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the payment of that judgment, an order must be mado accordingly; and thereupon the clerk must cancel and discharge the docket thereof, as if the proper satisfaction-piece of the judgment was filed. Notice of the application, accompanied with copies of the papers upon which it is made, must be given to the judgment creditor, unless his written consent to the granting of the order, with satisfactory proof of the execution thereof, and, if he is not the party in whose favor the judgment was rendered, that he is the owner thereof, is presented to the court, upon the application. L. 1875, ch. 52, am'd.
$ 1269. Power of courts respecting dockets -- A court of record has the same power and jurisdiction, concerning the docket of its judgments, kept by a county clerk, which it has concerning the docket, kept by its own clerk. It may direct that such a docket be amended; or that its judgment, there docketed, be docketed nuno pro tunc.
L. 1844, cb. 104, 87 (4 Edm, 628), am'd. Roth v. Schloss, 6 Barb. 308, 312; Denton o. Denton, 41 How. 221; People v. Gotf, 52 N. Y. 134; Dai. rymple v. Williams, 63 id. 361.
$ 1270. Clerk to file and note assignment of judge ment - Upon the presentation, to the clerk of a court of record, of an assignment of a judgment, entered in his office, executed by a person entitled to satisfy the judgment, as prescribed in section 1260 of this act, and otherwise executed as prescribed in that section, with respect to a satisfaction-piece, and upon payment of the fees, allowed by law, for filing a transcript, and docketing a judgment thereupon, the clerk must forth with file the assignment in his office, and make, upon the docket of the judgment, an entry of the fact, and of the day of filing : or, if he keeps a separate book for the entry of assignments of judgments, an entry, referring to the page of the book, where the filing of the assignment is noted. New.
$ 1271. (Amended, 1879.] By striking out section twelve hundred and seventy-one.
$ 1272. To what judgments and executions this ar ticle applies. -- This article applies only to a judg. ment, wholly or partly for a sum of money, or directing the payment of a sum of money; and to an execution issued upon such a judgment. Wow.
Judgments taken without process. ABRIOLE 1. Confession of judgment,
2. Submission of a controversy, upon facts admitted.
CONFESSION OF JUDGMENT.
BBC 1273, Judgment may be confessed. When married woman Mix
$ 1273. (Amended, 1877.] Judgment may be con. fessed. When married woman may confess. --A judgment by confession may be entered, without action, either for money due or to become due, or to secure å person against contingent liability in behalf of the defendant, or both, as prescribed in this article.(1) A mar. ried woman may confess such a judgment, if the debt was contracted for the benefit of her separate estate, or in the course of any trade or other business carried on by her on her sole and separate account.(2)
(1) Co. Proc., 8382. Burkham v. Van Saun, 14 Abb. N. 8. 163; Bon. tette v. Owen, 2 Sandt. 625; Merritt v. Baker, 11 liow. 456; Hill v. Nor throp, 9 id. 526; Truscott v. King, 6 N. Y. 147; Marks v. Reynolde, 11 Abb. 403 ; Averill v. Loucks, 6 Barb, 19; Stoughtenburgh v. Vandenburg How. 229; for Keller r. Muller, 3 Abs. 375, pote: Graser v. Stellwa
gea, 25 N. Y. 315; Gere v. Supervisors of Cayuga, 7 How. 255; Mallory k Clark, 20 id. 418; 8. C., 9 Abb. 358; Leahey v. Kingon, 22 How. 209; 4. C., 13 Abb. 192; Lambert v. Converse, 22 How. 215; Person v. Warren, 14 Barb. 488; Ireland o. Smith, I Id. 419; Manuf. Bank v. St. Johns, 5 HIL 197; Manuf. Bank o. Boyd, 3 Deulo, 257 ; Bonnell v. llenry, 13 How. 142. (2) New. See First Nat. Bank of Canandaigua v. Garlinghouse, 53 Barb. $25; &. C., 36 How. 369; Watkins v. Abrahams, 24 N. Y. 72.
$ 1274. Statement; form thereof. A written state ment must be made, and signed(1) by the defendant, to the following effect:
1. It must state the sum, for which judgment may be entered, and authorize the entry of judgment therefor.
2. If the judgment to be confessed is for money due or to become due, it must state concisely the facts, out of which the debt arose ; and must show, that the sum confessed therefor is justly due, or to become due.
3. If the judgment to be confessed is for the purpose of securing the plaintiff, against a contingent liability, it must state concisely the facts, constituting the liability; and must show, that the sum confessed therefor does not exceed the amount of the liability.
The statement must be verified by the oath of the defendant, to the effect, that the matiers of fact therein set forth are true.(2) Co. Proc., 8383, am'd. Cook v. Whipple, 55 N. Y. 150; Delaware . Ensign, 21 Barb. 55; Lanning v. Carpenter, 20 N. Y. 448; Freligh v. Brink, 22 14. 418; Hopkins v. Nelson, 24 id. 518; Neusbaum v. Keim, 1d. 325 Dow v. Platner, 16 id. 563 ; Thompson v. Van Vechten, 27 id. 568; Ely v. Cooke, 23 Id. 365; Frost v.koon, 30 id. 428; Kirby v. Fitzgerald, 31 1d 417; Kellogg ». Cowing, 33 id. 408; Read u. French, 28 id. 285; Johpstop v. McAusland, 9 Abb. 214; Marks v. Reynolds, 12 id. 403 ; Lyon v. Sherman, 14 1d. 393; Winnebrenner v. Edgerton, 8 Id. 419; 17 How. 363; & Barb. 133; McKee v. Tyson, 10 Abb. 395; Curtis v. Corbiit, 25 How de : Manchester v. Preston, 14 id. 21; Mott v. Davis, 15 id, 67; Park v. Church, 5 Id. 381; Ganilall v. Fian, 33 id, 414;
1 Keyes, 217 ; Acker o. Acker, id. 291; Clements v. Gerow, id. 297 ; Rathbone v. Stocking, 1 Bart. 135 (1) Purdy v. Upton, 10 How. 494; Post v. Coleman, 9 d. 64: Mosher u. Heydrick, 45 Barb. 459. (2) Ingram v. Robbins 33 N. Y, 409; Delaware v. Ensign, 21 Barb. 82, Mosher v. Heydrich, 1 Abb. N. 8. 208; $6 barb. 459; 30 low. 101; Post r. Coleinan, 9 id. 64.
