Page:United States Statutes at Large Volume 31.djvu/424

372 FIFTY-SIXTH CONGRESS. Sess. I. C11. 786. 1900. J¤dSm€¤°»’§g""“h‘ Sec. 257. When it a ears from the leadin s that the court has not Bmdmgmi mm jurisdiction of the subljgct of the actioii or thi person of the defendant, or that the facts stated in the pleadings of the plaintiff or defendant, as the case may be, do not constitute a cause of action or defense thereto, on motion judgment shall be given for the plaintiff or defendant, as the _ case may be, notwithstanding the verdict or decision, _ 1 m§QQ",’,{§§,‘;’§,’{{f,}“,;?§ Sec. 268. W hen a motion for_ new trial, for a particular judgment, non fqr new trial ds- or for anjudgment notwithstanding the verdict, is decided in vacation, cmd m V”‘°*m°“` the decision shall be in writing and filed with the clerk. Within the day of such filing judgment shall be entered by the clerk in conformity with the decision. - `Eutrsjl of judsmem Sec. 259. When the clerk is unable or omits to enter judgment with- Zgiéai. ° me pw in the time prescribed in this chapter, if the judgment has been given in vacation, it may be entered at any time thereafter, of the date which it is actually entered; if it has been given in term time, it may be entered at any time during the term, of the day’s proceedings on which it should have been entered, or, on motion of the party entitled, at any subsequent term, of the day on which it is actually entered. CHAPTER Tmirrr. or LIEN JUDGMENT AND FINAL RECORD. Sec. Sec. 260. Judgment to be lien from time of I 262. Conveyance; when void as against the docketing. lien. 261. Expiration of lien; when revived. { 263. -Clerk must make judgment roll. 264. Final record; in what cases required. hJ¤d§<=¤Hg;>g&<E Sec. 260. Immediately after the entry of judgment in any action the ,,§,`§_ W clerk shall docket the same in the judgment docket. At any time thereafter, while an execution might issue upon such judgment, and the same remains unsatisfied in whole or in part, the plaintiff, or in case of his death his representative, may Hle a certified transcript of the original docket in the office of the recorder of any recording district that may have been established in said district in accordance with law. Upon the filing of such transcript the recorder shall docket the same in the judgment docket of his office. From the date of docketing a judgment, as in this chapter provided, or the transcript thereof, such judgment shall be a lien upon all the real property of the defendant within the recording district or districts where the same is docketed, or which he may afterwards acquire therein, during the time an execution ma issue thereon. w,*§gI§§§§,i§§d°* “°“‘ ‘ Sec. 261. Whenever, after the entry of judgment, a period of ten ` years shall elapse without an execution being issued on such judgment, the lien thereof shall expire. If afterwards leave is given to issue execution thereon, a transcript of the docket of the order allowing the same may be docketed in any other recording district in said district in the same manner as a judgment. From the date of the docketin such order, or a transcript thereof, the lien of the judgment shail be in anew, and continue in all respects as upon the first . docketing of tie same. °.· €3¤V€Y*“!°°% ,Wh€¤ Sec. 262. A conveyance of real property or any portion thereof or vm asagms m' interest therein shall be void against the lien of a judgment unless such conveyance be recorded at the time of docketing such judgment or the transcript thereof, as the case may be. juggjzugyjh make Sec. 263. After docketing the judgment, and before the next ` regular term of court, the clerk shall prepare and file in his office the jud ment roll, as provided in this section. Egrst. If the complaint has not been answered by any defendant he shall attach together in the order of their filing, issuing, and entry,' the complaint, summons, and proof of service, and a copy of the entry of judgment. .