§ 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 special provision is made by law, for punishing the default of a trial juror. 2 R. S. 551, § 4 (2 Edm. 572), extended. case, where § 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. Id., § 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., § 6, 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 specified 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 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. Id., § 8. 310 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 erty; suspending and discharging the lien; satisfaction and assignment of a judgment. ARTICLE FIRST. General provisions. Sec. 1200. Definition of judgment. 1201. [Repealed.] 1202. When judgment may be entered. 1203. Application for judgment. 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. [Am'd, 1877.] Definition of judgment. A judgment is either interlocutory or the final determination of the rights of the parties in the action. Co. Proe, $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. [Am'd, 1900.] Application for judgment. 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. If notice of an application for judgment is not required, and an order for judgment is made by a judge out of court, the judgment may be entered with the same force and effect as if granted in court. Substitute for Co. Proc., § 278. L. 1900, ch. 147. In effect Sept. 1, 1900. § 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; 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 defendants therein. 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 judgment demanded. 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. Co. Proc., § 275. § 1208. Rate of damages. 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. Id., § 276, am'd. § 1209. [Am'd, 1877.] Effect of judgment dismissing the compipint. 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. (See §§ 1525, 1646.) § 1210. Judgment against a dead person. 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. 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). 313 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, etc. 1217. Attachment and undertaking for restitution, required in certain actions. 1218. When judgment cannot be taken against an infant defendant. 1219. When a defendant in default is entitled to notice 1220. When action may be severed, if issues of law and issues of fact, presented. 1221. Judgment how taken, after trial of issue of law and issues of 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. 1230. Final judgment upon decision or report awarding interlocutory judgment, etc. 1231. Id.; how final judgment entered and settled in certain cases. 1232. Interlocutory reference or inquisition; how reviewed. 1233. Motion for judgment upon a special verdict, etc. 1234. Id.; upon verdict subject to opinion of court. 1235. Interest on verdict, etc., to be included 'n recovery. 1236. Entry of judgment. 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 disobeying it. 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 defauit in certain actions on contract; how taken. In an action specified in section four hundred and twenty of this act, where the summons was personall; served upon the 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 default, as follows: 1. If the defendant has made default in appearing, the plaintiff must file proof of the service of the summons, and of a copy of the complaint or the notice; and also proof, by affidavit, that the defendant has not appeared. Whereupon the clerk must enter 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 of the summons and of the appearance or of the appearance only: and also proof, by affidavit, of the default. Whereupon, the clerk 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 judgment, |