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Judgments

$28,396, together with interest thereon from the 21st day

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For provisions relating to judgments, see Code of Civil Procedure, § 269.

74. Form of judgment

The judgment shall contain a recital of (1) the filing of the claim, (2) its date, (3) number, (4) nature, (5) the amount claimed, (6) appearances and trial.

75. Judgment of dismissal for want of prosecution

When a claim is called and no one appears for the claimant, the same may be dismissed for want of prosecution.

76. Judgment-roll after hearing

The judgment-roll shall consist of (1) the original claim and all amendments or supplemental claims and other pleadings, (2) certified copies of all orders, (3) stipulations made in writing, (4) a certified copy of the final order or judgment, (5) when a claim is for a permanent appropriation, the map and description of such land furnished by the state engineer and surveyor and (6) where an appeal is taken, the notice of appeal and all papers required to be filed with or served upon the clerk, the final order or judgment of the Appellate Court, the papers in all proceedings thereafter in this court and a certified copy of the final judgment of this court.

Appeals

77. Costs, fees and disbursements

For provisions relating to costs, fees and disbursements generally, see Code of Civil Procedure, § 274. For provisions relating to expense of procuring testimony by commission, see Code of Civil Procedure, § 272.

APPEALS

80. Appeals generally

For provisions relating to appeals, see Code of Civil Procedure, §§ 275-278.

81. Case on appeal by stipulation

The claimant, or his attorney and the attorney-general, may agree upon the facts in a case and settle the case by stipulation, subject to the approval of the court.

82. Settlement and filing case on appeal

Upon the settlement of a case, the court or a judge thereof shall attach thereto the statement "settled and ordered filed," and the case shall be filed within ten days thereafter with the clerk unless the time is extended by stipulation or order.

83. Abandonment of case on appeal

If a case is not filed as required it shall be deemed to have been abandoned.

84. Proceedings upon abandonment of case on appeal

Upon proof that a case has not been filed as required, an order may be entered by the clerk declaring the appeal abandoned, whereupon the party may proceed as if no case and exceptions had been made.

Satisfaction of judgment

85. Remittitur on appeal

The remittitur on appeal shall be filed with the clerk.

86. Order upon remittitur

Upon application of either party and upon the remittitur an order may be obtained making the order or judgment of the Appellate Court the order or judgment of this court.

87. Costs on appeal

When costs on appeal are allowed, the same may be stipulated by the parties, and if not stipulated, shall be taxed by the clerk of this court in like manner as costs are taxed in actions in the Supreme Court

SATISFACTION OF JUDGMENT

90. Satisfaction of judgment

For provisions relating to satisfaction of judgment, see Code of Civil Procedure, § 269.

RULES OF PRACTICE

IN

SURROGATE'S COURT

CITY AND COUNTY OF NEW YORK

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