Sec. 3010. 3011. 3012. 3013. 3014. 3015. 3016. 3017. 3018. 3019. 3020. 3021. 3022. 3023. TITLE VI. Judgment; and docketing the same. Judgment by confession. Id.; mode of confessing judgment. Id.; when void. Judgment of nonsuit. Judgment upon verdict, etc. When judgment to be rendered. Remitting part of verdict, etc. Transcript of judgment; docketing the same. Judgment against joint debtors. Docketing the same; action thereupon. Justice may give transcript, after expiration of his term. § 3010. Judgment by confession. A justice of the peace may enter a judgment upon the confession .of the defendant, in any case, where the amount confessed does not exceed the sum of five hundred dollars, with such a stay of execution, if any, as is agreed upon by the parties to the judgment. Derivation.-R. S., pt. 3, ch. 2, tit. 4, § 113; Code of Proc., § 53, subd. 8. Reference Judgment by con fession generally, see Code Civ. Proc., §§ 1273-1278. § 3011. Id.; mode of confessing judgment. A judgment upon confession shall not be rendered unless the following requisites are complied with: 1. The defendant must personally appear before the justice. 2. The confession must be in writing, signed by the defendant, and filed with the justice. 3. If the judgment is confessed for a sum exceeding fifty dollars, the confession must be accompanied with the affidavit of the defendant and of the plaintiff, stating that the defendant is honestly and justly indebted to the plaintiff in the sum specified therein, over and above all just demands which the defendant has against the plaintiff; and that the confession is not made or taken with intent to defraud any creditor. Derivation.-R. S., pt. 3, ch. 2, tit. 4, § 114. In general.— Adams v. Tator, 57 Hun 302, 10 N. Y. Supp. 617. § 3012. Id.; when void. Sufficiency of papers. Rowe v. Peckham, 30 App. Div. 173, 51 N. Y. Supp. 889; Crouse v. Johnson, 65 Hun 337, 20 N. Y. Supp. 177. A judgment confessed, otherwise than as prescribed in the last section, is void, as against every person, except a purchaser in good faith of property, real or personal, thereunder, and the defendant making the confession. 1 Derivation.-R. S., pt. 3, ch. 2, tit. 4, § 115. § 3013. Judgment of nonsuit. Judgment of nonsuit, with costs, must be rendered against a plaintiff prosecuting an action before a justice of the peace, in either of the following cases: 1. If he discontinues or withdraws the action. 2. If he fails to appear within one hour after the summons is returnable, or within one hour after the time to which the trial has been adjourned. 3. If he is nonsuited upon the trial. Derivation.-R. S., pt. 3, ch. 2, tit. 4, § 119, in part. Failure of plaintiff to appear.— Howell v. Capelli, 9 App. Div. 18, 41 N. Y. Supp. 105; Cohen v. Melle, 43 Misc. 79, 86 N. Y. Supp. 514; § 3014. Judgment upon verdict, etc. Leonard v. Rima, 82 Misc. 358, 144 Where a verdict, or the decision of the justice upon a trial without a jury, is rendered in favor of either party, the justice must render judgment against the adverse party in conformity thereto, with costs, except as is otherwise specially prescribed by law. Derivation.-R. S., pt. 3, ch. 2, tit. 4, §§ 120, 121. Entry of judgment.- Putnam V. Van Allen, 46 Hun 492; Griswold v. Borroughs, 15 N. Y. Supp. 314. V. Form of judgment.- Babcock Smith, 19 N. Y. Supp. 817; Slaman v. Buckley, 29 Barb. 289; Goodrich v. Sullivan, 1 T. & C. 191. § 3015. When judgment to be rendered. Where the plaintiff is nonsuited, or discontinues or withdraws the action; or where judgment is confessed, or a verdict is rendered; or where, at the close of the trial, the defendant is in custody; the justice must forthwith render judgment, and enter it in his docket-book. In every other case, he must render judgment, and enter it in his docketbook, within four days after the cause has been finally submitted to him. Derivation.-R. S., pt. 3, ch. 2, tit. 4, § 124. When case before justice for decision. Babbin v. Ensley, 14 App. Div. 548, 43 N. Y. Supp. 849. Direction of verdict. Marsh V. Richer, 68 Misc. 587, 125 N. Y. Supp. 245. Rendition and entry- Sweet V. Marvin, 2 App. Div. 1, 37 N. Y. Supp. 442; Matter of Thompson, 29 App. Div. 83, 51 N. Y. Supp. 384; Tousley v. Mowers, 14 Misc. 125, 35 N. Y. Supp. 855; Allen v. Swan, 32 Hun 363; Putnam v. Van Allen, 46 Hun 492; Reid v. Defendorf, 87 Hun 40, 33 N. Y. Supp. 954; Beardsley v. Pope, 88 Hun 560, 34 N. Y. Supp. 846. Entry within four days. Catlin v. Rundell, 1 App. Div. 157, 37 N. Y. Supp. 1144; Gillingham v. Jenkins, 40 Hun 594; Smith v. McMillan, 90 Hun 542, 36 N. Y. Supp. 24. Return only evidence of entry.— Erdman v. Upham 70 App. Div. 315, 75 N. Y. Supp. 241. Amendment ex parte. Allen V. Swan, 32 Hun 363. § 3016. Remitting part of verdict, etc. Where a verdict, or the decision of the justice upon a trial without a jury, is rendered in favor of either party for a sum of money, the prevailing party may remit any portion thereof, and take judgment for the residue. Derivation.