FORM No. 1707.

Motion at Appellate Division, for new trial denied.66

[Insert after recital of verdict:] and the plaintiff [or, defendant] having moved in the first instance at the Appellate Division for a new trial, and the motion having been denied, and an order denying the same having been more than four days heretofore duly entered, and a copy thereof served on the attorney for the defendant [or, plaintiff], with notice of entry.

FORM No. 1708.

Consolidation of several actions.

67

[Recite their having been brought, and the bringing on of the trials together, etc., adding as thus:] and all the parties to the said actions having consented in open court that the said actions should be consolidated, and heard and determined as one action, and that if judgment be rendered for the plaintiffs, a single judgment be rendered for a joint recovery [continuing with the other recitals].

FORM No. 1709.
Sealed verdict.

[Insert:] and the court having directed the jury to render a sealed verdict, and they having after due deliberation duly brought into court and rendered such verdict on the

19 for the plaintiff for the sum of

day of dollars, which has

been duly recorded [continuing with the other recitals].

FORM No. 1710.

Special verdict.

[Insert:] and a special verdict having been duly found by the

jury on the [said] day of

19 and duly recorded [or

may set forth], and the court having by an order duly made and entered herein on the day of 19 directed judgment to be entered thereon to the effect hereinafter stated [continuing with the other recitals].

unnecessary where the former trial did not result in judgment, or the judgment was absolutely vacated. For the practice where the judgment was allowed to stand as security, compare Dows v. Boughton, 3 Hill, 452. 66 N. Y. Code Civ. Pro., § 1227.

Such is the motion when exceptions are ordered to be heard by the Appellate Division in the first instance. For complete form of judgment in such case, see Form 1659.

67 For other modes of consolidation, see p. 1519.

FORM No. 1711.

Verdict, with answers to special questions.

[Insert:] and the court having directed the jury to render a general verdict, and to find upon the following special questions: First. Was [and so on]. And the said jury having duly rendered a general verdict for the sum of dollars, and answered to the first question, Yes [and so on: and continuing with other recitals].

FORM No. 1712.

Verdict subject to opinion of the court.

And a verdict having been duly rendered for the [plaintiff], subject to the opinion of the court at Appellate Division, on a case to be made by the [plaintiff], and the case having been heard at said Appellate Division, and an order having been duly made and entered on the day of 19, at said Appellate Division directing judgment upon said verdict as rendered [etc.]

FORM No. 1713.

Verdict on penal bond.

And the jury having duly rendered a verdict declaring the bond executed and delivered by the defendants to

day of
, in the penal sum of $
and assessing plaintiff's damages at $

on the

, to be forfeited, : [continuing with other

recitals].

FORM No. 1714.

Interest on verdict.

[After recital of verdict add:] and the interest thereon from the

day of

19

68

the day of said verdict [or, in case of action for causing death, the day of the death of said M. N.] to this date, having been duly computed by the clerk at the rate of six per cent, per annum, at the sum of dollars, and together with the sum awarded by said verdict, amounting in all to the sum of

dollars.

FORM No. 1715.

Liability to body execution.69

And it appearing from the pleadings [and said verdict] that this is an action in which the plaintiff is entitled to satisfy said judgment by execution against the body of the defendant:

68 If the date is not fixed by the verdict, the clerk will determine it on affidavits. N. Y. Code Civ. Pro., § 1904.

69 Such clause is required in the New York City Municipal Courts by

Municipal Court Act, § 251. Such a recital is improper in a judgment entered in a court of record, and will be stricken out on motion. Bacon . Grossman, 90 App. Div. 204, 86 N. Y. Supp. 60.

Certificate of judge to entitle to costs.72

[Insert between recitals of verdict and of costs:] and said justice having duly certified that [etc., as in certificate].

FORM No. 1718.

Allowance by order of court.

[Insert after recital of amount of costs:]73 including an allowdollars which the court at the trial [or, by order day of 19], duly granted to the plaintiff.

FORM No. 1719.

By reason of attachment; recital as to costs and allowance may be thus.

