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 prop- ARTICLE FIRST. General provisions. Sec. 1200. Definition of judgment. 1201. [Repealed.] 1202. When judgment may be entered. 1203. Judgment to be entered at a term held by one judge. 1204. Judgment may be for or against any of the parties. 1205. When a several judgment may be taken. 1206. Judgment for or against a married woman. 1207. When judgment for plaintiff not to exceed judgment demanded. 1208. Rate of damages. 1209. Effect of judgment dismissing the complaint. 1210. Judgment against a dead person. 1211. Judgment to bear interest. § 1200. [Ám'd, 1877.] Definition of judgment. A judgment is either interlocutory or the final determination of the rights of the parties in the action. Co. Proc., § 245, am'd. § 1201. [Repealed, 1877.] § 1202. When judgment may be entered. Judgment may be entered in term or vacation. L. 1840, ch. 386, § 23 (4 Edm. 691). § 1203. Judgment to be entered at a term held by one judge. 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 law. Substitute for Co. Proc., § 278. 1204. Judgment may be for or against any of the parties. 1 Judgment may be given for or against one or more plaintiffs, and for or against one or more defendants. It may determine the ultimate rights of the parties on the same side, as between themselves; and it may grant, to a defendant, any affirmative relief, to which he is entitled. Co. Proc., first sentence of § 274. See §§ 454 and 456, ante. § 1205. When a several judgment may be taken. Where the action is against two or more defendants, and a several judgment is proper, the court may, in its discretion, render judgment, or require the plaintiff to take judgment, against one or more of the defendants; and direct that the action be severed, and proceed against the others, as the only defend ants therein. 1 Id., second sentence of § 274, am'd. § 1206. Judgment for or against a married woman. Judgment 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. 1207. When judgment for plaintiff not to exceed judg ment demanded. Where there is no answer, the judgment shall not be mor favorable to the plaintiff, than that demanded in the complaint Where there is an answer, the court may permit the plaintiff t take any judgment, consistent with the case made by the com plaint, and embraced within the issue. Co. Proc., § 275. § 1208. Rate of damages. Where either party is entitled to recover damages, he may re cover any rate of damages, which he might have heretofore recor ered, for the same cause of action. Id., § 276, am'd. § 1209. [Am'd, 1877.] Effect of judgment dismissing the complaint. A final judgment, dismissing the complaint, either before o after a trial, rendered in an action hereafter commenced, doe not prevent a new action for the same cause of action, unless i expressly declares, or it appears by the judgment-roll, that it i rendered upon the merits. § 1210. Judgment' against a dead person. Where a judgment for a sum of money, or directing the pay ment of money, is entered against a party, after his death, in case where it may be so taken, by special provision of law, memorandum of the party's death must be entered, with th judgment, in the judgment-book, indorsed on the judgment-roll and noted on the margin of the docket of the judgment. Such judgment does not become a lien upon the real property, or chat tels real, of the decedent; but it establishes a debt, to be paid in the course of administration. 2 R. S. 359, § 7 (2 Edm. 372), with amendments. § 1211. Judgment to bear interest. 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. From L. 1844, ch. 324, § 1 (4 Edm. 628), as am'd by L. 1869, ch. 807, § 1 (7 Edm. 477). 818 -14 ARTICLE SECOND. Mode of taking, entering, and enforcing a judgment. Sec. 1212. Judgment by default in certain actions on contract; how taken. 1213. Amount of judgment in such cases; how determined. 1214. Application to court for judgment by default; when necessary. 1215. Proceedings on such an application. 1216. Application for judgment in case of service by publication, et 1218. When judgment cannot be taken against infant defendant. 1220. When action may be severed, if issues of law and issues of fad 1221. Judgment how taken, after trial of issues of law and issues d fact, in the same action. 1222. Final judgment, how taken after issue of law only. 1223. Proceedings upon application under the last two sections. 1225. Judgment after trial by jury of specific questions of fact. 1228. Id.; upon trial by court or referee of the whole issue of fact. court. 1230. Final judgment upon decision or report awarding judgment, etc. interlocuta 1231. Id.; how final judgment entered and settled in certain cases. 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 jud ment may be enforced by execution. 1241. When a judgment may be enforced by punishment for d'sobeying 1242. Real property; how sold. Effect of conveyance. 1243. Security upon sale by referee. 1244. Conveyance to state name of party. § 1212. [Am'd, 1879.] Judgment by default in certai actions on contract; how taken. In an action specified in section four hundred and twenty this act, where the summons was personally served upon defendant, and the copy of the complaint, or a notice stating the sum of money for which judgment 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 d fault, as follows: 1. If the defendant has made default in appearing, the plainti must file proof of the service of the summons, and of a copy the complaint or the notice; and also proof, by affidavit, that defendant has not appeared. Whereupon the clerk must ent final judgment in his favor. 2. If the defendant had seasonably appeared, but has made default in pleading, the plaintiff must file proof of the service & the summons and of the appearance or of the appearance on. and also proof, by affidavit, of the default. Whereupon, the clers 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 enter final judgmer s prescribed in either of the foregoing subdivisions of this secon, the plaintiff must apply to the court for judgment, as preribed in section twelve hundred and fourteen of this act. Substituted for Co. Proc., § 246, part of subd. 1. 1213. Amount of judgment in such cases; how deterined. Where final judgment may be entered by the clerk, as preribed in the last section, the amount thereof must be deterined as follows: 1. If the complaint is verified, the judgment must be entered r the sum, for which the complaint demands judgment; or, the plaintiff's option, for a smaller sum: and if a computation interest is necessary, it may be made by the clerk. 2. If the complaint is not verified, the clerk must assess the mount due to the plaintiff, by computing the sum due upon an strument for the payment of money only, the non-payment of hich constitutes a cause of action, stated in the complaint; and ascertaining, by the examination of the plaintiff, upon oath, by other competent proof, the amount due to him for any other use of action stated in the complaint. If an instrument, specied in this subdivision, has been lost, so that it cannot be proced to the clerk, he must take proof of its loss and of its connts. Either party may require the clerk to reduce to writing d file the assessment, and the oral proof, if any, taken there on. a. ་ ་ ་ · 1214. [Am'd, 1877.] Application to court for judgment › default; when necessary. " Where the summons was personally served upon the defendant, thin the State, and he has made default in appearing, or where e defendant has appeared, but has made default in pleading; d the case is not one, where the clerk can enter final judgment, prescribed in the last two sections, the plaintiff must apply to e court for judgment. Upon the application he must file, if the fault was in appearing, proof of service of the summions; or, if e default was in pleading, proof of appearance, and also if a py of the complaint was demanded, proof of service thereof, on the defendant's attorney; and, in either case, proof, by affivit, of the default which entitles him to judgment, Substituted for the first sentence of Co. Proc., § 246, subd. 2. The court must thereupon render the judgment, to which the aintiff is entitled. It may, without a jury, or with a jury if one present in court, make a computation or assessment, or take account, or proof of a fact, for the purpose of enabling it to nder the judgment, or to carry it into effect: or it may, in its scretion, direct a reference, or a writ of inquiry, for either purse; except that where the action is brought to recover damzes for a personal injury, or an injury to property, the damages. ust be ascertained by means of a writ of inquiry. Where a ference or a writ of inquiry is directed. the court may direct, at the report or inquisition be returned to the court for its urther action; or it may, in its discretion, except where special |