565. On special verdict. 441. Where the verdict is special, or where there has been a special finding on particular questions of fact, the Court shall render the proper judgment. (371.)

1. A verdict is not effective for any purpose, unless followed by an adjudication of the Court thereon.- Shirk v. Wilson, 13 Ind. 129.

566. On pleadings, notwithstanding verdict. 442. When, upon the statements in the pleadings, one party is by law entitled to judgment in his favor, judgment shall be so rendered by the Court, though a verdict has been found against such party. (372.)

I. When, by pleading, the plaintiff's right to recover is admitted, judgment should be rendered by the Court accordingly, regardless of an adverse verdict.-Western, etc., Co. v. Fenton, 52 Ind. 1; New Albany, etc., Co. v. Stallcup, 62 id. 345.

567. Where plaintiff is barred as to part. 49. In actions against two or more defendants, where the plaintiff is barred by the provisions of this Act as to one or more of the defendants, and is entitled to recover against others for any cause, judgment shall be rendered against those liable and for those not liable. (222.)

1. An acknowledgment of a debt by one partner, after dissolution, will not take it out of the statute as to the others.- Kirk v. Hyatt, 2 Ind. 322.

568. Against part of plaintiffs or defendants. 438. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side as between themselves (368.)

569. Against defendants, when joint or several. 439. In a suit against several defendants, the Court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others whenever a several judgment is proper. (369.)

570. Defendants all served-Judgment against part only. 436. Though all the defendants have been summoned, judgment may be ren dered against any of them, severally, when the plaintiff would be entitled to judgments against such defendants if the action had been against them severally. (366.)

1. A judgment may be rendered in favor of some defendants and against others, in a real action. Clements v. Robinson, 54 Ind. 599; Richardson v. Jones, 58 id. 240. 2. But separate judgments can not be taken upon joint contracts.- Erwin v. Scotten, 40 Ind. 389; Murray v. Ebright, 50 id, 362.

571. Set-off-Judgment for excess. 443. If a set-off established at the trial exceed the plaintiff's claim so established, judgment shall be rendered for the excess; or if it appear that the defendant is entitled to any other affirmative relief, judgment shall be given therefor. (373)

572. Judgment in replevin. 444. In an action to recover the pos session of personal property, judgment for the plaintiff may be for the delivery of the property, or the value thereof in case a delivery can not be had, and damages for the detention. When the property has been delivered to the plaintiff, and the defendant claims a return thereof, judgment for the defendant may be for the return of the property, or its value in case a return can not be had, and damages for the taking and withholding of the property. (374)

1. In replevin, if the property is not found, or the plaintiff can not give bond, and is successful, the jury must find the value of the property, as well as damages for detention.- Chissom v. Lamcool, 9 Ind. 530.

2. A defendant is not entitled to a dismissal of the suit upon his verified disclaimer, filed as an answer. Choen v. Porter, 66 Ind. 194.

573. Proof and assessment on default. 437. If the taking of an account, or the proof of a fact, or the assessment of damages is necessary to enable the Court to pronounce judgment upon a failure to answer, or after a decision of an issue of law, the Court may take the accounts, hear the proof, and, in actions founded on contract, assess the damages, or may refer the same to a commissioner, or may direct the same to be ascertained or assessed by a jury. (367.)

1. The right of a defendant, after default upon an inquest of damages, does not extend so far as to allow him to introduce any matter of defense to the merits; but, otherwise, he has therein all the rights of a party litigant.- Briggs v. Sneghan, 45 ind. 14.

2. In an action against several defendants on a joint contract, judgment may be had against one or more of them, and it will be a bar to a subsequent recovery against any of them upon the same cause.- Richardson v. Jones, 58 Ind. 240.

3. In a suit against several defendants, severally, or jointly and severally, liable, judgment may be rendered against part of them at one term, and against the rest, upon continuance, at another term.—West v. Asher, 38 Ind, 291.

