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§ 197. Judgment to be entered in twenty-four hours, etc.
When trial by jury has been had, judgment shall be entered by the Clerk, in conformity to the verdict, within twenty-four hours after the rendition of the verdict, unless the Court order the case to be reserved for argument, or further consideration, or grant a stay of proceedings.
1. A Court may at any time render or amend a judgment nunc pro tunc, where the record discloses that it is incorrectly given as the judgment of the Court. Mor. rison v. Dapman, 3 Cal. 255.
2. A judgment cannot be impeached collaterally because entered prematurely. The remedy is by a direct proceeding in the action. Alderson v. Bell, 9 Cal. 321.
3. The act of the Clerk in entering the judgment is a mere ministerial act. McMillan v. Richards, 12 Cal. 468.
4. Upon the coming in of a verdict, in a trial by jury, it is the duty of the Clerk, unless a different direction is given by the Court, to enter a judgment in conformity with the verdict. Morrison v. New York g New Haven Å. R. Co., 32 Barb. 568.
§ 198. Case may be brought before the Court for argument.
[1854.) When the case is reserved for argument or further consideration, as mentioned in the last section, it may be brought by either party before the Court for argument.
1. When the statute speaks of notice of motion, it means written notice, or notice in open Court of which a minute is made by the Court
Amendment to Sec. 200.—Passed dpril 27th, 1863.
[Took effect immediately.) $ 200. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof, in case a return camot he had, and damages for taking and withholding the same. In an action on a contract or obligation in writing. for the direct payment of money, madle payable in a specified kind of money or currency, judgment for the plaintiff, whether the same be by default or after verdict, may follow the contract or obligation, and be made payable in the kind of money or currency specified therein; and in an action against any person for the recovery of money received by such person in a fiduciary capacity, or to the use of another, judgment for the plaintiff, whether the same be by default or after verdict, may be ma le payable in the same kind of money or currency so received by such person.
1. In an action to recover the possession of personal property, with damages for its detention, the judgment may be for more than the value as alleged in the complaint, if it be within the ad damnum of the writ. The value of the property is only one predicate of the recovery. Coghill v. Boring, 15 Cal. 218.
2. The rule is, that when property converted has a fixed value, the measure of damages is that value with legal interest from the time of its conversion; when the value is fluctuating, the plaintiff
' may recover the highest value at the time of its conversion, or at any time afterwards. Douglass v. Craft, 9 Cal. 563; Dorsey v. Manlove, 14 Id. 555.
3. The damages, when the property has been delivered, is the legal interest on the value thereof during the detention. Nickerson v. Chatterton, 7 Cal. 568; Douglass v. Craft, 9 Id. 562.
4. This judgment must be in the alternative, or the bond is not liable. Chambers v. Waters, 7 Cal. 390; Nickerson v. Chatterton, 7 Id. 568.
5. If the plaintiff takes the property, the defendant must claim its return in his answer, to enable the Court to give the judgment in the alternative form. Gould v. Scannell, 13 Cal. 430.
§ 201. Judgment book to be kept by the Clerk.
The Clerk shall keep, among the records of the Court, a book for the entry of judgments, to be called the “ Judgment Book,” in
” which each judgment shall be entered, and shall specify clearly the relief granted, or other determination of the action. N. Y. Code, $ 280.
§ 202. If a party die after verdict, judgment may be entered, but not to be a lien.
If a party die after a verdict or decision upon any issue of fact, and before judgment, the Court may nevertheless render judgment thereon. Such judgment shall not be a lien on the real property of the deceased party, but shall be payable in the course of administration on his estate.
§ 203. Judgment roll, what to constitute.
[1862.] Immediately after entering the judgment, the Clerk shall attach together and file the following papers, which shall conset. 203. Immediately after entering the judgment, : not answered by any stitute the judgment roll:
defendant, the lerk shall attach together and file following papers in bich shall continue the ju temele roin or proof of service, and the comFiret-In case the complaint be not answered by any
upon the complaint, that the service, and the complaint with a memorandum in dorsed yu the complaint, that the default of the de fendant in pot an sering, wag entered, and a copy of
.nswering was entered, and a copy the jadgment. Second-In allacases, the sumuiDS, pleadings, the verdict of the Judge of finding of the
, pleadings, verdict of the said actionorders or overtruiting demarrer a copy of the judgment, and 1 all bills of exception taken and a wply of any relative to a change of .
wo filed in said action, and a copy of the judgment, and any orders relating to a change of the parties.
N. Y. Code, $ 281.
1. A judgment does not depend upon the Clerk performing his duty in making the judgment roll, or in preserving the papers. If the facts necessary to give jorisdiction to the Court exist, the judgment is good. Rick v. Stockdale, 18 Cal. 219.
$ 204. Judgment lien, when it begins and when it expires.
Immediately after filing a judgment roll, the Clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him; and from the time the judgment is docketed, it shall become a lien upon all the real property of the judgment debtor, not exempt from execution, in the county, owned by him at the time, or which he may afterwards acquire, until the said lien expires. The lien shall continue for two years, unless the judgment be previously satisfied.
1. A conveyance made without authority will not affect the lien of a judgment. Smith v. Morse, 2 Cal. 524.
2. The judgment debtor cannot set up errors in docketing the judgment as destroying its lien, when the property has been sold on execution under the judge ment; if the property sold is his, the levy operated as a lien; if not, he lias do right to complain. Low v. Adams, 6 Cal. 277.
3. Lien cannot be extended.-The issuing and levy of an execution lieu fore the lien of the judgment upon which the execution issued expires, will not operate to prolong the lien of the judgment beyond the time limited in section two hundred and four of the Code. Isaac v. Swifi, 10 Cal. 71.
4. It required express words of the statute to create the lien, and it cqually requires express words to continue it beyond the time specified. Id.
5. The levy and sale must both be made within the period of two years limited by statute. Id.
6. An appeal from a judgment suspends the lien, which is merely an incident; and the statutory limitation of the lien commences to run only from the date of the remittitur from the appellate Court. Dewey v. Latson, 6 Cal. 130.
7. If an undertaking on appeal to the Supreme Court be insufficient in amount to stay proceedings, the lien of the judgment is not extended by the appeal beyond two years from the time of its docketing; and this, where the undertaking was ex. cepted to, there being no effort to enforce the judgment pending the appeal. Guy v. Du Uprey, 16 Cal. 194.
8. What property is subject to.—The lien of a judgment is purely the creature of statute; and in this State, the statute only provides that a judgment shall become a lien from the time it is docketed upon the property of the judgment debtor, “not exempt from execution,” which means upon property not suljeet to forced sale. The homestead is not subject to such sale, either on execution or any other final process of the Court. Ackley v. Chamberlain, 16 Cal. 181.
9. The statutory lien of a judgment upon the real estate of the judgment debtor attaches only upon property in which such debtor has a vested legal interest. People v. Irivin, 14 Cal. 428.
10. A judgment recovered against the husband does not become a lien on the homestead, and a sale of the homestead upon an execution issued on such judg. ment is void. Ackley v. Chamberlain, 16 Cal. 181.
11. Where, in a foreclosure suit, the judgment is in the usual form-ascertaining the amount due, directing a sale of the inortgaged premises, application of the proceeds to the payment of the debts, providing for the recovery of any deficiency, and authorizing execution for the same-such judgment does not becoine a lien on the real estate of the debtor from the time it is docketed. Chapin v. Brodır, 16 Cal.
12. Query: Whether a leasehold estate for a term of years is property in such
sense that a judgment docketed becomes a lien thereon. McDermott v. Burke, 16 Cal. 580.
13. In this State, a judgment cannot become a lien upon the homestead. It can become a lien only upon the real property of the judgment debtor. Bowman v. Norton, 16 Cal. 213.
14. A judgment obtained and docketed in the Superior Court of the city of San Francisco, became a lien upon the real property of the judgment debtor, not exempt from execution, within the county of San Francisco. Bowman v. Hovious, 17 Cal. 471.
