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§ 1234. Motion for judgment upon verdict subject to opinion of the court. A motion for judgment, upon a verdict subject to the opinion of the court, may be made by either party; and must be heard and decided at a term of the appellate division of the supreme court. (AM'D BY CH. 946 of 1895. In effect Jan. 1, 1896.)
$ 1235. Interest on verdict, etc., to be included in recovery. Where final judgment is rendered for a sum of money, awarded by a verdict, report or decision, interest upon the sum awarded, from the time when the verdict was rendered, or the report or decision was made, to the time of entering judgment, must be computed by the clerk, added to the sum awarded, and included in the amount of the judgment.
§ 1236. Entry of judgment.--Every interlocutory judgment or final judgment shall be s gned by the clerk and filed in his office, and such signing and filing shall constitute the entry of the judgment. The clerk shall, in addition to the docket-books required to be kept by law, keep a book, styled the "judgment-book,” in which he shall record all judgments entered in his office. [New.] [AM'D BY CH. 188 OF 1897. In effect April 6, 1897.]
For effect of judgments heretofore filed see ch. 187 of 1897.
8 1237. Judgment-roll to be filed ; of what it consists. [AMENDED BY CH. 416 OF 1877 AND BY CH. 542 OF 1879.] The clerk upon entering final judgment, must immediately file the judgment-roll; which must consist, except where special provision is otherwise made by law of the following papers: the summons; the pleadings, or copies thereof; the final judgment, and the interlocutory judgment, if any, or copies thereof; and each paper on file, or a copy thereof, and a copy of each order, which in any way involves the merits, or necessarily affects the judgment. If judgment is taken by default, the judgment-roll must also contain the papers required to be filed, upon so taking judgment, or upon making application therefor; together with any report, decision or writ of inquiry, and return thereto. If judgment is taken after a trial, the judgment-roll must contain the verdict, report, or decision; each offer, if any, made as prescribed in this act; and the exceptions or case then on file.
$ 1238. Id. ; by whom prepared. The judgment-roll must be prepared, and furnished to the clerk, by the attorney for the party, at whose instance the final judgment is entered; except that the clerk must attach thereto the necessary original papers, on file. But the clerk may, at his option, make up the entire judgment-roll.
$ 1239. Time of filing judgment-roll to be noted. The clerk must make a minute, upon the back of each judgment-roll, filed in his oflice, of the time of filing it, specifying the year, month, day, hour, and minute. A proceeding to enforce or collect a final judgment, cannot be taken, until the judgment-roll is filed.
$ 1240. When a judgment may be enforced by execution. In either of the following cases, a final judgment may be enforced by execution:
1. Where it is for a sum of money, in favor of either party; or directs the payment of a sum of money.
2. Where it is in favor of the plaintiff, in an action of ejectment, or for dower.
3. In an action to recover a chattel, where it awards a chattel to either party.
$ 1241. When a judgment may be enforced by punishment for disobeying it. In either of the following cases, a judgment may be enforced, by serving a certified copy thereof, upon the party against whom it is rendered, or the officer or person, who is required thereby, or by law, to obey it;
and if he refuses or wilfully neglects to obey it, by punishing him for a contempt of the court.
1. Where the judgment is final, and cannot be enforced by execution, as prescribed in the last section.
2. Where the judgment is final, and part of it cannot be enforced by execution, as prescribed in the last section; in which case the part or parts, which cannot be so enforced, may be enforced as prescribed in this section.
3. Where the judgment is interlocutory, and requires a party to do, or to refrain from doing, an act; except in a case specified in the next subdivision.
4. Where the judgment requires the payment of money into court, or to an officer of the court; except where the money is due upon a contract, express or implied, or as damages for non-performance of a contract. case specified in this subdivision, if the judgment is final, it may be enforced as prescribed in this section, either simultaneously with, or before or after the issuing of an execution thereupon, as the court directs.
$ 1242. Real property; how sold. Effect of conveyance. [AMENDED BY Ch. 416 OF 1877.] Except where special provision is otherwise made by law, real property adjudged to be sold, must be sold in the county where it is situated, by the sheriff of the county, or by a referee, appointed by the court for that purpose, who must execute a conveyance to the purchaser. The conveyance is effectual, to pass the right, title, or interest of a party adjudged to be sold; but nothing contained in this section shall be deemed, to repeal or modify the provisions of any law specially regulating the sale of real property under a judgment or decree of any court, in any particular county of the State.
$ 1243. Security upon sale by referee. [AMENDED BY CA. 416 op 1877.) Where a referee is appointed by the court, to sell real property, the court may provide for his giving such security, as the court deems just, for the proper application of the money received upon the sale; or for the payment thereof by the purchaser, directly to the person or persons entitled thereto, or their attorneys.
$ 1244. Conveyance to state name of party. [AMENDED BY CH. 416 OF 1877 AND BY Ch. 542 OF 1879.] A conveyance of property sold by virtue of an execution, or sold pursuant to a judgment, which specifies the particular party or parties, whose right, title or interest is directed to be sold, must distinctly state, in the granting clause thereof, whose right, title or interest was sold, and is conveyed, without naming, in that clause, any of the other parties to the action; otherwise, the purchaser is not bound to accept the conveyance, and the officer executing it is liable for the damages, which the purchaser sustains by the omission, wheth * he accepts or refuses to accept it.
DOCKETING A JUDGMENT; EFFECT THEREOF AS A LIEN UPON REAL PROPERTY; SUSPENDING
AND DISCHARGING THE LIEN; SATISFACTION AND ASSIGNMENT OF A JUDGMENT.
SECTION 1245. Certain clerks to keep docket-books.
1246. Id. ; to docket judgments.
* So in the original.
SECTION 1249. Dockets to be public.
1250. Judgment not to be a lien until docketed.
$ 1245. Certain clerks to keep docket-books. Each county clerk, and the clerk of the city court of the city of New York, must keep one or more books, ruled in columns, convenient for making the entries, prescribed in the next section; in which he must docket, in its regular order, and according to its priority, each judgment, which he is required by this article to docket. The expense of procuring a new book, when necessary is a county charge. [AM'D BY Ch. 946 OF 1895. In effect Jan. 1, 1896.]
$ 1246. Id. ; to docket judgments. Each clerk, specified in the last section, must, when he files a judgment-roll, upon a judgment, rendered in a court of which he is clerk, docket the judgment, by entering, in the proper docket-book, the following particulars, under the initial letter of the surname of the judgment-debtor, in its alphabetical order:
1. The name, at length, of the judgment-debtor; and also his residence, title, and trade or profession, if any of them are stated in the judgment.
2. The name of the party, in whose favor the judgment was rendered. 3. The sum recovered or directed to be paid, in figures. 4. The day, hour, and minute, when the judgment-roll was filed.
5. The day, hour, and minute, when the judgment was docketed in his office.
6. The court in which the judgment was rendered, and if it was rendered in the supreme court, the county where the judgment-roll is filed.
7. The name of the attorney for the party recovering the judgment.
If there are two or more judgment-debtors, those entries must be repeated, under the initial letter of the surname of each.
$ 1247. Filing transcripts, and docketing judgments thereon. A clerk, with whom a judgment-roll is filed, upou a judgment docketed as prescribed in the last section, 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 his fees therefor, immediately file it, and docket the judgment, as prescribed in the last section, in the appropriate docket-book, kept in his office.
* Stricken out by Ch. 542 of 1879.
$ 1248. Penalty for clerk's neglect. A clerk who omits, as soon as practicable, to docket a judgment required to be docketed, or to furnish a transcript of a judgment, so docketed in his office, as prescribed in the last two sections, forfeits, to the person aggrieved, two hundred and fifty dollars, in addition to the damages sustained by reason of the omission.
$ 1249. Dockets to be public. A docket-book, kept by a clerk, must be kept open, during the business hours fixed by law, for search and examination by any person.
$ 1250. Judgment not to be a lien until docketed. A judgment, required to be docketed, as prescribed in this article, neither affects real property or chattels real, nor is entitled to a preference, until the judgmentroll is filed, and the judgment docketed.
$ 1251. Real property bound for ten years by a judgment thus docketed. Except as otherwise specially prescribed by law, a judgment hereafter rendered, which is docketed in a county clerk's office, as prescribed in this article, binds, and is a charge upon, for ten years after filing the judgment-roll, and no longer, the real property and chattels real in that county, which the judgment debtor has at the time of so docketing it, or which he acquires at any time afterwards, and within the ten years.
