty may appeal. § 1294. A party aggrieved may appeal, in a case prescribed in this |