may be taken, as if the motion for a new trial had not been made, after the expiration of four days from the entry of the order, and the service, upon the attorney for the adverse party, of a copy thereof, and notice of the entry; but not before. New. 1228. [Amended, 1879.] Judgment upon trial by court or referee of the whole issue of fact.Where the whole issue is an issue of fact, which was tried by a referee, the report stands as a decision of the court. Except where it is otherwise expressly prescribed by law, judgment upon such a report, or upon the decision of the court, upon the trial of the whole issue of fact without a jury, may be entered by the clerk, as directed therein, upon filing the decision or report. Co. Proc., parts of 11 267 and 272, am'd. DeLaney v. Blizzard, 7 Hun, 66; Brinkley v. Brinkley, 56 N. Y. 192. 1229. In matrimonial causes, judgment can be rendered only by the court. In an action to annul a marriage, or for a divorce or separation, judgment cannot be taken, of course, upon a referee's report, as prescribed in the last section, or where the reference was made, as prescribed in section 1215 of this act. Where a reference is made in such an action, the testimony, and the other proceedings upon the reference, must be certified to the court, by the referee, with his report; and judg ment must be rendered by the court. See Rules 87 and 92. 1230. [Amended, 1877.] Final judgment upon decision or report awarding interlocutory judgment, etc. -In a case, not provided for in the foregoing sections of this article, where the decision, upon a trial by the court, without a jury, or the report, upon the trial by a referee, directs an interlocutory judgment to be entered, and the party afterwards becomes entitled to a final judgment, an application for the latter may be made, as upon a motion. And where a judgment requires the appointment of a referee, to do any act thereunder, the referee must be appointed by the judgment, or by the court, upon motion, except as otherwise prescribed in the next section. New. 1231. Id.; how final judgment entered and settled in certain cases.- - In an action triable by the court, an interlocutory judgment, rendered upon a default in appearing or pleading, or pursuant to the direction contained in a decision or report, may state the substance of the final judgment, to which the party will be enti tled. It may also direct, that the final judgment be set. tled by a judge, or a referee. In that case, final judg ment shall not be entered, until a settlement thereof, subscribed by the judge or referee, is filed. Where an interlocutory judgment awards costs, they may be awarded generally, without specifying the amount thereof. Where the final judgment is directed to be settled, and the costs have not been taxed, when the settlement thereof is filed, a blank for the amount of the costs must be left in the settlement; and the costs must be taxed, and the blank filled up accordingly, by the clerk, when the final judgment is entered. New. § 1232. Interlocutory reference or inquisition; how reviewed. Where a reference, or writ of inquiry, directed as prescribed in section 1015, or section 1215 of this act, has been executed, either party may apply for an order, directing a new hearing, or a new writ of inquiry, upon proof, by affidavit, that error was commit ted, to his prejudice, upon the hearing, or in the report, or upon the execution of the writ, or in the inquisition. In a proper case, the application may be granted, after judgment has been entered. In that case, the judgment may be set aside, either then or after the new hearing, or the execution of the new writ, as justice requires. New. § 1233. Motion for judgment upon a special verdict, etc. A motion for judgment, upon a special verdict, may be made by either party; and must, in the first instance, be heard and decided, at a term held by one judge. Co. Proc., part of 265. See 1189, ante. § 1234. Id.; upon verdict subject to opinion of court. -A motion for judgment, upon a verdict subject to the opinion of the court, may be made by either party; and must be heard and decided at the general term. Co. Proc., part of 265. See 1185, ante. Cobb v. Cornish, 16 N. Y. 604; Gilbert v. Beach, id. 608; Jackson v. Case, 12 Johns. 431; McKensie v. Farrell, 4 Bosw. 193; Kelley v. Upton, 12 How, 140; Oneida Bank . Ontario Bank, 21 N. Y. 491. 1235. Interest on verdict, etc., to be included in recovery.- Where final judgment is rendered for a sum of money, awarded by a verdict, report, or decision, interest upon the sum awarded, from the time when the verdict was rendered, or the report or decision was made, to the time of entering judgment, must be computed by the clerk, added to the sum awarded, and included in the amount of the judgment. Id., 310, am'd. Fuller v. Squire, 8 How. 121; and see Mann v. N. Y. Central R. R. Co., 12 Abb. N. S. 380. 1236. Clerk to keep judgment-book; judgment to be entered therein. The clerk must keep, among the records of the court, a book for the entry of judgments, styled the "judgment-book.” Each interlocutory or final judgment must be entered in the judgment-book, and attested by the signature of the clerk; who must note, in the margin of the entry, the day and year of entering it. It must specify clearly the relief granted, or other determination of the action, or of the issue. Id., 279 and 230; and 2 R. S. 360, 9 (2 Edm. 372), consolldated. Purdy v. Peters, 15 Abb. 160; Schenectady Plank R. v. Thatcher, 6 How. 226; Lentilhon v.Mayor, etc., of N. Y., 3 Sandf. 