-R. S., pt. 3, ch. 2, tit. 4, § 125. § 3017: Transcript of judgment; docketing the same. A justice of the peace who renders a judgment, except in an action to recover a chattel, must, upon the application of the party in whose favor the judgment was rendered, and the payment of the fee therefor, deliver to him a transcript of the judgment. The county clerk of the county in which the judgment was rendered must, upon the presentation of the transcript and payment of the fee therefor, if within six years after the rendering thereof, indorse thereupon the date of its receipt, file it in his office and docket the judgment as of the time of the receipt of the transcript in the book kept by him for that purpose, as prescribed in article third, title first of chapter eleven of this act. Thenceforth the judgment is deemed a judgment of the county court of that county, and must be enforced accordingly; except that an execution can be issued thereupon only by the county clerk, as prescribed in section thirty hundred and forty-three of this act, and that the judgment is not a lien upon, and cannot be enforced against, real property, unless it is for twenty-five dollars or more, exclusive of costs. (Am. by L 1894, ch. 307.) Derivation Code of Proc., § 63, in part. Effect of filing transcript.- Brownell v. Parsons, 220 N. Y. 483; Agar v. Curtiss, 8 App. Div. 337, 40 N. Y. Supp. 815; Sill Stove Works v. Scott, 62 App. Div. 566, 71 N. Y. Supp. 181; Matter of Murphy, 150 App. Div. 460, 135 N. Y. Supp. 23; Harris v. Steiner, 30 Misc. 624, 62 N. Y. Supp. 752; Grannis v. Ewell, 76 Misc. 484, 135 N. Y. Supp. 588; Moneyweight Scale Co. v. Price, 92 Misc. 730, 157 N. Y. Supp. 463; Rose v. Henry, 37 Hun 397; McIntyre v. Allen, 43 Hun 124; Belgard v. McLaughlin, 44 Hun 557; Vedder v. Lansing, 44 Hun 590; Bergman v. Noble, 45 Hun 133. Jurisdiction of county court.Rowe v. Peckham, 30 App. Div. 173, 51 N. Y. Supp. 889; Fink v. Shoemaker, 33 Misc. 687, 68 N. Y. Supp. 1112; Baldwin v. Roberts, 30 Hun 163; Harris v. Clark, 65 Hun 361, 20 N. Y. Supp. 232. Statute of limitations- Raphael v. Mencke, 28 App. Div. 91, 50 N. Y. Supp. 920; Matter of Warner v. Bartle, 39 App. Div. 91, 56 N. Y. Supp. 585; McMahon v. Arnold, 107 App. Div. 132, 94 N. Y. Supp. 775; Matter of Phelps, 6 Misc. 397, 26 N. Y. Supp. 774; Anderson v. Porter, 7 Misc. 218, 27 N. Y. Supp. 646; Matter of Guttroff, 39 Misc. 483, 80 N. Y. Supp. 219; Bolt v. Hauser, 57 Hun 567, 11 N. Y. Supp. 366, 368. Execution issued by county clerk. Harding v. Evans, 140 App. Div. 92, 124 N. Y. Supp. 897. Municipal court of New York.Johnson v. Manning, No. 1, 75 App. Div. 285, 78 N. Y. Supp. 96; Bernstein v. Schoenfeld, 81 App. Div. 171, 81 N. Y. Supp. 11; Matter of Murphy, 150 App. Div. 460, 135 N. Y. Supp. 23; Matter of Stumpp, 32 Misc. 41, 66 N. Y. Supp. 172. Appeal from county court order. Ithaca Agricultural Works v. Eggleston, 107 N. Y. 272. § 3018. Id.; when execution may issue against person. If the action, in which the judgment is rendered, is one of the actions specified in subdivision first or second of section 2895 of this act, or if an order of arrest was granted, and was executed, in a case specified in subdivision third of that section, and, in either case, if the defendant is a male person, the justice must insert, in each transcript given by him, as prescribed in the last section, the words, " defendant liable to execution against his person "; and a like note must also be made in the docket of the judgment, made by the county clerk. Derivation.- New. § 3019. Id.; in action for a chattel. A justice of the peace, who renders judgment for a chattel, which has been delivered to the unsuccessful party, or for the value thereof, in case a return thereof cannot be had, must, where the value exceeds twenty-five dollars, upon the application of the party in whose favor the judgment was rendered, and payment of the fee therefor, deliver to him a transcript of the judgment, stating the particulars thereof. The county clerk of the county, in which the judgment was rendered, must, upon the presentation of the transcript, and payment of the fees. therefor, indorse thereupon the date of its receipt, file it in his office, and docket the judgment, as of the time of the receipt of the transcript, in the book kept by him for that purpose, as prescribed in article third of title first of chapter eleventh of this act, and must also enter in the docket the particulars of the judgment, as stated in the transcript of the justice. Thenceforth the judgment is deemed a judgment of the county court of that county, and must be enforced accordingly; except that an execution can be issued thereupon only by the county clerk, as prescribed in section 3043 of this act. Derivation.- New. § 3020. Judgment against joint debtors. Where an action is brought against two or more persons, jointly indebted upon contract, and the summons is served upon one or more, but not upon all of them, if the plaintiff recovers judgment, it must be entered against all, in the mode prescribed in section 1932 of this act. Sections 1933, 1934, and 1935 of this act apply to such a judgment, and to each execution issued thereupon; except that, where the justice or the county clerk issues the execution, he must make the indorsement prescribed in section 1934 of this act. Derivation.