Page:United States Statutes at Large Volume 31.djvu/425

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. Second. 'In all other cases he shall attach together in like manne1· the summons and proof of service, the pleadings, bill of exceptions, all 1’d€1'S relating to change of parties, together with a copy of the entry of judgment, and all other journal entries or orders in any way involving the merits and necessarily affecting the judgment. ` Third. In all cases the clerk shall attach ugon the outside of the judgment roll a blank sheet of paper upon whic he shall indorse the name of the court, the term at which judgment was given, the names of the parties to the action and the title thereof, for whom judgment was given, and the amount or nature thereof, and the date of its entry - and ocketing. V Sec. 264. Instead of the judgment roll prescribed in the section last w§`;§§,},s;g$é"‘?¥ “, , quired. preceding, there shall be a final record made of the cause, as provided in this section. ' First. When in any action it shall appear that the title to real propert or an interest therein or an easement franchise or right in or ya Y _ _ v y v _ s g _ to the same, is d1rectly determined or affected by the judgment therein, • on motion of either party the court shall order that a final record be made of the case and the expense of such record shall be taxed as other disbursements of the action. v Second. In all other actions, on motion of either party, the court shall order that a final. record be made of the case at the cost of the r paw moving for the same. hen a final record is ordered, it shall be made by the clerk within _ the time (prescribed to prepare a judgment roll, by recording the papers an journal entries required in such roll in the order prescribed therefor. CHAPTER THIRTY—ONE. OF THE ENFORCEMENT OF JUDGMENT. Sec. Sec. 265. \Vhen judgment may be enforced by 283. Confirmation of sale of real.estate, execution. proceedings thereon. 266. Different kinds of executions. 284. Who liable for purchase money in 267. By whom issued, what to contain case of eviction of purchaser. and require. 285. Contribution among joint judgment 268. How endorsed by marshal and debtors. when returnable. 286. Sale of real property, when abso- 269. When execution issued against the lute and when subject to redempperson. tion. . 270. How person arrested on execution 287. Who may redeem. , imprisoned. 288. When lien creditor may redeem from 271. Execution against property may is- purchaser. sueafterdeath of judgmentdebtor, 289. When lien creditor may redeem except. _ from redemptioner. · 272. Exemption of homestead from judi- 290. When judgment debtor may recial sale. " deem. 273. What property liable to execution 291. Purchaser or redemptioner, when and what exempt. entitled to conveyance. 274. Execution against property, how 292. Mode of proceeding to redeem. ' executed. ·293. Court may restrain waste prior to _ 275. Same subject. conveyance. 276. When gamishee gives marshal cer- 294. Who entitled to possession from tificate, how marshal to proceed. time of sale to conveyance. 277. When marshal may leave personal 295. Order to examine judgment debtor. property in possession of judg- 296. Examination of judgment debtor, ment debtor. proceedings thereon. 278. Notice of sale on execution, how 297. Rgptaaining order against judgment given. e tor. 279. Sales, where and how made. 298. When judgment debtor may be ar- 280. When marshal may adjourn sale. j rested. 281. Bill of sale and delivery by marshal 299. Order to examine garnishee, proof personal property. ceedinés thereon. • 282. When execution not to issue except 300. What officers not liable to answer by leave of the court and how as garnishee. leave obtained. 1 Sec. 265. The person in whose favor a judgment is given which mghgg §,gg},g’g{,°g; requires the payment of money, the delivery of real or personal prop- execution.