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nesses; the verdict, or the questions and findings there upon, as the case requires; and the direction, if any, which the court gives, with respect to the subsequent proceedings. Upon the application of the party in whose favor a general verdict is rendered, the clerk must enter judgment, in conformity to the verdict, unless a different direction is given by the court, or it is otherwise specially prescribed by law.
Co. Proc., part of 264. Warner v. N. Y. C. R. R. Co., 52 N. Y. 437 Griswold v. Dexter, 62 Barb. 648; Cobb. v. Cornish, 16 N. Y. 602; s. o. Abb. 129; and 15 How. 407; Smith v. Coe, 7 Rob. 477.
Miscellaneous provisions; including those relating to em bracery, and other acts of misconduct.
Bao. 1190. Trials by jury to be as herein provided; juries of part aliens
1191. Venire not necessary.
1192. Jurors not to be questioned for their verdict.
1193. Penalty where juror takes gift, etc.
1194. Embracery; penalty therefor.
1195. Penalty for juror's non-attendance in special proceeding.
1198. Special return of delinquency and fine to county court.
§ 1190. Trials by jury to be as herein provided; juries of part aliens abolished. - A trial by a jury, of an issue of fact, joined in a civil action, in a court of record, must be had, as prescribed in this chapter; except in s case where it is otherwise specially prescribed by law. An alien is not entitled to a jury, composed in part of aliens or strangers, in an action or special proceeding civil or criminal.
2 B. 8. 419, 53 (2 Edm. 437), remodelled.
1191. Venire not necessary. A venire to procure jurors cannot be issued in a civil action, brought in a court of record, except as specially prescribed by law.
Id., 410, 29 (2 Edm. 427).
§ 1192. Jurors not to be questioned for their verdict. A juror shall not be questioned, and is not sub ject to an action, or other liability civil or criminal, for
■ verdict rendered by him, in an action in a court of record, or not of record, or in a special proceeding before an officer, except by indictment, for corrupt condact, in a case prescribed by law.
2 B. 8. 421, 69 (2 Edm. 439).
§ 1193. Penalty where juror takes gift, etc.-A person, drawn or notified to attend, as a trial juror, in an action in a court of record, or not of record, or in a special proceeding before an officer, who takes any thing to render his verdict, or receives, from a party to the action or special proceeding, a gift or gratuity, forfeits ten times the sum, or ten times the value of that, which he took or received, to the party to the action or special proceeding, aggrieved thereby; and is also liable to that party, for his damages sustained thereby; besides being subject to the punishment, prescribed by law.
§ 1194. Embracery; penalty therefor. An em. braceor, who procures a person, drawn or notified to attend, as a trial juror, to take gain or profit, contrary to the last section, forfeits ten times the sum, or ten times the value of that, which was so taken, to the party aggrieved thereby; and is also liable to that party for his damages sustained thereby; besides being subject to the punishment, prescribed by law.
Id., 71, am'd.
§ 1195. Penalty for juror's non-attendance in special proceeding. A person, who has been lawfully and personally notified to attend, as a trial juror, to inquire into a matter or thing, or to hear and try a controversy, in a special proceeding, pending before a judge, justice of the peace, commissioner, or other officer, and who wilfully neglects to attend, as required by the notice, may be fined by the officer, in a sum, not exceeding twenty-five dollars. But this section does not extend to a case, where special provision is made by law, for punishing the default of a trial juror.
Id., 551, 4 (2 Edm. 572), extended.
1196. Sheriff, etc., to keep jury in special proceeding; penalty.. A sheriff, constable, or other officer, who notified jurors to attend, in a case specified in the last section, must, when directed by the officer, before
whom the special proceeding is pending, attend, and take charge of the jury. For a wilful neglect to obey such a direction, or for any misconduct, while attending the jury, by which a right or remedy of a party to the special proceeding may be impaired or prejudiced, he must be fined, by that officer, in a sum not exceeding twenty-five dollars.
3 R. S. 551, 5.
§ 1197. Notice of imposition of fine. Where a fine is imposed, in a case specified in the last two sections, written notice thereof must be served upon the person fined, to the end that he may apply to the officer imposing it, for the remission of the whole or a part thereof, upon proof that he had a reasonable excuse for his neglect or misconduct, or that other good cause exists for the remission,
Id., 16, am'd.
§ 1198. Special return of delinquency and fine to county court. If, within thirty days after the service of the notice, the fine has not been remitted by the officer imposing it, he must make a special return of the delinquency or misconduct, for which the fine was imposed, and of the amount of the fine, accompanied with proof, by affidavit, of service of the notice speci. fied in the last section, to the next term of the county court of the county, in which the delinquent resides.