-R. S., pt. 3, ch. 2, tit. 4, §§ 122 and 123. Failure to enter against all Elster v. Goodyear, 55 App. Div. 190, 66 N. Y. Supp. 951. § 3021. Docketing the same; action thereupon. The justice who gives a transcript of a judgment, taken as prescribed. in the last section, must distinctly designate, in the transcript, each defendant who was not summoned. Thereupon the clerk, who dockets the judgment, must make in the docket, under or opposite the name of each defendant not summoned, an entry, as prescribed in section 1936 of this act; and the provisions of that section apply to the judgment so docketed. An action, upon a judgment so docketed, can be maintained in a justice's court against the defendants summoned, only in a like case, and with like effect, as if they were the only defendants in the original action. An action may be maintained against the defendants not summoned, as prescribed in section 1937 of this act, in any court having jurisdiction thereof; and the plaintiff is entitled to costs, upon recovering final judgment therein, where the sum remaining unpaid is twentyfive dollars or more. Derivation.- New. § 3022. Docketing judgment in another county. The clerk, with whom a transcript given by a justice is filed, as prescribed in either of the foregoing sections of this title, must furnish to any person applying therefor, and paying the fees allowed by law, one or more transcripts of the docket of the judgment, attested by his signature. A county clerk, to whom such a transcript is presented, must, upon payment of the fees therefor, immediately file it, and docket the judgment in the appropriate docket-book kept in his office, in like manner as the judgment was docketed by the first county clerk. The judgment, when docketed as prescribed in this section, has the like effect, with respect to the enforcement thereof, or any proceedings thereunder, or by virtue thereof, in the county where it was so docketed, as if it was rendered by a justice of the peace of that county, and docketed upon filing his transcript; except that where an application for leave to issue an execution is necessary, it must be made to the county court of the county where the judgment was rendered. Derivation.- Code of Proc., § 63, in part; and § 284, last clause. Execution in two counties.- Ved der v. Lansing, 44 Hun 590. Mandamus to compel issue of execution. People ex rel. Clerk Marine Court, 3 Abb. 309. § 3023. Justice may give transcript, after expiration of his term. of A justice of the peace, whose term of office has expired, may make a transcript of a judgment rendered by him, as prescribed in either of the foregoing sections of this title. Derivation.- New. 1070 3032. 3033. 3034. 3035. Penalty for not discharging. 3038. 3039. 3040. 3041. 3042. 3043. Execution against the person; imprisonment of judgment debtor. Affidavit; discharge. Affidavit a defence to action for escape. Execution upon judgment in action for a chattel. Action against constable for not returning execution. Constable not to act under execution after return day. § 3024. When justice may issue execution. At any time within five years after entry of a judgment, the justice of the peace, who rendered it, being in office, may issue an execution thereupon, unless it has been docketed in the county clerk's office. Derivation. Code of Proc., § 64, subds. 12 and 13. § 3025. General requisites of execution. An execution, issued by a justice, must be directed generally to any constable of the same county. It must intelligibly describe the judgment, stating the names of the parties in whose favor, and against whom, the time when, and the name of the justice by whom, the judgment was rendered; and it must be made returnable to the justice, within sixty days after its date. Derivation.-R. S., pt. 3, ch. 2, tit. 4, § 131, first clause; Code of Proc., 64, subd. 12, last clause. New or renewal, when returnable.Levin v. Robie, 5 Misc. 529, 25 N. Y. Supp. 982; Winne v. Houghtaling, 84 Hun 166, 32 N. Y. Supp. 450. § 3026. Execution upon judgment for money. An execution, issued upon a judgment for a sum of money, must specify, in the body thereof, the sum recovered, and the sum actually due upon the judgment at the date of the execution; and, except in a case where special provision is otherwise made by law, it must, substantially, require the constable to satisfy the judgment, together with his fees, out of the personal property of the judgment debtor within the county, not exempt from levy and sale by virtue of an execution; and to bring the money before the justice, by the return day of the execution, to be rendered, by the justice to the party who recovered the judgment. If the judgment was recovered against a male person, in either of the actions specified in subdivision first or second of section 2895 of this act; or if an order of arrest was granted and was executed, in a case specified in subdivision third of that section, the execution must also command the constable, if sufficient personal property cannot be found to satisfy the judgment, to arrest the judgment debtor, and to convey him to the jail of the county, there to remain until he pays the judgment, or is discharged according to law. If the judgment was |