§ 1252. Real property may be levied upon after ten years. When ten years after filing the judgment-roll have expired, real property or a chattel real, which the judgment debtor, or real property which a person, deriving his right or title thereto, as the heir or devisee of the judgment debtor, then has, in any county, may be levied upon by virtue of an execution against property, issued to the sheriff of that county, upon a judgment hereafter rendered, by filing, with the clerk of that county, a notice, subscribed by the sheriff, describing the judgment, the execution, and the property levied upon; and, if the interest levied upon is that of an heir or devisee, specifying that fact, and the name of the heir or deviseę. The notice must be recorded and indexed by the clerk, as a notice of the pendency of an action. For that purpose, the judgment debtor, or his heir or devisee, named in the notice, is regarded as a party to an action. The judgment binds, and becomes a charge upon, the right and title thus levied upon, of the judgment debtor, or of his heir or devisee, as the case may be, only from the time of recording and indexing the notice, and until the execution is set aside or returned.
$ 1253. Land held under contract not bound by judgment. The interest of a person holding a contract for the purchase of real property, is not bound by the docketing of a judgment; and cannot be levied upon or sold, by virtue of an execution issued upon a judgment.
$ 1254. Preference of mortgages for purchase-money. Where real property is sold and conveyed, and, at the same time, a mortgage thereupon is given by the purchaser, to secure the payment of the whole or a part of the purchase-money, the lien of the mortgage, upon that real property, is superior to the lien of a previous judgment against the purchaser.
$ 1255. Certain time not to be included in the ten years. The time during which a judgment creditor is stayed, by an injunction or other order, or by the operation of an appeal, or by express provision of law, from enforcing a judgment, is not a part of the ten years to which the lien of a judgment is limited by this article. But this section does not extend the time of the lien, as against a purchaser, creditor, or mortgagee in good faith.
$ 1256. Court may order lien of judgment to be suspended upon appeal. Where an appeal from a judgment has been perfected, and an undertaking has been given, sufficient to entitle the appellant to a stay of the execution of the judgment, without an order for that purpose, the court in which the judgment was recovered, may, in its discretion and upon such terms as justice requires, make an order, upon notice to the attorney for the respondent, and to the sureties in the undertaking, exempting from the lien of the judgment, as against judgment creditors, and purchasers and mortgagees in good faith, the real property or chattels real, upon which the judgment is a lien, or a portion thereof, specifically described in the order. Ìf all the property, subject to the lien, is so exempted, the order must direct the clerk in whose office the judgment-roll is filed, to make an entry, on the docket of the judgment, in each place where it appears in the docket-book, substantially as follows: “Lien suspended upon appeal. See order entered;" adding the proper date. If a portion only is exempted, the order must direct the clerk to make, in like manner, an entry, substantially as follows: “Lien partially suspended upon appeal. See order entered;" adding the proper date. The clerk must, when he files the motion papers, and enters the order, make the entry or entries in the docket book, as required by the order.
$ 1257. From what time order suspends the lien. Where an order is made, as prescribed in the last section, by the supreme court or by a county court, it operates as a suspension of the lien upon property situated in the county, where the judgment-roll is filed, from the time when the order is entered, and the proper entry made in the docket-book. If the property exempted is situated in another county, or if the order was made by a court, other than the supreme court or a county court, the order operates as a suspension, from the time, when the proper entry is made in the docket-book, kept by the clerk of that county, as prescribed in the next section.
$ 1258. How lien suspended in any other county. The clerk, with whom the order is entered, must, upon payment of his fees therefor, furnish to the party who obtained the order, one or more transcripts, attested by his signature, of the docket of the judgment, including the entry made upon the docket. A county clerk, in whose office the judgment is docketed, must, upon payment of his fees therefor, immediately file such a transcript; and make an entry upon the docket of the judgment, in each place where it appears in his docket-book, substantially as follows: “Lien suspended,” or, “ Lien partially suspended,” according to the entry upon the original docket, and also, “ See transcript filed;" adding the proper date.
$ 1259. When and how lien restored. At any time after a judgment, which has ceased to be a lien, as prescribed in the last three sections, is affirmed, or the appeal therefrom is dismissed, the lien thereof may be restored, as follows:
1. The clerk, in whose office the judgment of affirmance, or the order dismissing the appeal, is entered, must, upon the request of the judgment creditor, docket the judgment anew, as it was originally docketed, but in the order of priority of the new docket; and he must write upon the new docket, the words, “Lien restored by redocket;" adding the date of redocketing.
2. A transcript of the new docket must be furnished to a county clerk, in whose office an entry of the suspension of the lien has been made, as prescribed in the last two sections; and therenpon the judgment must be docketed by him anew, in the order of the priority of the new docket. The clerk who so redockets the judgment, must make an entry upon the new docket,