Clerk to file and note assignment of judgment. Judgments of United States courts may be docketed. To what judgments and executions § 1270. 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 forthwith 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 page of the book, where the filing of the assignment is noted. New. § 1271. A transcript of a judgment, rendered, within the State, by a court of the United States, duly certified by the clerk of that court, may be filed with a county clerk; who must docket it, as if it had been rendered by the supreme court of the State. 4 Edm. St. 588 (Laws of 1847, ch. 470, first sentence of § 39). § 1272. This article applies only to a judgment, wholly or partly for a sum of money, or directing the payment of a sum of money; this article and to an execution issued upon such a judgment. ⚫ applies. New. Judgment may be When TITLE II. Judgments taken without process. ARTICLE 1. Confession of judgment. 2. Submission of a controversy, upon facts admitted. ARTICLE FIRST. CONFESSION OF JUDGMENT. SEC. 1273. Judgment may be confessed. When married woman may confess. 1274. Statement; form thereof. 1275. Statement to be filed, and judgment entered. 1276. Judgment-roll; docketing and enforcing the judgment. be § 1273. [Amended, 1877.] A judgment by confession may confessed. entered, without action, either for money due or to become due, or married to secure a person against contingent liability in behalf of the de may con fendant, or both, as prescribed in this article. A married woman woman may confess such a judgment, if the debt was contracted for the fess. benefit of her separate estate, or in the course of any trade or other business carried on by her on her sole and separate account. The first sentence consists of Code Pro., § 382. The second sentence is new; Wait's Code, 726, 727; 3 Wait's Pr. 682-694. A judgment by confession may be taken to secure future advances of notes and other commercial paper, agreed to be made by the plaintiff, for the defendant, and which the former is to provide for at maturity. Cook v. Whipple, 55 N. Y. (10 Sick.) 151, 167. A judgment entered by confession as security for a sum stipulated to be paid for services to be rendered in a Judgment cannot be confessed for a § 1274. A written statement must be made, and signed by the Statedefendant, 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. Code Pro., § 383; Wait's Code, 727--731; 3 Wait's Pr. 686-690. v. Whipple, 55 N. Y. (10 Sick.) 150. See Cook ment; form thereof. ment to and judg entered. § 1275. At any time within three years after the statement is Stateverified, it may be filed with a county clerk, or with the clerk of a be filed, superior city court, or, where the sum, for which judgment is con- ment fessed, does not exceed two thousand dollars, exclusive of interest from the time of making the statement, with the clerk of the marine court of the city of New-York. Thereupon the clerk must enter, in like manner as a judgment is entered in an action, a judgment for the sum confessed, with costs, which he must tax, to the amount of fifteen dollars, besides disbursements taxable in an action. If the statement is filed with a county clerk, the judgment must be entered in the supreme court; if it is filed with the clerk of another court, specified in this section, the judgment must be entered in the court Judgmentroll; docketing and enforcing the judgment. Execution, where the is not all due. of which he is clerk. But a judgment shall not be entered upon such a statement, after the defendant's death. Code Pro., first sentence of § 384, amended, by adding a clause at the commencement of the section, limiting the time of filing to three years; by substituting the words, "a superior city court" for the words, "the su perior court of the city of New-York," by increasing the amount of costs from $5 to $15; and by adding the last sentence. Wait's Code, 731, 732; 3 Wait's Pr. 690–692. § 1276. The clerk, immediately after entering the judgment, must attach together and file the statement, as verified, and a certified copy of the judgment, which constitute the judgment-roll. The judgment may be docketed, and enforced against property, in the same manner, and with the same effect, as a judgment in an action, rendered in the same court; and each provision of law, relating to a judgment in an action, and the proceedings subsequent thereto, apply to a judgment thus taken. Code Pro., § 384, second and third sentences amended by adding the last clause; Wait's Code, 731, 782; 3 Wait's Pr. 692, 693. § 1277. Where the debt, for which the judgment is rendered, judgment is not all due, execution may be issued, upon the judgment, for the collection of the sum which has become due. The execution must be in the form prescribed by law, for an execution upon a judgment for the full amount recovered; but the person, whose name is subscribed to it, must indorse thereupon a direction to the sheriff, to collect only the sum due, stating the amount thereof, with interest thereon, and the costs of the judgment. Notwithstanding the issuing and collection of such an execution, the judgment shall remain, as security for the sum or sums to become due, after the execution is issued. When a further sum becomes due, an execution may, in like manner, be issued for the collection thereof; and successive executions may be issued, as further sums become due. Confession by one of several joint debtors. Code Pro., § 384, last two sentences; Wait's Code, 731, 732; 3 Wait's Pr. 692, 693. § 1278. One or more joint debtors may confess a judgment for a joint debt, due or to become due. Where all the joint debtors do not unite in the confession, the judgment must be entered and enforced against those only who confessed it; and it is not a bar to an action against all the joint debtors, upon the same demand. New. ARTICLE SECOND. SUBMISSION OF A CONTROVERSY, UPON FACTS ADMITTED. SEC. 1279. Controversy, how submitted without process. 