Page:United States Statutes at Large Volume 47 Part 1.djvu/989

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 965 the judgment is set aside, the conclusions of law sh all be amended and corrected. 2 . A judgment or' decree not consistent with or not supported by the special verdict. SEC. 329. NOTICE OF INTENTION TO MOVE TO VA CATE JUDGMENT; TIME FOR MAKING MOTION .-The party intending to make the motion mentioned in section 328 must, within ten days after notice of the entry of judgment, serve upon the adverse party and file with the clerk of the c ourt a n otice of his inte ntion, d esignati ng the g rounds upo n wh ich, and the time at which the motion will be m ade, and specifying the particulars in which the conclusions of law are not consistent with the finding of facts, or in which the judgment or decree is not consistent with the special verdict. The t ime desig- nated for the makin o , of the motion must not be more than sixt y days from the time of the service of the notice. MANNER OF GIV ING AND. ENTERING JUDGMENT Notice of intention to move to vacate judg- ment. Manner of giving and entering judgment. SEC. 330. JUDGMENT TO BE ENTERED IN TWENTY-FOUR HOURS, AND SOEntry within twenty-tour h ours, etc. FORTH .-When trial by jury has been had, judgment must be entered by the clerk, in conformity to the verdict, within twenty-four hours after the rendition of the verdict, unless the court order the case to be reserved for argument or further consideration, or grant a stay of proc eedin gs. If the trial has been had by the court, judgment must be entered by the clerk, in conformity to the decision of the court, immediately upon the filing of such decision. In no case is a judg- ment e ffectual for any purpose until so entered. SEC. 331. CASE MAY BE BROUGHT BEFORE THE COURT FOR ARGUMENT .- Arg ument be fore c . When the case is reserved for argument or further consideration, as mentioned in section 330, it may be brought by either party before the court for argument. SEC. 332. WHEN COUNTERCLAIM ESTABLISHED EXCEEDS PLAINTIFF'S When established counterclaim exceeds DEMAND.-If a counterclaim, established at the trial, exceed the plaintiff's d emand. plaintiff's demand, judgment for the defendant must be given for the excess; or if it appear that the defendant is entitled to any other affirmative relief, judgment must be given accordingly. SEC. 333. IN REPLEVIN, JUDGMENT TO BE IN THE ALTERNATIVE, AND In replevin, Judg- ment to be in the alter- WITH DAMAGES; GOLD CO IN OR CURRENCY JUDGMENT .-In an action to native, and with dam- recover the possession of personal property, judgment for the plain- ygold entor Cu tiff may be for the possession or the value thereof in case a delivery can not be had, and damages for the detention. Yf the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return can not be had, and dam ages for tak ing and with hold ing the same. In an action on a contract or obligation in writing, for the direct payment of money, made payable in a specified kind of money or ctrrency, judgment for the plaintiff, whether it be by default or after verdict, may follow the con trac t or obl igat ion, and be made payable in the kin d of money or currency specified therein; and in all actions for the recovery of money, if the plaintiff allege in his complaint that the same was understood anti agreed by the respective parties to be payable in a specified kind of money or currency, and this fact is admitted by t he default of the defend ant or established by evi- dence, the judgment for the plaintiff must be made payable in the ki nd of money or currency so alleged in the complaint; and in an action against any person for the recovery of money received by such person in a fiduciary capacity, or to the use of another, judg-