And a warrant of attachment having been issued herein on plaintiff's application on the 19 under which the sheriff of the county of attached defendant's property to the value of $ and plaintiff's costs, including allowance, having been duly adjusted at the sum of $

FORM No. 1720.

Judgment for double or treble damages.75

[Recitals as in Form 1703, etc., inserting after sum named in recital of verdict:] single damages,76 and the court having upon the [election" and] application of the plaintiff, directed judg ment to be entered thereon for [treble] damages [etc.]:

It is ADJUDGED, that the plaintiff recover of said defendant [treble] the amount of the damages so as aforesaid found by said jurors [or, assessed by said sheriff's jury], together with his said costs, amounting in the whole to dollars.

[Authentication as in Form 1703.]

FORM No. 1721.

Judgment in favor of plaintiff, against a part of the defendants.78

[As in Form 1703 to the t, continuing:] and a verdict having been duly rendered in favor of the plaintiff against the defendants [naming those unsuccessful], and in favor of the defendants [naming those successful], against the plaintiff, and the costs of the plaintiff having been duly adjusted at the sum of Now, on motion of A. T., attorney for the plaintiff:

dollars;

It is ADJUDGED, that the plaintiff [name] recover of the defendants [naming those unsuccessful]

the jury, with

dollars, found by

dollars costs as taxed, making together

dollars [or state special relief as in Forms 1857-1895]. And the court having on motion of the defendants [names of those successful], and on due notice to plaintiff, directed that

the Code (§ 1205). This section authorizes a separate judgment where a separate liability of some of the defendants is established on the trial, although the cause of action as alleged in the complaint is joint only. Lawton . Partridge, 111 App. Div. 8, 97 N. Y. Supp. 516; Stedeker r. Bernard, 102 N. Y. 327.

Where joint tort-feasors are sued together, the entry of a judgment against one of them does not destroy plaintiff's right to continue the action against the other. Parks v. City of New York, 111 App. Div. 836, 98 N. Y. Supp. 94.

said last named defendants recover costs against the plaintiff,70 and such costs having been duly adjusted at dollars; Now. on motion of T. W., attorney for said last-named defendants: IT IS FURTHER ADJUDGED, that the defendants [names], recover of the plaintiff [name] dollars costs of the action as taxed.

[Authentication as in Form 1703.]

FORM No. 1722.

Judgment in favor of a part of the plaintiffs, against all the defendants.

[As in Form 1703 to the t, continuing:] and a verdict having been rendered, in favor of the plaintiffs [naming those successful], against all the defendants, and in favor of the said defendants against the plaintiff [naming the unsuccessful plaintiff]; Now, on motion of A. T., attorney for the plaintiffs:

It is ADJUDGED, that the said plaintiffs [naming which], recover of all the defendants [names] dollars, found by the jury, with dollars costs, making together [or state special relief as in Forms 1857-1895].

dollars

And on motion of T. Z., attorney for the defendants, IT IS FURTHER ADJUDGED, that as to the plaintiffs [naming him], the [complaint be dismissed, and that the] defendants recover of the said plaintiff dollars, costs of the action as taxed. [Authentication as in Form 1703.]

FORM No. 1723.

Judgment in favor of a part of the plaintiffs, against a part of the defendants.

[As in Form 1703 to the t, continuing:] and a verdict having been rendered in favor of the plaintiffs [naming those successful], against the defendants [naming which], and in favor of all the defendants against the plaintiff [naming the unsuccessful plaintiff], and in favor of the defendant [naming which], against all the plaintiffs, and the costs of said [names of successful plaintiffs] having been duly adjusted at dollars:

Now, on motion of A. T., attorney for the plaintiffs [names], it is ADJUDGED, that the plaintiffs [naming them], recover of the defendants [naming them], dollars, found by the jury,

with

dollars costs of the action, making together dollars [or state special relief as in Forms 1857-1895].

79 N. Y. Code Civ. Pro., § 3229.

80 Knowlton v. Pierce, 41 How. Pr.