$ 1275. [Amended, 1895.] Statement to be filed, and judgment entered. - At any time within three years after the statement is verified, it may be filed with a county clerk, or, where the sum, for which judgment is confessed, does not exceed two thousand dollars, exclusive of interest from the time of making the statement, with the clerk of the city court of the city of New-York. Thereupon the clerk must enter, in like manner as a judgment is entered in an action, a judg.
ment for the sum confessed, with costs, which he must tax, to the amount of fifteen dollars, besides disbursements taxable in an action. If the statement is filed with a county clerk, the judgment must be entered in the supreme court; if it is filed with the clerk of another court, specified in this section, the judgment must be entered in the court of which he is clerk. But a judgment shall not be entered upon such a statement, after the defendant's death.
In effect Jan. 1, 1896; L. 1895, ch. 946. Co. Proc., 8384, Erst sentence, am'd. Mosher v. Heydrica, 45 Barb. 519; 8. C., I Abb. N. 8. 258; and 30 How. 101; Blydenburgh o. Northrop. 13 10. 290; Neele v. Berryhill, 4 id. 16; Daly v. Mathews, 2 lá. 287; Curs tis v. Corbitt, 20 How. 58.
$ 1276. (Amended, 1879.] Judgment-roll; docketing and enforcing the judgment. — The clerk, immediately after entering the judgment, must attach together and file the statement, as verified, and a copy of the judgment; which constitute the judgment-roll. The judgment may be doeketed, and enforced against property, in the same manner, and with the same effect, as a judgment in an action, rendered in the same court; and each provision of law, relating to a judgment in an action, and the proceedings subsequent thereto, apply to a judgment thus taken.
Id., 384, socord and third sentences, am'd. Biydenburgh o. Nor. throp, 13 How. 269; Neele v. Berryhill, 4 id. 16; Daly v. Matthews, 20
$ 1277. Execution where the judgment is not all due. - Where the debt, for which the judgment is ren. dered, is not all due, execution may be issued, upon the judgment, for the collection of the sum which has become due. The execution must be in the form prescribed by law, for an execution upon a judgment for the full amount recovered ; but the person, whose namo is subscribed to it, must indorse thereupon a direction to the sheriff, to collect only the sum due, stating the amount thereof, with interest thereon, and the costs of the judgment. Notwithstanding the issuing and col. lection of such an execution, the judgment shall remain, as security for the sum or sums to become due, after the execution is issued. When a further sum becomes due, an execution may, in like manner, be issued for the collection thereof; and successivo executions may be issued, es further sums become due. Id., remainder of $384.
$ 1278. Confession by one of several joint debtors. - One or more joiat debtors may confess a judgment for a joint debt, due or to become due.(1) Where all the joint debtors do not unite in the confession, the judgment must be entered and enforced against those only who confessed it; and it is not a bar to an action against all the joint debtors, upon the same demand.
New. (1) See Stoughtenburgb v. Vandenburgh, 7 How. 229: Brlden. becker v. Mason, 16 d. 213; Everson v. Gehrman, 10 id. 801; Lambert D. Donverse, 22 id. 265.
SUBMI88ION OF A CONTROVERSY, UPON FACTS ADMITTED, Bro. 1279. Controverby, how submitted without process.
1280. Papers to be tied; controversy thereupon becomes an scoa.
1281. Subsequent proceedings regulated. $ 1279. Controversy, how submitted without prou Ceg8. - The parties to a question in difference, which might be the subject of an action, being of full age,(1) may agree upon a case, containing a statement of the facts, upon which the controversy depends ; and may present a written submission thereof to a court of record, which would have jurisdiction of an action, brought for the same cause. The case must be accom. papied with the affidavit of one of the parties, to the effect, that the controversy is real; and that the submission is made in good faith, for the parpose of de termining the rights of the parties. The submission must be acknowledged or proved, and certified, in like manner as a deed, to be recorded in the county where it is filed.
Co. Proc., part of 372, am'd. Clark d. Wise, 46 N. Y. 612; Wood .. Squires, 60 id. 191; Kearing v. Irwin, 65 ld. 436; Union Bauk v. Knpper, 63 id. 617 : Lang r. Ropke, 1 Duer, 702: Van Sickie y. Van Sickle. & ilow. 265; Neilson v. Com. Mut. Ins. Co., 3 Duer, 435; Id. 663. (1) Fisher u. Biliyon, 9 Abb. 33 ; Lathers v. Fish, 4 Lans. 213.
$ 1280. Papers to be filed; controversy thereupon becomes an action. The case, submission, and a lidavit, must be filed in the office of the clerk of the court, to which the subwission is made.(1) If the submissioa is made to the supreme court, they must be filed in the office of the county clerk, if any, specified in the submission; if no county clerk is so specified, they may be Pled in the office of any county clerk. The Aling ia a