Page:United States Statutes at Large Volume 31.djvu/422

 370 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. ` person against contingent liability on behalf of the defendant in such judgment, or both, if it be in favor of the same person. mxgjgugéigggson Sec. 246. The confession shall be made, assented to, and acknowl- ` edged, and judgment given in the same manner as a confession in an action pending; besides which, the confession shall be verified by the oath of the party making it, and shall authorize a judgment to be given fora particular sum. lf it be for money due or to become due 1t shall state plainly and concisely the facts out of which such indebtedness arose, and shall show that the sum confessed therefor is justly due or _ to become due. y egjjgfl S§§§§*·j“;§;j _ Sec. 247. Tf it be for the purpose of securing the plaintiff in_ the mentforiusmllmenw. judgmentagainstacontmventliability, Itshall state plain yand concisely the facts constituting suczh liability and shall show that the sum confessed therefor does not exceed the same. When judgment is given so as tb: be payable in installments, executions may issue to enforce the payment of such installments as they become due. CHAPTER TWENTY—EIGHT. OF SUBMITIING CONTROVERSY WITHOUT ACTION. Sec. Sec. - 248. Controversy may be submitted with-I 250. Statement to be Bled with the clerk. out action. Jurisdiction of court. 249. Statement of the case and veriBcation thereof. . Sug$$gg€§]{{¤gg3g SJEZC. 248. Parties to a question in controversy which might be the action. subject of an action In a court of record, with such parties plaintiffs or defendants, may submit the same to the determination of such court without action, as in this chapter provided. c£§§g*g°$;dg£&tjg§ Sec., 249. The parties as plaintiff and defendant shall state, in writthem:. ing, a case containing the facts upon which the controversy depends, and subscribe the same in person or by their attorneys. Such statement shall be verified by the oaths of the parties, or, where there is more than one plaintiff or defendant, by at least one of each, to the effect that the controversy is real, and the proceeding is taken in good faith to determine the rights of the parties. Where either party to the controversy is a public corporation, or a private corporation, the statement of the case may be subscribed and verified by any person who at the time sustains the relation to such corporation as would authorize the service of a summons upon him. mgéajjggggetxjrge Sec. 250. The statement shall be Bled with the clerk, and from the Junsmmeu erasure date of such Bling the court shall have jurisdiction of the controversay as if the same were an action. pending after a special verdict foun , and shall proceed to hear and determine the same accordingly. · CHAPTER TWENTY-NINE. OF THE MANNER OF GIVING AND ENTERING JUDGMENT. Sec. g Sec. 251. Judgment to be entered in journal; 256. When entry of judgment made. manner of entry. 257. Judgment notwithstanding the ver- 252. If counterclaim exceeds plaintiffs dict. · demand, judgment for defendant. 258. When entrfy of judgment made after 253. Judgment in actions for the recov- motion or new trial decided in ery of personal property. i g vacation. 254. What entry to state in judgment for. 259. Entry of judgment after the time want of answer. prescribed. 255. Judgment on demurrer. ' m·jgg§I¥%gg;ntglPx;§g; Sec. 251: All judgments shall be entered by the clerk in the journal, xm or erltry. ’ and shall specify clearly the amount to be recovered, the relief granted, or other determination of the action. If entered in vacation, the entry shall be entitled and dated substantially as follows: