« ПретходнаНастави »
10 Daly, 417. 80 Hun, 567.
$ 1188 Where a special finding is inconsistent with a general verdict, the former controls the latter, and the court must render judgment accordingly.
24 N.Y. State
§ 1189. [Am'd 1877.] When the jury renders a verdict, or finds upon one or more specific questions of fact, stated under the direction of the court, the clerk must make an entry in his minutes, specifying the time and place of the trial; the names of the jurors and witnesses; the verdict, or the questions and findings thereupon, 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.
Miscellaneous provisions, including those relating to embracery, and other acts of misconduct.
§ 1190. 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 a 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.
§ 1191. A venire to procure jurors cannot be issued in a civil action, brought in a court of record, except as specially prescribed by law.
The Union Surety and Guaranty a
The Union Surety and Guaranty Cu.
§ 1192. A juror shall not be questioned, and is not subject to an action, or other liability, civil or criminal, for a 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 conduct, in a case prescribed by law.
§ 1193. 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 anything 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. An embraceor, 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.
§ 1195. 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.
§ 1196. 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.
1197. 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.
§ 1198. 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 specified in the last section, to the next term of the county court of the county, in which the delinquent resides.
1199. The county clerk must deliver to the district attorney, a copy of the return and of the affidavit, at the time when he delivers 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.
TITLE L-JUDGMENT IN AN ACTION.
TITLE II.-JUDGMENTS TAKEN WITHOUT PROCESS.
Judgment in an action.
ARTICLE 1. General provisions.
2. Mode of taking, entering, and enforcing a judgment.
1200. Definition of final judg. ment.
1202. When judgment may be
1203. Judgment to be entered
1205. When a several judgment
1206. Judgment for or against
1207. When judgment for plain-
1211. Judgment to bear inter-
§ 1200. [Am'd 1877.] A judgment is either interlocutory or the final determination of the rights of the parties in the action.
§ 1201. [Repealed 1877.]
§ 1202. Judgment may be entered in term or vacation. § 1203. 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.
§ 1204. 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. 26 Hun, 619; 43 Id. 521; 23 Misc. 625.
§ 1205. 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.
1 Month. L.
60 How. Pr.
47 N. Y.Sup-
1 Month. L Bul. 14. 16 Misc. 17.
§ 1206. 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.
§ 1207. Where there is no answer, the judgment shall not be more favorable to the plaintiff, than that demanded in the complaint. Where there is an answer, the court may permit the plaintiff to take any judgment, consistent with the case made by the complaint, and embraced within the issue. 96 N. Y. 109; 5 N. Y. State Rep. 216; 15 Id. 644; 144 N. Y 326, 155 Id. 525. § 1208. Where either party is entitled to recover damages, he may recover any rate of damages, which he might have heretofore recovered, for the same cause of action.
§ 1209. [Am'd 1877.] A final judgment, dismissing the complaint, either before or after a trial, rendered in an action hereafter commenced, does not prevent a new action for the same cause of action, unless it expressly declares or it appears by the judgment-roll, that it is rendered upon the merits.
1210. Where a judgment for a sum of money, or directing the payment of money, is entered against a party, after his death, in a case where it may be so taken, by special provision of law, a memorandum of the party's death must be entered, with the judgment, in the judgment-book, indorsed on the judgment-roll, and noted on the margin of the docket of the judgment. Such a judgment does not become a lien upon the real property, or chattels real, of the decedent; but it establishes a debt, to be paid in the course of administration.
§ 1211. 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.
MODE OF TAKING, ENTERING, AND ENFORCING A JUDGMENT.
1213. Amount of judgment in
1214. Application to court for
1215. Proceedings on such an
1216. Application for judgment,
1217. Attachment and under-
1218. When judgment cannot
1221. Judgment how taken, af
ter trial of issues of law and issues of fact, in the same action. Id.; after trial of issue of law only. Proceedings upon application under the last two sections.
1224. Id.; upon interlocutory judgment, etc., affirmed at a term of the appellate division of the supreme
1225. Judgment, after trial by jury of specific ques
tions of fact.
1226. Id.; after reference to determine specific questions of fact.