721; Lynch v. Rome Gas-light Co., 42 Barb. 591; Appleby v. Barry, 2 Rob. 689; Butler . Lee, 3 Keyes, 76; Roberts v. White, 39 N. Y. Supr. 272; Skinner v. Quin, 43 N. Y. 99; Sheridan, v. Andrews, 49 id. 478; De Laney v. Blizzard, 7 Hun, 66. S1237. [Amended, 1879.] Judgment-roll to be filed; of what it consists. The clerk, upon entering final judgment, must immediately file the judgmentroll, which must consist, except where special provision is otherwise made by law, of the following papers: the summons; the pleadings, or copies thereof; the final judgment, and the interlocutory judgment, if any, or copies thereof; and each paper on file, or a copy thereof, and a copy of each order, which in any way involves the merits, or necessarily affects the judgment. If judgment is taken by default, the judgment-roll must also contain the papers required to be filed, upon so taking judgment, or upon making application therefor; together with any report, decision or writ of inquiry, and return thereto. If judgment is taken after a trial, the judgment-roll must contain the verdict, report, or decision; each offer, if any, made as prescribed in this act, and the exceptions or case then on file. Co. Proc., 281, subd. 1 and 2, am'd. Hathaway v. Howell, 54 N. Y 96; Goelet v. Spofford, 55 id. 647; Renouil v. Harris, 2 Sandf. 641; Earla v. Barnard, 22 How. 437; Heinemann v. Waterbury, 5 Bosw. 686; Schenectady Plank R. Co. e. Thatcher, 6 How. 226; Kerrigan v. Ray, 10 id. 213; Corwin . Freeland, 6 N. Y. 565: Stimson v. Huggins, 16 Barb. 658; 9 How. 86; Thomas v. Tanner, 14 id. 427; Smith v. Holmes, 19 N. Y. 271; Hatcher e. Rocheleau, 18 N. Y. 87; Brown v. Saratoga R. R. Co., fd. 495; Decker v. Judson, 16 id. 339: Wilcox e. Hawley, 31 id. 648; Catlin e. Billings, 16 id, 622; Martin e. Kanouse, 2 Abb. 393; Macomber e. Mayor of N. Y., 17 id. 36, 45; Martin v. Lott, 4 id. 365; Calkins e. Packer, 21 Barb. 276; Kreiss v. Seligman, 8 id. 440; Artisans' Bank . Treadwell, 34 id. 553; Cook v. Dickerson, 1 Duer, 679; Townshend v. Wesson, 4 id. 342; Conolly . Conolly, 16 How. 221; Hoffnung v. Grove, 18 Abb. 14. Judg ment-roll may be amended; Tradesmen's Nat. Bank v. McFeely, 3 Hun, 699. 1238. Id.; by whom prepared. The judgmentroll must be prepared, and furnished to the clerk, by the attorney, for the party, at whose instance the final judg ment is entered;(1) except that the clerk must attach thereto the necessary original papers, on file.(2) But the clerk may, at his option, make up the entire judgmentroll. Substitute for introductory part of Co. Proc., 231. (1) Heinemann v. Waterbury, 5 Bosw. 686. (2) Renouil v. Harris, 2 Sandf. 641; Earle v. Barnard, 22 How. 437. 1239. Time of filing judgment-roll to be noted.— The clerk must make a minute, upon the back of each judgment-roll, filed in his office, of the time of filing it, specifying the year, month, day, hour, and minute.(1) A proceeding to enforce or collect a final judgment, cannot be taken, until the judgment-roll is filed.(2) 2 R. S. 360, 11, am'd. (1) Lemon r. Staats, 1 Cow. 592; Adams r. Dver, 8 Jolins. 347; Waterman v. Haskins, 11 id. 228: Wardell r. Mason, 10 Wend. 575; France v. Hamilton, 26 How. 180; Hathaway v. Howell, 54 N. Y. 97. (2) Van Orman v. Phelps, 9 Barb. 500; Williams r. Wheeler, 1 id. 48; Lynch v. Rome Gas-light Co., 42 id. 593; Walters v. Sykes, 22 Wend. 566. 1240. When a judgment may be enforced by execution. - In either of the following cases, a final judg ment may be enforced by execution: 1. Where it is for a sum of money, in favor of either party; or directs the payment of a sum of money. 2. Where it is in favor of the plaintiff, in an action of ejectment, or for dower. 3. In an action to recover a chattel, where it awards a chattel to either party. Substitute for Co. Proc., part of 285. Miller v. Miller, 7 Hun, 208; Geery v. Geery, 63 N. Y. 252. § 1241. When a judgment may be enforced by punishment for disobeying it. — In either of the following cases, a judgment may be enforced, by serving a certified copy thereof, upon the party against whom it is rendered, or the officer or person, who is required thereby, or by law, to obey it; and, if he refuses or wilfully neglects to obey it, by punishing him for a contempt of the court: 1. Where the judgment is final, and cannot be enforced by execution, as prescribed in the last section. 2. Where the judgment is final, and part of it cannot be enforced by execution, as prescribed in the last section; in which case, the part or parts, which cannot be so enforced, may be enforced as prescribed in this section. 3. Where the judgment is interlocutory, and requires a party to do, or to refrain from doing, an act, except in a case specified in the next subdivision. 4. Where the judgment requires the payment of money into court, or to an officer of the court; except where the money is due upon a contract, express or implied, or as damages for non-performance of a contract. În a case specified in this subdivision, if the judgment is final, it may be enforced, as prescribed in this section, either simultaneously with, or before or after the issuing of an execution thereupon, as the court directs. Substitutes for Co. Proc.. part of 3 285. Fero v. Van Evra, 9 How. 148; Gray v. Cook, 24 id. 432; Morris v. Walsh, 14 Abb. 358; Howe r. Searing, 11 d. 28; Me Brair e. Hanson, 16 id. 399; Morris v. Walsh, 9 Bosw. 636; Pitt v. Davison, 3 Abb. N. S. 398. 1242. [Amended, 1877.] Real property; how sold. Effect of conveyance. Except where special provision is otherwise made by law, real property, adjudged to be sold, must be sold in the county where it is situated, by the sheriff of the county, or by a referee, appointed by the court for that purpose, who must execute a conveyance to the purchaser. The conveyance is effectual, to pass the right, title or interest, of a party, adjudged to be sold. But nothing contained in this sec tion shall be deemed to repeal or modify the provisions of any law specially regulating the sale of real prop |