15. What does, or does not release a lien.—The payment by a judgment debtor of the judgment, after a Sheriff's sale, extinguishes the lien; and the fact that he takes a transfer of the certificate and the Sheriff's deed, instead of a certificate of redemption, cannot divest the lien of a subsequent judgment. McCarty v. Christie, 13 Cal. 79.
16. The perfecting an appeal does not release the lien acquired by docketing the judgment. "Low v. Adams, 6 Cal. 277.
17. The Act of April, 1856, creating San Mateo county out of a portion of the territory of the county of San Francisco, did not destroy or affect judgment liens then existing; but such liens continued upon the land of the judgment debtor, not exempt from execution, until the expiration of the statutory period, without recording the judgment in the county of San Mateo, where the lands lie. And recording the judgment in this latter county, after the lien was exhausted by the expiration of the two years from the time of its docketing in the Superior Court, will not revive the lien. Bowman y. Hovious, 17 Cal. 471.
$ 205. Docket how kept, and what to contain.
The docket mentioned in the last section is a book which the Clerk shall keep in his office, with each page divided into eight columns, and headed as follows: judgment debtors; judgment creditors; judgment; time of entry; where entered in judgment book ; appeals, when taken ; judgment of appellate Court; satisfaction of judgment, when entered. If judgment be for the recovery of money or damages, the amount shall be stated in the docket under the head of judgment; if the judgment be for any other relief, a memorandum of the general character of the relief granted shall be stated. The names of the defendants shall be entered in the docket in alphabetical order.
§ 206. Docket to be open for inspection without charges.
The docket kept by the Clerk shall be open at all times during office hours, for the inspection of the public without charge ; and it shall be the duty of the Clerk to arrange the several dockets kept by him in such a manner as to facilitate their inspection.
§ 207. Transcript to be filed in any county, and judgment to become a lien there.
A transcript of the original docket, certified by the Clerk, may be filed with the Recorder of any other county; and from the time of the filing, the judgment shall become a lien upon all the real property of the judgment debtor, not exempt from execution, in such county, owned by him at the time, or which he may afterwards acquire, until the said lien expires. The lien shall continue for two years, unless the judgment be previously satisfied.
See 5 237. N. Y. Code, $ 282.
1. An appeal from a judgment suspends the lien, which is merely an incident; and the statutory limitation of the lien commences to run only from the date of the remittitur from the appellate Court. Dewey v. Latson, 6 Cal. 130.
2. Section two hundred and forty-six of the Practice Act authorizes, in foreclosore suits, a personal judgment against the mortgagor for any deficiency which, when docketed, becomes a lien. But the mere contingent provision for execution in case of deficiency, etc., does not amount to a personal judgment, and to such provision no effect can be given as a lien, until the amount of the deficiency has been ascertained and fixed. And the lien does not commence to run until the deficiency be ascertained, and an exeention be issued therefor. Chapin v. Broder, 16 Cal. 420.
§ 208. Satisfaction of a judgment, how made.
Satisfaction of a judgment may be entered in the Clerk's docket upon an execution returned satisfied, or upon an acknowledgment of satisfaction filed with the Clerk, made in the manner of an acknowledgment of a conveyance of real property, by the judgment creditor, or within one year after the judgment, by the attorney, unless a revocation of his authority be previously filed. Whenever a judgment shall be satisfied in fact, otherwise than upon an execution, it shall be the duty of the party or attorney to give such acknowledgment, and upon motion the Court may compel it, or may order the entry of satisfaction to be made without it.
1. A levy under execution on sufficient property to satisfy it is a satisfaction of the judgment. People v. Chisholm, 8 Cal. 30.
2. Before suit brought, the plaintiffs agreed with their attorneys, that if the latter brought this action and recovered, they should have one-third of the judgment and costs as compensation. After judgment and execution issued, the plaintiffs compromised with the defendant for less than the amount of the judgment, and entered satisfaction upon the record : Held, that the attorneys had no lien on the judgment, and could not disturb the satisfaction entered by the plaintiffs. Mansfield v. Dorland, 2 Cal. 507.