Langtree, 40 Ind. 349;

suit against others. Barnett v. Juday, 38 Ind. 86; Holman v. Lingenfelter v. Simon, 49 Ind. 82; Wilson v. Buell, 117 Ind. 315. If one joint maker is a non-resident, and not a party to the suit, a judgment against the other makers will not bar a suit against such non-resident. Merriman v. Barker, 121 Ind. 74.

Judgment on an obligation given by one joint obligor will not bar a suit against the other joint obligors. Merriman v. Barker, 121 Ind. 74.

This section is applicable to actions for torts. Louisville, etc., R. W. Co. v. Duvall, 40 Ind. 246.

579. (570.) Defendants all served-Judgment against part only.— 436. Though all the defendants have been summoned, judgment may be rendered against any of them, severally, when the plaintiff would be entitled to judgments against such defendants if the action had been against them severally.

If only part of the defendants are served in actions on joint contracts, judgment may be taken against those served, and the others may afterwards be summoned to show cause why they should not be bound. Erwin v. Scotten, 40 Ind. 389.

If the action is against persons jointly liable, the plaintiff is entitled to recover against those only proven liable. Hubbell v. Woolf, 15 Ind. 204; Lower v. Franks, 115 Ind. 334.

The judgment may differ as against the several parties, according to their several liabilities. Douglass v. Howland, 11 Ind. 554.

580. (571.) Set-off-Judgment for excess.-443. If a set-off established at the trial exceed the plaintiff's claim so established, judgment shall be rendered for the excess; or if it appear that the defendant is entitled to any other affirmative relief, judgment shall be given therefor.

If a set-off is pleaded and judgment rendered against the defendant, the judgment covers the set-off. Shriver v. Bowen, 57 Ind. 266.

581. (572.) Judgment in replevin.-444. In an action to recover the possession of personal property, judgment for the plaintiff may be for the delivery of the property, or the value thereof in case a delivery can not be had, and damages for the detention. When the property has been delivered to the plaintiff, and the defendant claims a return thereof, judgment for the defendant may be for the return of the property, or its value in case a return can not be had, and damages for the taking and withholding of the property.

In replevin, if the property is not found, or the plaintiff can not give bond, and is successful, the jury must find the value of the property, as well as damages for detention. Chissom v. Lamcool, 9 Ind. 530.

A defendant is not entitled to a dismissal of the suit upon his verified disclaimer, filed as an answer. Choen v. Porter, 66 Ind. 194.

If the party in whose favor a verdict is returned has possession of the property, the judgment should be that such party is the owner of, and entitled to the possession of the property. Chissom v. Lamcool, 9 Ind. 530.

When there is to be a return of the property, the judgment should be for such return, or the value of the property, if a return can not be had. Bales v. Scott, 26 Ind. 202; Thompson v. Eagleton, 33 Ind. 300.

If no judgment is rendered for a return of the property, no judgment for its value can be rendered. Foster v. Bringham, 99 Ind. 505.

In cases appealed from justices of the peace judgment for the value of the property can not be rendered in case a return can not be had. Van Meter v. Barnett, 119 Ind. 35. If the action is dismissed before verdict, no judgment for a return of the property can be rendered. Wiseman v. Lynn, 39 Ind. 250; Hulman v. Benighof, 125 Ind. 481. If the value of the property is not assessed, or the evidence fails to show who has possession of the property, a judgment of return can not be rendered. Conner v. Comstock, 17 Ind. 90.

On a judgment for a return of the property, a return should be made without demand, in a reasonable time, the property being in as good a condition as when taken. June v. Payne, 107 Ind. 307.

If the plaintiff fails to prove title, the defendants are entitled to a joint judgment. Dixon v. Duke, 85 Ind. 434.

Judgments in actions of replevin only determine the right of possession, unless the title is distinctly put in issue. Highnote v. White, 67 Ind. 596; Kramer v. Matthews, 68 Ind. 172; McFadden v. Ross, 108 Ind. 512; Smith v. Mosby, 98 Ind. 445.

582. (573.) Proof and assessment on default.-437. If the taking of an account, or the proof of a fact, or the assessment of damages is necessary to enable the court to pronounce judgment upon a failure to answer, or after a decision of an issue of law, the court may take the accounts, hear the proof, and, in actions founded on contract, assess the damages, or may refer the same to a commissioner, or may direct the same to be ascertained or assessed by a jury.

The right of a defendant, after default upon an inquest of damages, does not extend so far as to allow him to introduce any matter of defense to the merits; but, otherwise, he has therein all the rights of a party litigant. Briggs v. Sneghan, 45 Ind. 14; Bash v. Van Osdol, 75 Ind. 186.

Judgment by default can not be entered for a larger sum than demanded in the complaint. May v. State Bank, 9 Ind. 233.

A complaint can not be amended after a default. Bash v. Van Osdol, 75 Ind. 186. A default admits the material allegations of the complaint, and that something is due. McKinney v. State, ex rel., 101 Ind. 355.

