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erk must immediately make, in the docket of the ent, upon which it was issued, an entry of the tating the time when the execution was returned.

266. Sheriff to give copy of satisfied execution; to enter satisfaction. -A sheriff, upon being paid 11 amount due upon an execution in his hands. immediately indorse thereupon a return of satis thereof.(1) He must also deliver, to the person g the payment, upon the latter's request, and pay. of the fees allowed by law therefor, a certified of the execution, and of the return of satisfaction pon; which may be filed with the clerk of the County, who must thereupon cancel and discharge cket of the judgment, as if the judgment-roll was n his office, and the execution was returned to s satisfied. But this section does not exonerate eriff, from his duty to return the execution, to the with whom the judgment-roll is filed.

), ch. 6, 1 (4 Edm. 635), am'd. (1) Taylor v. Ranney, 4 Hill,

67. Docket; when to be discharged and can-The clerk of a county, with whom a judgment en docketed, must cancel and discharge the docket f, upon the filing, with him, of a certificate of the with whom the judgment-roll is filed, showing e judgment has been reversed, vacated, or satis. record; or the certificate of the clerk of the , with whom a copy of an execution, and of a ref satisfaction thereupon, have been filed, as preI in the last section, showing that they have been 1, and the docket cancelled and discharged accord

and L. 1844, ch. 104, 5 (4 Edm. 627), consolidated. ', etc., Bank, 4 Lans, 301; aff'd, 50 N. Y. 396.

Booth v.

68. Discharge of a judgment against a bankAt any time after two years have elapsed, since rupt was discharged from his debts, pursuant to ts of congress relating to bankruptcy, he may upon proof of his discharge, to the court in which ment was rendered against him, for an order, dithe judgment to be cancelled and discharged of If it appears that he has been discharged from

the payment of that judgment, an order must be made accordingly; and thereupon the clerk must cancel and discharge the docket thereof, as if the proper satisfac tion-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 cred. itor, 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.

A

§ 1269. Power of courts respecting docket. 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 nunc pro tunc.

L. 1844, ch. 104, 27 (4 Edm. 628), am'd. Roth v. Schloss, 6 Barb. 308, 312; Denton v. Denton, 41 How. 221; People v. Goff, 52 N. Y. 434; Dalrymple v. Williams, 63 id. 361.

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§ 1270. Clerk to file and note assignment of judg 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 re of the book, where the filing of the assignment is ed.

W.

1271. [Amended, 1879.] By striking out section velve hundred and seventy-one.

.To what judgments and executions this arplies. This article applies only to a judg holly or partly for a sum of money, or directing ent of a sum of money; and to an execution on such a judgment.

TITLE II.

Judgments taken without process.

Confession of judgment.

Submission of a controversy, upon facts admitted.

ARTICLE FIRST.

CONFESSION OF JUDGMENT.

Judgment may be confessed. When married woman may

confess.

Statement; form thereof.

Statement to be filed, and judgment entered.

Judgment-roll; docketing and enforcing the judgment.
Execution, where the judgment is not all due.
Confession by one of several joint debtors.

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[Amended, 1877.] Judgment may be conWhen married woman may confess. - A t by confession may be entered, without action, r money due or to become due, or to secure a gainst contingent liability in behalf of the deor both, as prescribed in this article.(1) A marlan may confess such a judgment, if the debt racted for the benefit of her separate estate, or urse of any trade or other business carried on n her sole and separate account.(2)

Proc., 382. Burkham v. Van Saun, 14 Abt. N. 8. 163; Bouen, 2 Šandf, 625; Merritt v. Baker, 11 How. 456; Hill v. Nor. . 526; Truscott v. King, 6 N. Y. 147; Marks v. Reynolds, 11 Averill v. Loucks, 6 Barb.19; Stoughtenburgh v. Vandenburgh, : Von Keller v. Muller, 3 Abb. 375, note; Graser v. Stellwa

gen, 25 N. Y. 315; Gere v. Supervisors of Cayuga, 7 How. 255; Mallory. Clark, 20 id. 418; 8. c., 9 Abb. 358; Leahey v. Kingon, 22 How. 209; 8. C.. 13 Abb. 192; Lambert v. Converse, 22 How. 265; Person v. Warren, 14 Barb. 488; Ireland v. Smith, 1 id. 419: Manuf. Bank v. St. Johns, 5 Hill 497; Manuf. Bank v. Boyd, 3 Denio, 257; Bonnell. Henry, 13 How. 142. (2) New. See First Nat. Bank of Canandaigua v. Garlinghouse, 53 Barb. 615; 8. c., 36 How. 369; Watkins v. Abrahams, 24 N. Y. 72.