574. On mortgage or lien final. 448. It shall not be necessary in any action upon a mortgage or lien to give time for the payment of money, or for doing any other act, but final judgment may, in such cases, be given in the first instance. (378.)

575. In foreclosure - Sale ordered. 449. In the foreclosure of a mortgage, the sale of the mortgaged property shall in all cases be ordered. (379.)

576. Without relief- When separate. 451. When a judgment is to be executed without relief from appraisement laws, it shall be so ordered in the judgment. When a plaintiff has included in one action demands subject to the appraisement laws with demands made payable without any relief from appraisement laws, the Court may render separate judgments upon such demands. (381.)

1. The statute authorizing judgments to be entered and enforced without valuation or appraisement is constitutional.— Smith v. Daggett, 14 Ind. 442.

2. On judgment for a tort, the defendant is entitled to valuation.— Smith v. Davis, 58 Ind. 434.

3. When a surety has satisfied a contract waiving valuation laws, the remedy against his principal is without relief also.- See section 1217.

4. Costs, in a judgment without relief, are collectible in the same manner.-Martindale v. Tibbetts, 16 Ind. 200.

577. Against officers-When without relief or stay. 452. Hereafter all judgments recovered against any Sheriff, Constable, or other public officer, administrator, executor, or any other person or corporation, or the sureties of any or either of them, for money collected or received in a fiduciary capacity; or for a breach of any official duty; or for money or other article of value held in trust for another, shall be collectible without stay of execution or benefit of the valuation or appraisement laws of this State.

578. On bonds-When without relief. 462. Hereafter all judg. ments recovered upon bonds, written undertakings, or recognizances executed in any legal proceeding, civil or criminal, shall be collectible without relief from valuation or appraisement laws of the State of Indiana.

579. Entry-What it shall specify. 446. The judgment must be

entered on the order-book, and specify clearly the relief granted or other determination of the action. (376.)

1. If the form of a judgment be objectionable, a motion must be made below to modify it, or it will be, as to form, affirmed on appeal.- Brown v. Ellis, 35 Ind. 377: Forgey v. Bank, 66 id. 123.

2. A single judgment or decree, in any case which may be disposed of on any day of the term, may be separately read, and signed forthwith, so that execution may issue thereon. Jones v. Carnahan, 63 Ind. 229.

3. The collection of a void judgment may be injoined; but one which is simply voidable must be appealed from,- Earl v. Matheney, 60 Ind. 202; Hinsey v. Feeley, 62 id. 85.

4. A judgment by confession entered without the knowledge or consent of the creditor, unless subsequently ratified by him, is wholly invalid.- Haggerty v. Juday, 58 Ind. 154.

580. Satisfaction. 447. Satisfaction of a judgment or credits thereon may be ordered, for sufficient cause, upon notice and motion. (377.)

581. Indorsement of payment on record, etc.-Effect. 461. Every indorsement of payment, satisfaction or release, in whole or in part, upon the record or margin thereof of any judgment or decree, or upon any execution or order of sale issued thereon, signed by the judgment plaintiff or his attorney of record or attorney in fact, or by the assignee of such judgment plaintiff (whose assignment is upon or annexed to the record of such judgment or decree and attested by the clerk, when attested by the clerk) upon the record of such judgment or decree, or by the sheriff upon such execution or order of sale, shall operate as a satisfaction or release of such judgment or decree, or of such part thereof so indorsed as paid, satisfied or released in favor of subsequent purchasers or lien holders in good faith; and when such satisfaction, payment or release is entered by an attorney in fact, such fact shall be noted on the margin of the record or the execution, as the case may be; and such power of attorney shall be recorded in the miscellaneous records of the recorder's office. [As amended, 1891 S., p. 339. In force June 3, 1891.

582.

Judgment-docket-Contents. 587. The Clerk of every Court of record shall keep a docket, in which he shall enter, within thirty days after each term of the Court, in alphabetical order, a statement of each judgment rendered at such term, containing

First. The names, at length, of all the parties.