1280. Papers to be filed; controversy thereupon becomes an action. 1281. Subsequent proceedings regulated. versy, mitted process. § 1279. The parties to a question in difference, which might be Controthe subject of an action, being of full age, may agree upon a case, how subcontaining a statement of the facts, upon which the controversy without depends; and may present a written submission thereof to a court of record, which would have jurisdiction of an action, brought for the same cause. The case must be accompanied with the affidavit of one of the parties, to the effect, that the controversy is real; and that the submission is made in good faith, for the purpose of determining the rights of the parties. The submission must be acknowl edged or proved, and certified, in like manner as a deed, to be recorded in the county where it is filed. Code Pro., part of § 372, amended by adding the words, "being of full age; " and otherwise; Wait's Code, 722, 723; 1 Wait's Pr. 216-220. In order to a submission, without action, a case must be presented in which there is "dispute about the facts;" and it must contain all the facts necessary to give ground for a conclusion of law. Clark v. Wise, 46 N. Y. (1 Sick.) 614; reversing 57 Barb. 416; 39 How. 97. The court is confined to the facts agreed upon, and can make no inference, or in any way depart from or go beyond the statement presented. Fearing v. Irwin, 55 N. Y. (10 Sick.) 486, 489; affirming S. C., 4 Daly, 385; Union Nat. Bank v. Kupper, 63 N. Y. (18 Sick.) 617. A submission is not within the purview of § 372, Code Pro., which propounds certain interrogatories, where instead of a judgment, capable of being rendered by the court, the parties agree to their own judgment. Wood v. Squires, 60 N. Y. (15 Sick.) 191, 193. An infant cannot submit a controversy, nor can his guardian do it in his behalf. Lathers v. Fish, 4 Lans. 213. Upon a submission of a controversy the court is bound to give such judgment as the facts require, whether the relief be legal or equitable. Graves v. Brinkerhoff, 4 Hun, 305; 6 N. Y. Sup. Ct. (T. & C.) 630. be filed; If contro versy in thereupon becomes § 1280. The case, submission, and affidavit, must be filed in the Papers to office of the clerk of the court, to which the submission is made. the submission is made to the supreme court, they must be filed the office of the county clerk, if any, specified in the submission; if an action. no county clerk is so specified, they may be filed in the office of any county clerk. The filing is a presentation of the submission; and thenceforth the controversy becomes an action; and each provision of law, relating to a proceeding in an action, applies to the subsequent proceedings therein, except as otherwise prescribed in the next section. Subsequent proceed ings regu lated. The first sentence is new. The second sentence is substituted for Code Pro., 374, and so much of § 372 and 373 as provides that the case shall be heard as if an action were depending," and the judgment shall be entered "as in other cases." See note to preceding section. § 1281. An order of arrest, an injunction, or a warrant of attachment, cannot be granted in such an action: the costs thereof are always in the discretion of the court, but costs cannot be taxed, for any proceedings before notice of trial: the action must be tried by the court, upon the case alone: and the case, submission, affidavit, and a certified copy of the judgment, and of any order or paper, necessarily affecting the judgment, constitute the judgment-roll. If the action is in the supreme court, a superior city court, or the marine court of the city of New-York, it must be tried, and judgment rendered, at the general term. If the statement of facts, contained in the case, is not sufficient to enable the court to render judgment, an order must be made dismissing the submission, without costs to either party; unless the court permits the parties, or, in a proper case, their representatives, to file an additional statement, which it may do, in its discretion, without prejudice to the original statement. Code Pro., parts of §§ 372 and 373, amended as required by the last section. See note to § 1279. Motion to set aside for irregu TITLE III. Vacating or setting aside a judgment, for irregularity or error in fact. SEC. 1282. Motion to set aside judgment for irregularity; when it may be heard. 1283. Motion to set aside judgment for error in fact; when it may be made by party. 1284. Id.; after a party's death. 1285. Id.; by a person not a party. 1286. Id.; when several parties are entitled to move. 1287. To whom notice of the motion must be given. 1288. Id.; when real property recovered by the judgment has been conveyed. 1290. Within what time motion to be made. § 1282. A motion to set aside a final judgment, for irregularity, judgment shall not be heard, after the expiration of one year since the filing of the judgment-roll; unless notice thereof is given for a day within heard. the year, and either the hearing is adjourned, by one or more orders, until after the expiration of the year; or the term, for which it is larity; when it may be |