Page:United States Statutes at Large Volume 31.djvu/423

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 371 UNITED STATES or AMERICA, District of Alaska. Precinct -. District court for the district of Alaska. In vacation, after the - term, A. D. 19--. - the -, A. D. 19-, as the fact may be, and such entry shall have the same effect as if entered in term time. In the entry of all judgments, except judgments by default for want of an answer, the clerk shall be subject to the direction of the court. A Sec. 252. If a counterclaim established at the trial exceed the plain- cB£{1¤¤¤rj*g¤¤g.¤iép1 gx- . tiif’s demand so established judgment for the defendant shall be given manfi, ilugglixfenrl ai} for the excess; or if it appear that the defendant is entitled to any d°f‘°’“"““‘· other aiiirmative relief judgment shall be given accordingly. Sec. 253. In an action to recover the possession of personal roperty fo·;¤<j§m¤¤¢i¤¤¢¤¤¤; judgment for the plaintiff may be for the possession, or the value pmouixiiggggg ° thereof in case a delivery can not be had, and damages for the detention thereof. If the property have been delivered to the plaintiff and the defendant claim a return thereof, judgment for the defendant may be for a return of the roperty, or the value thereof in case a return can not be had, and damages for taking and withholding the same. Sec. 254. When judgment is iven for want of answer, the entry _ Whaventrym stave shall state substantially that the gefendant has been duly served with $§`§§$‘?°t f°” Want the summons and has failed to answer the complaint. I When judgment is given on confession, with or without action, on the report of referees or on a controversy submitted without action, the entry shall state in like manner the conféssionfand assent thereto, the report of the referees, or agreed case, as the case may be. Sec. 255. When a decision has been made sustaining or overruling mflgggmmt <>¤ dea demurrer, unless the party against whom the decision is made be ° allowed to amend or lead over, judgment shall be given for the plaintiff or defendant, as &e case may be, for such amount or relief, or to such eifeét, as it appears from the pleadings he is entitled to; but if the case is otherwise at issue upon a question of fact, the court may order the entry of judgment to be delayed until such issue be tried or otherwise disposed of. Sec. 256. When judgment is given in any of the cases mentioned mwijw ¤&¤¤‘v<>f5¤dzin the two sections last preceding, unless otherwise ordered by the an ma °' court, it shall be entered by the.clerk within the day it is given. Except as in this section hereinafter provided, when a trial by the court has been had judgment shall be entered by the clerk in conform- ' ity with the decision within two days from the time the same is filed; or if the trial be by jury, judgment. shall be given by the court in conformit therewith, and entered by the clerk within two days from the time the verdict has been received; and in either case within the term at which such judgment is given. . _` First. When the court is in doubt .what judgment ought to be given, it may order the question to be reserved for argument or further consideration, and thereupon the entry of judgment shall be delayed until judgment be °ven; Second. Wien, within the time allowed to file a motion for new trial, either party shall Hle a motion for a particular judgment, or for jud ment notwithstanding the verdict or decision; or, Tiird. When a motion for new trial is filed within the time pre- Scribed, the entry of judgment shall be thereby delayed until the motion is disposed of; , Fourth. When, upon atrial by the court, its decision is Bled in vaca- _. tion, the entry of judgment shall he delayed until the expiration of the time prescribed to file a motion for a new trial.