Second. The amount of the judgment and costs, and date of its rendition.

Third. If the judgment be against several persons, the statement shall be repeated under the name of each defendant, in alphabetical order. (513.)

583. Entry of stay of execution. 588. Recognizances of bail for stay of execution shall be entered in such docket immediately after the taking or return thereof, specifying the judgment and its amount, the date of the recognizance, and names of the bail. (514.)

584. Record-Open to all. 589. Such docket shall be a record, and open during the usual hours of transacting business to the examination of any person desiring it. (515.)

585. Neglect of Clerk to enter judgment, etc.- Liability. 590. Every Clerk neglecting to enter any judgment or recognizance, as herein required, shall be liable to any person injured for the amount of damages sustained by such neglect, to be recovered in an action against the Clerk alone, or upon his official bond against him and his sureties. (516.)

586. Who may confess judgment. 453. Any person indebted, or against whom a cause of action exists, may personally appear in a Court of competent jurisdiction, and, with the consent of the creditor or person having such cause of action, confess judgmeht therefor; whereupon, judg ment shall be entered accordingly. (383.)

1. This section applies only to confessions of judgment upon a personal appear - McPheeters v. Campbell, 5 Ind. 107; Veach v. Pierce, 6 id. 48.

ance..

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587. Debt, how stated Release of errors. 454. The debt or cause of action shall be briefly stated in a writing to be filed and copied into the judgment. The confession shall operate as a release of errors. (384.)

I. This section only applies to cases where no complaint has been filed. In such cases, the entry of judgment should show the statement of the cause of action, as there is none elsewhere.- Stebbens v. Cubberly, 10 Ind. 301.

588. Confession by attorney-Affidavit. 455. Whenever a confession of judgment is made by power of attorney or otherwise, the party confessing shall, at the time he executes such power of attorney or confesses judgment, make affidavit that the debt is just and owing, and that such confession is not made for the purpose of defrauding his creditors. The affidavit shall be filed with the Court. (385.)

1. In entering a judgment under this section, if the "power" contain a statement of the cause of action, no complaint is necessary.- Agard v. Hawks, 24 Ind. 276.

2. To authorize a judgment by confession upon power of attorney, it must be exe. cuted according to the requirements of the statute.- McPheeters v. Campbell, 5 Ind. 107; Applegate v. Mason, 13 id. 75.

3. A judgment by confession is good as between the parties thereto, though rendered without, or upon insufficient, affidavit.- Kennard v. Carter, 64 Ind. 31; Mavity v. Eastridge, 67 id. 211.

589. Non-resident to file cost-bond. 474. Plaintiffs who are not residents of this State, before commencing any action, shall file in the office of the Clerk a written undertaking, payable to the defendant, with surety to be approved by the Clerk, for the payment of all costs which may accrue in the action to the proper officer or person; but the suit shall not be dismissed for want thereof, if the plaintiff will file, in open Court, upon being ordered to do so, such undertaking, which shall include all previous costs; and the sureties shall be liable in the first instance as parties. (402.)

1. The rule for cost-bond does not apply when any of the plaintiffs are residents.― Thalman v. Barbour, 5 Ind. 178.

2. Counter-affidavits are not admissible on the question of residence.-- Smith v. Chandler, 13 Ind. 513.

3. A plaintiff may be ruled to give cost-bond at any stage of the cause, when he be comes a non-resident.- Mallaby v. Hinkston, 4 Blackf. 127.

4. Non-resident administrators are within the rule.-Griggs v. Voorhies, 7 Blackf, 561. 5. The bond may be filed in open Court within any time granted or extended, and is valid even after verdict.- Culley v. Laybrook, 8 Ind. 285; Dowell v. Richardson, 10 id. 573; Hughes v. Osborn, 42 id. 450.

