, 1854-07-01

such confession shall be waiver Of all er-
rors for want of service or complaint.
When made upon a written power of at
torney, the execution thereof shall be pro
we'd to the satisfaction Of the court, and
the power of attorney'filed with the clerk.
Sec. 22T. In-all cases the plaintiff or his
attorney shall make oath that the amount
for which the judgment is taken is actually
due. and that the confession is not made by
collision with the defendant, or for the
purpose Of hindering, defeating, or defrau'
ding any creditors OF the defendant,
Sec. 228 Judgments by confession shall
have the effect Of ordinary judgments from
the day on which they are rendered,
THE MANNER OF TAKING AND ENTERING
JUDGMENT.
See. 229. When trial by jury has been
had, Judgment shall be entered in contor-
nifty to the verdict at the term during
which it is rendered, unless an affidavit or
statement of grounds for n new trial shall
be fled, or unless the court order the case
to be reserved for argument or further con-
sideration, or grant stay Of proceedings.
Sec. 230. When the case is reserved for
argument or further consideration, as men,
toned in the last section, it may be brought
by either party before the court for argu-
ment at the first term thereafter
Sec. 23l. If set-oh established at the
trial exceed the plaintiffs demand so es-
tablished, Judgment for the defendant shall
be given for the excess; or if it appear
that the defendant is entitled to any other
affirmative relief, Judgment shall be given
accordingly.
Sec 232 In an action to recover the
possession of personal property, judgment
for the plaintiff may be for the possession.
or the value thereof, in case delivery can
not be had, and damages for the detention
If the property have been delivered to the
plaintiff, and the defendant claim a return
thereof, Judgment for the defendant may
be for return of the property, or the val
ne thereof, in case return cannot be had
and damages for taking and Withholding
the same.
Sec. 233. Immediately after entering the
judgment, the clerk shall attach together
all the papers in the case, and carefully
keep them in his Office.
Sec. 234. Every clerk shall keep in his
Office well bound book, to be called the
execution docket, which shall be public
record, and open during usual business
hours to all persons desirous of inspecting
il.
Sec. 235. Within thirty days after the
/. close Of any term Of the court, the clerk
shall enter in said execution docket, state
ment of each final Judgment rendered at
such term containing
LIST. The names at length Of all the par
tics
I'd. The date of the Judgment, and
against whom rendered.
Sd. The amount or nature of the judg
meut, and costs.
4tb. An abstract of the costs Of each
party, aud TO whom belonging.
Z Sec. 1885, The clerk shall also enter il
his execution docket, o minute, in likf
manner, of any transcript Of a judgment
from the Supreme Court, or from the Dis
trict court of any other county, or from Q
justice of the peace, when the same art
presented to him for that parpose, as shal
be provided for by law
Sec. 237. He shall leave space OH thu
same page, if practicable, with each case
in which he shall enter, in the order il
which they occur, all the proceedings sub
sequent to the Judgment in said case, unit
its final satisfaction, including the tint
wien, and to what county, the execution il
issued, and when returned, and the return
or substance thereof. When the execution
is levied on personal property, which is re
nnenlA hR uholl ha iad'
(noting the date) 'on personal property
not Sold" When any sheriff shall furnish
the clerk with copy Of any levy upon rea
estate on any judgment, the minutes o
which are entered in his execution docket
the entry shall be, ''levied upon real es
tate,n noting the date, and shall refer tC
the page upon the book of levies where
the same is entered as is hereinafter pro
vided. When any execution, issued to any
other county, is returned levied upon rea
estate in such county, the entry in the exc
outiOn docket shall be, '1evied on real es
tate Of, in - county," noting
the date, county, and defendant whose es
tate is levied upon; and when tho money il
made or any part thereof, the amount ant
time when made shall he entered; also
when writ of error has been taken, OIL
the judgment is appealed, reversed, modi
fed, discharged, or in any manner satisfied
the facts in respect thereto shall be en-
tered. The parties indebted may also as
sign or discharge such Judgment, on sucl
execution docket, when the judgment il
fully satisfied, in any way, the clerk shal
write the word Satisfied" in large letter;
across the face Of the entry of such judg
ment.
Sec. 23S. The clerk shall prefix to the ex
ecution docket full and correct alphabet
ieal index containing the names of all per
sons parties to judgments plaintiffs and
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