Page:United States Statutes at Large Volume 54 Part 1.djvu/1214

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAWS-CH. 888-OCT. 17, 1940 Vacating of judg- ment, etc., as to sure- ties, etc. guarantors, endorsers, and others subject to the obligation or liability, the performance or enforcement of which is stayed, postponed, or suspended. (2) When a judgment or decree is vacated or set aside in whole or in part, as provided in this Act, the same may, in the discretion of the court, likewise be set aside and vacated as to any surety, guar- antor, endorser, or other person liable upon the contract or liability for the enforcement of which the judgment or decree was entered. ARTICLE II-GENERAL RELIEF Protection against SEC. 200. (1) In any action or proceeding commenced in any court, gment if there shall be a default of any appearance by the defendant, the Affidavit as to sta- plaintiff, before entering judgment shall file in the court an affidavit quired. re setting forth facts showing that the defendant is not in military service. If unable to file such affidavit plaintiff shall in lieu thereof file an affidavit setting forth either that the defendant is in the military service or that plaintiff is not able to determine whether or not defendant is in such service. If an affidavit is not filed showing that the defendant is not in the military service, no judgment shall be entered without first securing an order of court directing such entry, and no such order shall be made if the defendant is in such service until after the court shall have appointed an attorney to represent defendant and protect his interest, and the court shall on Bond to indemnify application make such appointment. Unless it appears that the derfant in .mlitarydefendant is not in such service the court may require, as a condi- tion before judgment is entered, that the plaintiff file a bond approved by the court conditioned to indemnify the defendant, if in military service, against any loss or damage that he may suffer by reason of any judgment should the judgment be thereafter set aside Other relief. in whole or in part. And the court may make such other and further order or enter such judgment as in its opinion may be necessary to protect the rights of the defendant under this Act. Penalty for false affl- (2) Any person who shall make or use an affidavit required under davit. this section, knowing it to be false, shall be guilty of a misdemeanor and shall be punishable by imprisonment not to exceed one year or by fine not to exceed $1,000, or both. Attorney to repre- (3) In any action or proceeding in which a person in military sent person in service if not prsent, etc. service is a party if such party does not personally appear therein or is not represented by an authorized attorney, the court may appoint an attorney to represent him; and in such case a like bond may be required and an order made to protect the rights of such person. But no attorney appointed under this Act to protect a person in military service shall have power to waive any right of the person for whom he is appointed or bind him by his acts. Judgment against (4) If any judgment shall be rendered in any action or proceed- PReopeningiratertr- ing governed by this section against any person in military service dicedathereby ju during the period of such service or within thirty days thereafter, and it appears that such person was prejudiced by reason of his military service in making his defense thereto, such judgment may, upon application, made by such person or his legal representative, not later than ninety days after the termination of such service. be opened by the court rendering the same and such defendant or his Condition. legal representative let in to defend; provided it is made to appear that the defendant has a meritorious or legal defense to the action or Rightortitleofbona some part thereof. Vacating, setting aside, or reversing any judgment fide puraser because of any of the provisions of this Act shall not impair any right or title acquired by any bona fide purchaser for value under such judgment. [54 STAT. 1180