JUDGE - Continued: mandamus directed to, may be granted at general term...... SECTION. 2009 2071 power of, to stay proceeding, and enlarge time in proceedings by mandamus.. 2009 punishable for contempt, for not making return to writ of prohibition .... what, may entertain supplementary proceedings................................ ...... ...... .... .... this act does not affect designation of, under existing laws.... JUDGMENT: (See TITLES OF THE DIFFERENT COURTS.) ...... for money on contract, disobedience to, not punishable by arrest or imprison- ... ... .... summary, for sheriff on bond for jail liberties ...... when may be taken without application to the court. where summons served by publishing, etc., when defence allowed after. for excess over counter-claim. upon failure of plaintiff to reply.... .... ... for plaintiff, controversy between defendants not to delay. foreign, when does not affect right to arrest. requiring delivery or conveyance of property; how enforced. roll, memorandum of tender and acceptance to be annexed to. ..... cannot be entered against party who dies before verdict, etc.... taken against one defendant, and action proceed as to others final, dismissing complaint does not prevent new action, unless, etc. 1209 against party after his death, effect of; memorandum to be entered in docket, etc., 1210 JUDGMENT — Continued: to bear interest, etc.. by default; in certain actions, how taken.. ....... ...... .... amount of, how determined when entered by clerk...... on application to court; damages, how ascertained.. .... SECTION. 1211 1212 1213 1214 1215 1216 proof of attachment and undertaking required on certain applications for when issues of law and fact arise, court may on recovery of final judgment, etc., powers of court on application for, under last two sections after trial by jury of specific questions of fact.. reference to determine specific questions of fact. ........ .... ...... .... in actions for divorce, etc.; can be rendered only by the court.. 1227 1228 1229 1230 1231 1232 motion for, on special verdict, how to be made and decided. 1233 on verdict subject to opinion of court, how to be made and decided, 1234 1235 1236 when may be enforced by execution. serving copy and punishing for disobedience.... to docket on filing of judgment-roll.. must furnish transcripts of; filing and docketing of transcript. judgment docket to be public. ...... .... not a lien until roll filed and judgment docketed.. person entitled to enforce, must execute satisfaction on payment and request... 1261 entry on docket of, on return of execution unsatisfied. 1265 1266 1267 1269 1270 1272 1273 1274 .... .... 1275 ........ ...... 1275 .... filing of statement for; entry of judgment thereupon.. when whole amount not due; collection of, etc on submission of controversy without action .... .... .............. ........ ........ motion to set aside for irregularity, when it may be heard, etc... SECTION. JUDGMENT — Continued: - motion to set aside for error in fact, not arising on trial; by whom made. ...... ..... by a person not a party; when made.. 1283 1284 where several persons are entitled to move, 1286 1257, 1288 1289 1321 1345 1384 1432 1507 interlocutory, reviewable on appeal from final.. or order on appeal..... affirmed on appeal, how enforced, etc. ...... ............ ... mode of canceling or correcting docket of, reversed on appeal.. for mortgage debt, equity of redemption cannot be sold upon execution on when plaintiff fails to ap, ly for severance of action against the plaintiff's possession not changed by vacating of........... 1529 for partition, where plaintiff is an infant, what must contain does not affect one who is not made a party.. 1529 1534 1539 1539 interlocutory, when title to be ascertained by court before, 1545 how costs collected from unknown defendant.... .... .... ...... directing sale must specify terms of credit... ... 1563 after sale, must be entered; effect thereof, etc...... 1577-1579 for dower, interlocutory, for admeasurement of.. 1557 ... 1587 1589 1595 1607 1613 1614 appeal from, does not stay pedings unless court so directs, 1616 interlocutory judgment for sale, when plaintiff consents to no other action to recover mortgage debt can be brougat final, in foreclosure, effect of conveyance after sale in, on final..... SECTION. ................ .... disposition of surplus arising upon sale on ...... 1633 1635 when, must direct sale of part only of property; proceedings 1636 may direct sale of all the property, and payment of sum not ...... in action to compel the determination of a claim to real property, what must be when awarded, etc.......... .... ...... ...... .... after joinder of issue of fact in, is the same as in ejectment. when costs not allowed when taken by default.. ...... ...... ...... ........ .... ...... 1637 1639 1642 1645 1645 in action to determine widow's claim to dower, where the plaintiff admits it... .......... ...... ........ .... ... when should award forfeiture of defendant's estate. when final judgment for partition entered therein .... ... ... ...... ...... ..... final, in action of nuisance, what to provide.... 1673-1674 .... when and how delivery of possession of real property under, compelled........ 1675 1677 1678 ........ when action cannot be maintained to recover chattel, awarded to defendant when plaintiff may require the sheriff to replevy chattel before entry of.. to annul marriage, when establishes legitimacy of children. for divorce, not to be taken by default, without proof.. provision as to property, etc., of parties. for a separation, what to provide.. for divorce or separation must direct as to custody, etc., of children, 1771 ... 1772 1745 1751 1753 1754 1757 .1759, 1760 .... .... 1766, 1769 1774 in action against corporation on note, etc., may be taken, unless order served 1778 sequestering property of a corporation. 1784 powers of a receiver appointed by, in action to dissolve a corporation... 1789 1790 1793-1795 annul corporation; appointment of receiver... 1801 copy of roll in such action to be filed and notice published.. in action against executor, etc., enforceable against decedent's estate, only when in action against executor not evidence of assets in defendant's hands... costs how and when awarded against executor...... heirs and devisees heirs, etc., when to be satisfied out of land.... effect of, establishing will................. in action to establish will. JUDGMENT - Continued: SECTION in action against executor, etc., when two causes of action joined, must specify .... 1815 1816 1817 final against heir or devisee, effect of........... 1821 1823 1824 1830 1835, 1836 1852 1853 1854 .... establishing lost or destroyed will.. action to determine validity, construction or effect of will. final, in judgment creditor's action to compel discovery of property. to include interest on verdict from time of killing, to entry of...... .... ...... in action against unincorporated association, effect of.. ....... in action for dissolution of a partnership, and an accounting. ........ to vacate letters patent. when in action for a penalty or forfeiture, recovery may be had for a part.. notice to be published before, in action by people to recover real property es- effect of, against unknown defendants in action by attorney general, to recover effect of, directing conveyance by guardian or committee of infant or lunatic in ...... .... on award after submission of controversy.. 2082 what the word "judgment" refers to, as used in this act.... 3343, sub. 20 3347 demand of, in pleading. (See ANSWER; COMPLAINT; COUNTER-CLAIM.) exemption from arrest, etc., of person attending pursuant to. (See WITNESS.) |