A default only concludes parties in the character in which they are sued. Unfried v. Heberer, 63 Ind. 67.

When a demurrer is sustained and a party fails to plead over, the damages may be assessed. Pullman Co. v. Taylor, 65 Ind. 153.

If one defendant files an answer that shows a good defense as to all, such answer enures to the benefit of defaulted defendants. Stapp v. Davis, 78 Ind. 128.

When judgment is taken by default the record must show service of process. Railroad Co. v. Welsh, 9 Ind. 479; Cole v. Allen, 51 Ind. 122; Houk v. Barthold, 73 Ind. 21; Eltzroth v. Voris, 74 Ind. 459.

583. (574.) On mortgage or lien final.-448. It shall not be necessary in any action upon a mortgage or lien to give time for the payment of money, or for doing any other act, but final judgment may, in such cases, be given in the first instance.

584. (575.) In foreclosure-Sale ordered.-449. In the foreclosure of a mortgage, the sale of the mortgaged property shall in all cases be ordered.

When deeds absolute are only mortages, they must be foreclosed as other mortgages. Smith v. Brand, 64' Ind. 427.

585. (576.) Without relief-When separate.-451. When a judgment is to be executed without relief from appraisement laws, it shall be so ordered in the judgment. When a plaintiff has included in one action demands subject to the appraisement laws with demands made payable without any relief from appraisement laws, the court may render separate judgments upon such demands.

The statute authorizing judgments to be entered and enforced without valuation or appraisement is constitutional. Smith v. Doggett, 14 Ind. 442.

On judgment for a tort, the defendant is entitled to valuation. Smith v. Davis, 58 Ind. 434.

When a surety has satisfied a contract waiving valuation laws, the remedy against his principal is without relief also. See section 1231.

Costs, in a judgment without relief, are collectible in the same manner.

r. Tibbetts, 16 Ind. 200; Church v. Hay, 93 Ind. 323.

Martindale

If the charter of a corporation provides that stock subscriptions shall be collectible without relief of appraisement, judgments for subscriptions may be so rendered. Hayworth v. Railroad Co., 13 Ind. 348.

If a note or mortgage either waive the benefit of appraisement laws, the decree of foreclosure should be rendered without relief. Harris v. Makepeace, 13 Ind. 560; Howev. Dibble, 45 Ind. 120.

If an arbitration waives the benefit of appraisement laws, judgment on the award should be so entered. Davis v. Bond, 14 Ind. 7.

The legislature has power to make any judgment collectible without relief of appraisement laws. Pierce v. Mills, 21 Ind. 27; Potter v. State, ex rel., 23 Ind. 607. Judgments against agents in favor of their principals for money collected may be rendered without relief or appraisement laws. Rochester v. Levering, 104 Ind. 562. If a party fails to have a judgment entered waiving relief when so entitled, he can not have the judgment corrected for that cause. State, ex rel., v. Pierce, 22 Ind. 116. See Conway v. Day, 79 Ind. 318.

Judgments on guardians' bonds should be rendered without relief. Potter v. State, er rel., 23 Ind. 607; Stevenson v. State, ex rel., 71 Ind. 52.

If part of a judgment is made collectible without appraisement, a sale may be made without appraisement. Mugge v. Helgemeier, 81 Ind. 120.

Judgments for costs may be rendered collectible without relief of appraisement laws. Wood v. Eckhouse, 79 Ind. 354.

If by mistake a judgment is entered not waiving relief, when it should have been so entered, the judgment may be corrected. Conway v. Day, 79 Ind. 318; Reily v. Burton, 71 Ind. 118.

If a verdict or finding is general on claims waiving, and that do not waive, relief of appraisement laws, judgment can not be rendered waiving relief as to part. Jarboe v. Brown, 39 Ind. 549.

586. (577.) Against officers-When without relief or stay.-452. Hereafter all judgments recovered against any sheriff, constable, or other public officer, administrator, executor, or any other person or corporation, or the sureties of any or either of them, for money collected or received in a fiduciary capacity; or for a breach of any official duty; or for money or other article of value held in trust for another, shall be collectible without stay of execution or benefit of the valuation or appraisement laws of this state.

This section applies to bonds executed before the enactment of the section. Pierce *. Mills, 21 Ind. 27.

t.

Judgments on guardians' bonds should be rendered collectible without relief of appraisement laws. Stevenson v. State, ex rel., 71 Ind. 52.

Judgments against parties for moneys held in trust may be rendered collectible without relief of appraisement laws. Rochester v. Levering, 104 Ind. 562.

587. (578.) On bonds-When without relief.-462. Hereafter all judgments recovered upon bonds, written undertakings, or recognizances executed in any legal proceeding, civil or criminal, shall be collectible without relief from valuation or appraisement laws of the state of Indiana.