§ 1274. Statement; form thereof. A written statement 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 matters of fact therein set forth are true.(2)

Co. Proc., 383, am'd. Cook v. Whipple, 55 N. Y. 150; Delaware v. Ensign, 21 Barb. 85; Lanning v. Carpenter, 20 N. Y. 448; Freligh v. Brink, 22 id. 418; Hopkins v. Nelson, 24 id. 518; Neusbaum v. Keim, id. 325; Dow v. Platner, 16 1d. 563; Thompson v. Van Vechten, 27 id. 568; Ely v. Cooke, 28 id. 365; Frost v. Koon, 30 id. 428; Kirby v. Fitzgerald, 31 id. 417; Kellogg v. Cowing, 33 id. 408; Read v. French, 28 id. 285; Johnston v. McAusland, 9 Abb. 214; Marks v. Reynolds, 12 id. 403; Lyon v. Sherman, 14 id. 393; Winnebrenner v. Edgerton, 8 id. 419; 17 How. 363; 30 Barb. 185; McKee v. Tyson, 10 Abb. 395; Curtis v. Corbitt, 25 How. 58; Manchester v. Preston, 14 id. 21; Mott v. Davis, 15 id. 67; Park v. Church, 5 id. 381; Gandall v. Finn, 33 id. 444; 1 Keyes, 217; Acker v. Acker, id. 291; Clements v. Gerow, id. 297; Rathbone v. Stocking, 2 Barb. 135 (1) Purdy v. Upton, 10 How. 494; Post v. Coleman, 9 id. 64; Mosher v. Heydrick, 45 Barb. 459. (2) Ingram v. Robbins 33 N. Y. 409; Delaware v. Ensign, 21 Barb. 82; Mosher v. Heydrich, 1 Abb. N. S. 258; 45 Barb, 459; 30 How. 101; Post v. Coleman, 9 id. 64.

1275. Statement to be filed, and judgment entered. At any time within three years after the statement verified, it may be filed with a county clerk, or with e clerk of a superior city court, or, where the sum, or which judgment is confessed, does not exceed two housand dollars, exclusive of interest from the time f making the statement, with the clerk of the marine urt of the city of New-York. Thereupon the clerk st enter, in like manner as a judgment is entered in

›n, a judgment for the sum confessed, with costs, he must tax, to the amount of fifteen dollars, disbursements taxable in an action. If the nt is filed with a county clerk, the judgment e entered in the supreme court; if it is filed with k of another court, specified in this section, the nt must be entered in the court of which he is But a judgment shall not be entered upon such nent, after the defendant's death.

c., 384, first sentence, am'd. Mosher v. Heydrich, 45 Barb 1 Abb. N. S. 258; and 30 How. 101; Blydenburgh v. Northrop, Neele v. Berryhill, 4 id. 16; Daly v. Mathews, 20 id. 267; Cur bitt, 25 How. 58.

76. [Amended, 1879.] Judgment-roll; docketd enforcing the judgment. The clerk, immeafter entering the judgment, must attach toand file the statement, as verified, and a copy of dgment; which constitute the judgment-roll. dgment may be docketed, and enforced against y, in the same manner, and with the same is a judgment in an action, rendered in the same and each provision of law, relating to a judg. n an action, and the proceedings subsequent , apply to a judgment thus taken.

34, second and third sentences, am'd. Biydenourgn v. NorHow. 290; Neele v. Berryhill, 4 id. 16; Daly v. Matthews, 20

17. Execution where the judgment is not all Where the debt, for which the judgment is renis not all due, execution may be issued, upon Igment, for the collection of the sum which has due. The execution must be in the form preby law, for an execution upon a judgment for 1 amount recovered; but the person, whose name cribed to it, must indorse thereupon a direction sheriff, to collect only the sum due, stating the t thereof, with interest thereon, and the costs of Igment. Notwithstanding the issuing and colof such an execution, the judgment shall reis security for the sum or sums to become due, he execution is issued. When a further sum bedue, an execution may, in like manner, be issued › collection thereof; and successive executiona › issued, as further sums become due.

mainder of § 384.

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