Page:United States Statutes at Large Volume 76A.djvu/409

–313– -siscovenant of indemnity, and he gives seasonable notice thereof in writing to the persons who executed the bond or covenant, and permits them to conduct the defense of the action, the judgment recovered therein is conclusive evidence against the persons so notified; and the court may, on motion of the defendant, upon notice of five days, and upon proof of the bond or covenant, and of the notice and permission, enter judgment against them for the amount so recovered and costs. § 515. Confession of judgment without action (a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this section. The judgment may be entered in any court having jurisdiction for like amounts. (b) A statement in writing shall be made, signed by the defendant and verified by his oath: (1) authorizing the entry of judgment for a specified sum; (2) if it is for money due, or to become due, stating concisely the facts out of which it arose, and showing that the sum confessed therefor is justly due, or to become due; and (3) if it is for the purpose of securing the plaintiff against a contingent liability, stating concisely the facts constituting the liability, and showing that the sum confessed thereunder does not exceed the same. (c) If the judgment is to be entered in the district court, the plaintiff shall file the statement with the clerk of the district court and pay a fee of $8 to be recovered as costs in the judgment. Within 10 days after the filing, the clerk shall indorse upon the statement, and enter of record, a judgment of the district court for the amount confessed, with $8 costs. (d) If the judgment is to be entered in a magistrate's court, the plaintiff shall file the statement with the magistrate and pay a fee of $5 to be recovered as costs in the judgment. The magistrate shall thereupon enter in his docket a judgment of the magistrate's court for the amount confessed, with $5 costs. § 516. Submission of controversy without action (a) Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The court shall thereupon hear and determine the case, and render judgment thered|i, as if an action were pending. (b) Judgment may be entered as in other cases, but without costs for any proceeding prior to the trial. (c) The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject to appeal. Subchapter II—Execution § 541. Time for issuance of execution Subject t^ any stay of proceedings to enforce the judgment authorized by the Federal Rules of Civil Procedure, the party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement upon the filing of a written request with the clerk of court. If, after

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