588. (579.) Entry-What it shall specify.-446. The judgment must be entered on the order-book, and specify clearly the relief granted or other determination of the action.

If the form of a judgment be objectionable, a motion must be made below to modify it, or it will be, as to form, affirmed on appeal. Brown v. Ellis, 35 Ind. 377; Forgey v. Bank, 66 Ind. 123; Teal v. Spangler, 72 Ind. 380; Quill v. Gallivan, 108 Ind. 235; Berkey v. Hascall, 123 Ind. 502.

A single judgment or decree, in any case which may be disposed of on any day of the term, may be separately read, and signed forthwith, so that execution may issue thereon. Jones v. Carnahan, 63 Ind. 229.

The collection of a void judgment may be injoined; but one which is simply voidable must be appealed from. Earl v. Matheney, 60 Ind. 202; Hinsey v. Feeley, 62 Ind. 85; Nicholson v. Stephens, 47 Ind. 185; Cain v. Goda, 84 Ind. 209.

A judgment is of no effect until the record is signed by the judge. Galbraith v. Sidener, 28 Ind. 142.

Judgments may be signed at a term subsequent to the one at which the judgment was rendered. Kent v. Fullenlove, 38 Ind. 522.

A judgment by confession entered without the knowledge or consent of the creditor, unless subsequently ratified by him, is wholly invalid. Haggerty v. Juday, 58 Ind.

154.

589. (580.) Satisfaction.-447. Satisfaction of a judgment or credits thereon may be ordered, for sufficient cause, upon notice and motion.

The satisfaction of a judgment can not be declared merely because a receipt of satis faction is on record. Lapping v. Duffy, 65 Ind. 229.

A suit in equity for the satisfaction of a judgment may be maintained. McQuat v. Cathcart, 84 Ind. 567.

Justices of the peace can not hear applications to have judgments entered satisfied. Foist v. Coppin, 35 Ind. 471.

In a proceeding to have a judgment declared satisfied it may be shown that no money was paid for a receipt that was endorsed on the execution. Johnson v. State, ex rel., 80 Ind. 220.

590. (581.) Indorsement of payment on record, etc.-Effect.—461. Every indorsement of payment, satisfaction or release, in whole or in part, upon the record or margin thereof of any judgment or decree, or upon any execution or order of sale issued thereon, signed by the judgment plaintiff or his attorney of record or attorney in fact, or by the assignee of such judgment plaintiff (whose assignment is upon or annexed to the record of such judgment or decree and attested by the clerk, when attested by the clerk), upon the record of such judgment

or decree, or by the sheriff upon such execution or order of sale, shall operate as a satisfaction or release of such judgment or decree, or of such part thereof so indorsed as paid, satisfied or released in favor of subsequent purchasers or lien-holders in good faith; and when such satisfaction, payment or release is entered by an attorney in fact, such fact shall be noted on the margin of the record or the execution, as the case may be; and such power of attorney shall be recorded in the miscellaneous records of the recorder's office.

[As amended, Acts 1891, p. 339. In force June 3, 1891.]

Prior to the enactment of this section it was held that a receipt of satisfaction did not estop the creditor from showing that the judgment was unpaid. Lapping v. Duffy, 65 Ind. 229; Travellers' Co. v. Chappelow, 83 Ind. 429.

An entry of satisfaction procured by fraud may be set aside. Reish v. Thompson, 55 Ind. 34.

591. (582.) Judgment docket-Contents.-587. The clerk of every court of record shall keep a docket, in which he shall enter, within thirty days after each term of the court, in alphabetical order, a statement of each judgment rendered at such term, containing

First. The names, at length, of all the parties.

Second. The amount of the judgment and costs, and the date of its rendition.

Third. If the judgment be against several persons, the statement shall be repeated under the name of each defendant, in alphabetical order.

Until the thirty days have expired persons must look to the order-book entries. Berry v. Reed, 73 Ind. 235.

592. (583.) Entry of stay of execution.-588. Recognizances of bail for stay of execution shall be entered in such docket immediately after the taking or return thereof, specifying the judgment and its amount, the date of the recognizance, and names of the bail.

Bail for the stay of execution can not be taken for a part of a judgment. Sterne v. McKinney, 79 Ind. 578; Bank v. Cockrum, 80 Ind. 355.

593. (584.) Record-Open to all.-589. Such docket shall be a record, and open during the usual hours of transacting business to the exmination of any person desiring it.

594. (585.) Neglect of clerk to enter judgment, etc.-Liability.590. Every clerk neglecting to enter any judgment or recognizance, as herein required, shall be liable to any person injured for the amount of damages sustained by such neglect, to be recovered in an action against the clerk alone, or upon his official bond against him and his sureties.

595. (586.) Who may confess judgment.-453. Any person indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction, and, with the consent of the creditor or person having such cause of action, confess judgment therefor; whereupon, judgment shall be entered accordingly.