6. As to rules of Court upon cost-bonds, see Jeff., etc., R. R. Co. v Hendricks, 41 Ind. 48.

”

590. Costs. 468. In all civil actions, the party recovering judgment shall recover costs, except in those cases in which a different provision is made by law. (396.):

I. All costs are given or withheld by statute. Smith v. State, 5 Ind. 541; Dearinger v. Ridgeway, 34 id. 54.

2. Costs are payable only in lawful money.-Crews v. Ross, 44 Ind. 481.

3. A judgment for costs will be presumed correct.-Bowen v. McDougle, 7 Ind. 414. 4. An insolvent plaintiff who voluntarily dismisses his case, and immediately thereafter re-commences it, may be stayed in the second until he pay costs in the first suit. -State v. Howe, 64 Ind. 18.

5. In adjudging costs upon new trial, the order must relate to costs accrued, not to future costs. Swingle v. Bank, 41 Ind. 423.

591. Recovery under $50-Exception. 469. In actions for money demands on contract commenced in the Circuit or Superior Courts, if the plaintiff recover less than fifty dollars, exclusive of costs, he shall pay costs, unless the judgment has been reduced below fifty dollars by a set-off or counter-claim pleaded and proved by the defendant, in which case the party recovering judgment shall recover costs. When the judgment is reduced below fifty dollars by proof of payments, the defendant shall recover costs: Provided, That in all actions for money demands on contract, where one or more defendants, necessary to a full determination of such cause, are non-residents of the county in which such suit is brought, but are residents of the State of Indiana, and have been duly served with process in such action, the plaintiff shall recover costs, although he may recover judgment for less than fifty dollars. (397.)

1. A party who recovers a judgment for costs can control it, and receive the money therefor. His liability to the officers for a portion of the costs does not affect his rights therein.-Armsworth v. Scotten, 29 Ind. 495; Hays v. Boyer, 59 id. 341.

2. When the defendant settles a suit without agreement as to costs, he is liable therefor up to the time of such settlement.-Jeff. R. R. Co. v. Weinman, 39 Ind. 231. 3. When a tender has been made before, and kept alive during, suit, the plaintiff recovers no costs, unless he recovers more than the tender.- Prather v. Pritchard, 26 Ind. 65.

4. A husband divorced on his own petition is liable for costs. Hedrick v. Hedrick, 28 Ind. 291.

5. When the plaintiff recovers more than fifty dollars exclusive of costs, he recovers costs. - Stow v. Graham, 55 Ind. 10.

592. Suits for damages solely - Costs. 470. In all actions for damages solely, not arising out of contract, if the plaintiff do not recover five dollars damages, he shall recover no more costs than damages, except in actions for injuries to character and false imprisonment, and where the title to real estate comes in question.

(398.)

1. When the verdict in trespass to realty was one dollar, the proper motion as to costs was "that the plaintiff recovers no more costs than damages."-Noah v, Angle, 63 Ind. 425.

2. When a cause is reversed for error occurring at the trial, the reversal carries with it all trial costs below.-Winton v. Conner, 24 Ind. 107.

3. This section does not apply to Justices' Courts, or appeals therefrom.-Castle v. House, 41 Ind. 333.

4. When the recovery is reduced below fifty dollars by set-off or counter-claim, the plaintiff recovers costs.- Poag v. La Due, 7 Ind. 675; Holmes v. Wright, 36 id. 383. 5. When payment reduces the judgment below fifty dollars, the defendant recovers costs.- Carter v. Crume, 7 Ind. 197.

6. The Court and the law, not the jury, determine costs.- - Conner v. Winton, 8 Ind. 315.

593. Relators, etc., liable jointly with parties - Exception. 471. Relators, and persons and corporations for whose use an action is brought, whether such use is shown by the pleadings of the plaintiff or defendant, shall be liable for costs jointly with the actual parties to the action; but when the State is plaintiff, the relator only shall be liable, and judgment for costs shall be rendered accordingly, except in case when a State officer or prosecuting attorney, by virtue of his office, may be a relator for the State of Indiana, such relator shall not be liable for costs. [As amended by act in force April 13, 1885. S. 1885, p. 239.