New-York daily tribune., 1851-07-16

u,es to set ASIDE a verdict and gran, tnal upon
EXCEPTIONS as being against evidence or iof lnsui-
fcier, evidence or for excessive damages but such
otions in actions hereafter tired shall only be heard
upon the minutes at the same term or circuit at
VIII the ifia ) had, and II not heard az the same
term or circuit N actions hereafter " ei the motion
-, bs r,ade uron a case or bill OF exceptions or
nrcn arred When such motion IS heard ana de-
cissd uron the minutes OF the Judge, an appeal may
be- ,aksn from such decision, and IN case Oh appeal
case OF bill Of exceptions must he prcptreu ana set
lied in the usual form, and upon which case or Dil oi
excertions the argument of appeal must De haa.
Alter the ;rial OF a cause, either party may IN the
manner prescribed by law and the rules Of me our
In which the acton IS pendins mase as sesSS =, a
case or bill Of exceptions, which when settled >hai
be fled ard when filed after judgment, shail oe AZ
,ached 10 ard become part OF the judgment ron
s265 Motion for new trial on a case or bill OF ex-
ceptlon. motions for judgment on special yerdlc'
or case reserved subject 20 the opinion ni the our
Shall IN The first instance he heard and decided at
Speclal Term, unless the Justice trying the cause
shall order II 10 De heard IN the INST instance az
General Term. Il such order Is granted, drecung
II 10 be heard at General Term, such motlon may
then be noticed and brought on to argument oy either
party at General Term OF such Court and the Court
Shall hear and decide the same.
PCS For the purposes OF an appeal either pSly
NAV except 10 decision on matter OF law arising
upon such trial. within ten days after notice IN
writing, OF the Judgment IN the same manner, ana
with the same effect upon a tral oy Jury. Ana
a
pearing on the tra either OF the questions OF fact
or Of law. NAV al any time within ten DAYS alter
notice of the Judgment, or within such time as may
be prescribed by the rules OF the Court MAKE OH
OF exceptions or containing SO much OF the ey-
dence and such exceptions rs may be material TO the
question 10 be raised The bill OF exceptions or case
shall be settled provldedby the rules OF the Court
and the Judge settling such case shall briefly spe-
city the facts found by hlm and MS conclusions OF
law.
26e On Judgment for the plaintiff upon an issue
OF law, the plaintiff NAV proceed IN the manner pre-
scrlbed by the first two subdivisions OF section Two
hundred and fortysIy upon he failure OF the defend
ant 10 answer. where the summons was personally
served II judgment be for the defendant. upon an
issue of law. and taking OF an account or lhe PROOF
OF any fact be necessary 10 enable the Court 10 com
plete the Judgment. a reference or assessment oy 4
iury may be- ordered. as IN that section provided.
S.72 The trial by referees Is conducted IN the
same manner aS a trial by court They have the
same power TO grant adlournmens as The court upon
such trial They must state the facts found and the
conclusions OF law separately, and their decision
must be gwen and may be excepted 10 and reviewed
In ike manner The report OF the referees upon the
whole issue stands as the decision OF the court and
Judgment may be entered thereon IN the same man
ner as if the action had been tired by the court -
When the reference to report the facts, the report
has the effect OF special verdict.
273 In all Of reference the parties, except
when an infant may be party, may agree upon a
suitable person. or persons. not exceeding three and
the reference shall be ordered accordingly and. If
the parties DO not agree, the Court shall appoint one
or more referees not exceeding three, who shall be
free from exception.
S27s. Judgment upon an issue OF law not tired at
general term or an issue OF fact upon confession,
or upon failure 10 answer except where the clerk Is
authorized to enter the same by the first SUBDIVISION
OF section TWO hundred and iorty-sN. and by section
three hundred and elghty-our shall in the hrSt IN
stance be entered upon the direction OF a single
Judge or report OF referees, subject to review at
the general term, the demand OF either party, as
berein provided
Suh0 y In all
peadlngS OF copies thereof, and copy of the Judg-
ment, with any yerdt'' or report, the otter oil tae de-
fendant bill of eXcepuoe> ease and all orders rela-
ing to a change of parties aDA i parties, and all or
ders and papers III any way nyolS the merits, and
necessarily affecting the judgment.
o 2e2 On filing a Judgment roll upon "a judgment,
directing in whole or IN part the payment OF money,
II may be docketed with the clerk Of the County
where IL was rendered. and IN any other County, upon
the fling with the Clerk thereof transcript OF tae
original docket and shall be lien on the real
property IN the county where the same is docketed,
of every person against whom any such judgment
shall be rendered. and which he may have at the time
of docketIng thereof, in the County IN which such
real estate situated or which he shall acquire AZ
anv time thereafter for ten years from the time Of
docketDg the same III the County where II was rem
dered But whenever an appeal from any judgment
shall be pending, and the undertaking requisite to
stav execution on such judgment shall have been
giyen and the appeal perfected AS provided III the
Code, the Court IN which such judgment was recoy-
cred may, special motion, after notice To the per
see ft direct entry to be made by the Clerk the
docket OF sand judgment that the same is 4" secured
appeal, and thereupon 1t shall cease during the
pcndency of the appeal TO be lien on the real proper
" Of the Judgment debtor against purchasers and
mortgages IN good faith.
2ci. After the lapse OF hye years from the entry
of judgment, an execution can be issued only by
leave of the Court, upon motion, with personal no
nee 10 the adverse party, unless he be absent
resident, cannot be found to make such service,
IN which case such service may be made by pubhca'
ton, or IN such other manner AS the Court shall di
rect. Such leave shall not be gwen, unless II be es-
tabished by the oath of the party other satisfactory
proof that the judgment, or some part thereof re-
mains unsatlshed and due
When Judgment shall have been rendered IN "A
Court OF Justice of the Peace or Justices other
inferior court a city, and docketed IN the office OF
the Clerk of the County the application for leave to
issue execution must be to the County Court OF the
county where the judgment was rendered, or in the
City and County Of New York, to the Court Of Com
mon Pleas OF that city and county
2es. Where the execution Is against the property
of the judgment debtor 1t may be issued 10 the sher
III OF any county where the judgment is docketed.
Where II requires the delivery OF real or personal
property, 1t must be issued TO the Sheriff OF the Coun-
y where the property or some part thereof, Is stu
a.ed Executions may be issued at the same time
to different counties Real property adjudged to be
sold, must be sold IN the county where II lies by the
Sheriff of the County by a referee appointed by
the Court for that purpose, and thereupon the Sheriff,
or referee must execute a conveyance TO the p'r-
chaser. which conveyance shall be efectua to pass
the nights and interests Of The parties adjudged by
tie decree to be sold.
2gl Until otherwise provided by the Legislature
the existing provisions OF law not IN conflict with
tbs chapter relating TO executions and their incl
dents the property liable to sale on execution, the
"a and redemption thereof, the powers and rights
OF ofhcers Their duties thereon, and the proceedings
10 enforc. those duties and the liability OF their
ties, shall apply to the executions prescribed by this
chapter.
292. When an execution against property OF the
judgment debtor, Of any one OF the several debt
the judgment, issued 10 the Sheriff OF the
County where he resides, or II he do not reside IN
the state 70 the Sheriff of the County where Judg
ment ro or transcript Of justices judgment, for
twenty five dollars or upwards, exclusive OF costs, IS
hed, j. returned unsatIsfed IN whole part, the
judgment creditor. at any time after such return
mace, Is entitled 10 an order from a Judge Of the
Court, or a County Judge of the County TO which the
execution was issued, or Judge Of the Court OF