subject to the opinion of the court. Notwithstanding that such a verdict has been rendered, the judge holding the trial term may, at the same term, set aside the verdict, and direct judgment to be entered for either party, with like effect and in like manner, as if such a direction had been given at the trial. An exception to such a direction may be taken as prescribed in section nine hundred and ninety-four of this act. From Co. Proc. part of § 265.

Am'd by ch. 542 of 1879.

§ 1186. General and special verdict defined.

A general verdict is one by which the jury pronounces, generally, upon all or any of the issues in favor either of the plaintiff, or of the defendant. A special verdict is one by which the jury finds the facts only, leaving the court to determine which party is entitled to judgment thereupon.

From Co. Proc. § 260.

§ 1187. General or special verdict, when rendered; special finding with general verdict.

In an action to recover a sum of money only, or real property, or a chattel, the jury may render a general or special verdict, in its discretion. In any other action, except where one or more specific questions of fact, stated under the direction of the court, are tried by a jury, the court may direct the jury to find a special verdict, upon all or any of the issues. Where the jury finds a general verdict, the court may instruct it to find also specially, upon one or more questions of fact, stated in writing. The special verdict or special finding must be in writing; it must be filed with the clerk, and entered in the minutes. When a motion is made to nonsuit the plaintiffs or for the direction of a verdict, the court may, pending the decision of such motion, submit any question of fact raised by the pleadings to the jury or require the jury to assess the damage. After the jury shall have rendered a special verdict upon such submission or shall have assessed the damage, the court may then pass upon the motion to nonsuit or direct such general verdict as either party may be entitled to. On an appeal from the judgment entered upon such nonsuit or general verdict, such special verdict, or general verdict, shall form a part of the record and the appellate division may direct such judgment thereon as either party may be entitled to.

From Co. Proc. § 261.

Am'd by ch. 946 of 1895.

§ 1188. Special finding controls general verdict. Where a special finding is inconsistent with a general verdict, the former controls the latter, and the court must render judgment accordingly. From Co. Proc. § 262.

§ 1189. Entry of verdict; subsequent proceedings. 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, nless a different direction is given by the court, or it is otherwise specially prescribed by law.

From Co. Proc. § 264.

Am'd by ch. 416 of 1877.

TITLE VI.

Miscellaneous provisions, including those relating to embracery, and other acts of misconduct.

SEC. 1190. Trials by jury to be as herein provided; juries of part aliens abolished.

1191. Venire not necessary.

1192. Jurors not to be questioned for their verdict.

1193. Penalty where juror takes gift, etc.

1194. Embracery; penalty therefor.

1195. Penalty for juror's non-attendance in special proceeding.
1196. Sheriff, etc., to keep jury in special proceedings; penalty.
1197. Notice of imposition of fine.

1198. Special return of delinquency and fine to county court.
1199. Collection or remission of fine.

§ 1190. Trials by jury to be as herein provided; juries of part aliens abolished.

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.

From 2 R. S. 419, Part 3, ch. 7, tit. 4, § 53 (2 Edm. 437).

§ 1191. Venire not necessary.

A venire to procure urors cannot be issued in a civil action, brought in a court of record, except as specially prescribed by law.

From 2 R. S. 410, Part 3, ch. 7, tit. 4, § 9 (2 Edm. 427).

§ 1192. Jurors not to be questioned for their verdict. 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.

From 2 R. S. 421, Part 3, ch. 7, tit. 4, § 69 (2 Edm. 439).

§ 1193. Penalty where juror takes gift, etc.

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 any thing 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.

From Id., § 70.

§ 1194. Embracery; penalty therefor.

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.

From Id., § 71.

§ 1195. Penalty for juror's non-attendance in special proceedings.

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.

From 2 R. S. 551, Part 3, ch. 8, tit. 17, § 4 (2 Edm. 572).

§ 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. From 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.

From Id., 6.

§ 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.

From Id., § 7.

§ 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.

From Id., § 8.

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 as signment of a judgment.

ARTICLE FIRST.

General Provisions.

SEC. 1200. Definition of final judgment.

1201. Definition of interlocutory judgment. [Repealed.]

1202. When judgment may be entered. [Repealed.]

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. Definition of final judgment.

A judgment is either interlocutory, or the final determination of the rights of the parties in the action.

From Co. Proc. § 245.

Am'd by ch. 416 of 1877.

See §§ 1001, 1015, 1021, 1767.

§ 1201. Definition of interlocutory judgment. Repealed by ch. 416 of 1877.

§ 1202. When judgment may be entered. Judgment may be entered in term or vacation. From ch. 386 of 1840, § 23 (4 Edm. 691).

§ 1203. 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.

From Co. Proc. § 278.

Am'd by ch. 147 of 1900.

See § 1228.

§ 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.

From Co. Proc. § 274.

See §§ 454, 456.

§ 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.

From Co. Proc. § 274.

See § 456.

§ 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. From Co. Proc. § 274.

See $$ 450, 1488.

§ 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.

From Co. Proc. § 275.

See 88 503, 504. 1626.

§ 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.

From Co. Proc. § 276.