Id., 7,with an amendment requiring proof of service of the notice.
§ 1199. Collection or remission of fine. The county clerk must deliver to the district-attorney, a copy of the return and of the affidavit, at the time when he deliv. ers to him copies of the minutes of fines, imposed by the county court. The fine must be collected, or it may be remitted or reduced, in the same manner as a fine imposed by the county court, upon a defaulting trial juror.
L-JUDGMENT IN AN ACTION.
II.—JUDGMENTS TAKEN WITHOUT PROCESS.
TITLE III. —VACATING OR SETTING ASIDE A JUDGMENT, FOR IRREGULARITY OR ERROR IN FACT.
Judgment in an action.
ABTLE 1. General provisions.
2. Mode of taking, entering, and enforcing a judgment.
Bo. 1200. Definition of judgment.
1202. When judgment may be entered.
1203. Judgment to be entered at a term held by one judge.
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 de
1208. Rate of damages.
1209. Effect of judgment dismissing the complaint
1210. Judgment against a dead person.
1200. [Amended, 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. Pearson v. Lovejoy, 53 Barb. 407; Morris Morange, 38 N. Y. 172. See note to 400, Voorhies' Code.
§ 1201. [Repealed, 1877.]
§ 1202. When judgment may be entered.-Judgment may be entered in term or vacation.
A. 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. Hill v. Northrop, 9 How. 525; Masters v. Barnard, 6 id. 113; Belknap v. McIntyre, 2 Abb. 366; Moore v. Westervelt, 14 How. 279; Dort v. McAdam, 27 Barb. 187; Hanna v. Dexter, 15 Abb. 136; 3 Sandf. 724. See DeLaney v. Blizzard, 7 Hun, 66.
$1204. Judgment may be for or against any of the parties. 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;(1) and it may grant, to a defendant, any affirmative relief, to which he is entitled.(2) § 454, 456.
Co. Proc., first sentence of 274. (1) Fowler v. Kennedy, 2 Abb. 347; Zink v. Attenburg, 18 How. 108; Brown v. Richardson, 4 Rob. 603; Witherhead v. Allen, 28 Barb. 666; Sluyter v. Smith, 2 Bosw. 673; Mc Kenzie v. Farrell, 4 id. 193; Claflin v. Butterly, 2 Abb. 446; 5 Daer, 327: Parker v. Jackson, 16 Barb. 33; Harrington v. Higham, 15 id. 525; Merrifleld v. Cooley, 4 How. 272; Niles v. Battershall, 27 id. 381; 18 Abb. 161; Fielden v. Lahens, 6 Abb. N. S. 341; McIntosh v. Ensign, 28 N. Y. 169; Brumskill v. James, 1 Daly, 1; Downing v. Mann, 9 How. 204; 3 E. D. Smith, 36; Pruyn v. Black, 21 N. Y. 300; People v. Cram, 8 How. 151; Bonsteel v. Vanderbilt, 21 Barb. 26; Marquat v. Marquat, 12 N. Y. 342; Benson v. Paine, 17 How. 408; 9 Abb. 28; Wagner v. Bill, 19 Barb. 321; Woodburn v. Chamberlain, 17 d. 446; Lomer v. Meeker, 25 N. Y. 361; Betts r. Hillman, 15 Abb. 184; Catlin v. Billings, 13 How. 511. (2) Peo ple v. A. & S. R. R. Co., 5 Lans. 25; Roy v. Thompson, 8 How. 253; WilBon v. Wheeler, 6 d. 49; Potter v. Davison, 8 Abb. 43; Mayor of N. Y. D. Wood, 4 Abb. N. S. 332; Woolworth v. Bellows, 4 How. 24; Norbury v. Seeley, ld. 73; Stephens v. Hall, 2 Rob. 674; Ellott v. Pell, 1 Paige, 268; Garvey v. Jarvis, 54 Barb. 179; Wright v. Delafield, 25 N. Y. 266; Mechanics' Savings Institution v. Roberts, 1 Abb. 382; McNamara v. McNamara, 9 id. 18; 2 Hilton, 547.
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 defendants therein.
Id., second sentence of 274, am'd. Bacon v. Comstock, 11 How. 197: Buell r. Gay, 13 id. 31; Brown v. Richardson, 4 Rob. 603; Catlin v. Latson, 4 Abb. 248; Parker v. Jackson, 16 Barb. 33; Harrington v. Hig ham, 15 id. 525; Merrifield v. Cooley, 4 How. 272; Crandall v. Beach, 7 id. 271, Gardner v. Walker, 22 id. 405. See Genet v. Lawyer, 61 Barb. 211.
§ 1206. Judgment for or against a married woman. Judgment for or against a married woman, may be