1st. When a copy of the account, note, bill, or other obligation upon which the action is brought, was filed with the Justice at the time the summons was issued, judgment shall be given without further evidence, for the sum specified in the summons; 2d. In other cases, the Justice shall hear the evidence of the plaintiff, and render judgment for such sum only as shall appear by the evidence to be just; but in no case exceeding the amount specified in the summons. 1. A judgment by default rendered in a Justice's Court cannot be attacked collaterally as void for want of jurisdiction of the person of the defendant-who was a resident of the county, but not of the township in which the suit was instituted— when there appears in the record a certificate, indorsed on the summons by the officer serving it, and filed with the Justice who acted on it, that the summons was served on the defendant in the township in which suit was commenced. Id. 2. Such certificate is sufficient, prima facie, to establish the jurisdiction of the Justice. The objection to the jurisdiction, that defendant did not reside in the township where suit was brought, should have been taken at the trial; and as defendant failed to appear, the judgment is conclusive. Fagg v. Clements, 16 Cal. 389. 3. Where a summons was issued and served in the morning, by which the defendants were cited to appear and answer the complaint in the Court of First Instance, at ten o'clock, and judgment was rendered against them at nine o'clock, in the morning of the same day: Held, that the judgment was irregular, and should be reversed; notwithstanding the Court offered them permission to come in at a subsequent day and make their defense. Parker v. Sheppard, 1 Cal. 131. 4. Where a Justice, by statements which are untrue, that defendant is not intending to appear, is induced to take up a cause at an unusual time, e. g., while engaged in the trial of another cause, a judgment rendered by him in favor of the plaintiff will be reversed. Beach v. McCann, 4 Abbott, 18. § 593. Upon issue joined, the Justice shall try the cause and render judgment. Upon issue joined, if a jury trial be not demanded, the Justice shall hear the evidence, and decide all questions of fact and of law, and render judgment accordingly. § 594. Entry of judgment, time and manner of. [1854.] Upon a verdict, the Justice shall immediately render judgment accordingly. When the trial is by the Justice, judgment shall be entered immediately after the close of the trial; if the defendant has been arrested and is still in custody; in other cases, it shall be entered within four days after the close of the trial; if the action be on contract against two or more defendants, and the summons is served on one or more, but not on all, the judgment shall be entered up only against those who were served, if the contract be a several or a joint and several contract; but if the con tract be a joint contract only, the judgment shall be entered up against all the defendants, but shall only be enforced against the joint property of all, and the separate property of the defendants served. 1. Where a judgment rendered by a Justice of the Peace is for an amount exceeding his jurisdiction, the County Court, on appeal, should dismiss the whole case. Ford v. Smith, 5 Cal. 331. 2. A Justice, after having entered a judgment according to law, has no right to alter it without notice to the defendant. Chester v. Miller, 13 Cal. 561. § 595. If the sum found due exceed the jurisdiction of the Justice, the excess may be remitted. When the amount found due to either party exceeds the sum for which the Justice is authorized to enter judgment, such party may remit the excess, and judgment may be rendered for the residue. § 596. Offer to compromise before trial. If the defendant at any time before the trial, offer in writing to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued; but if he do not accept such offer before the trial, and fail to recover in the action a sum equal to the offer, he shall not recover costs, but costs shall be adjudged against him, and if he recover, deducted from his recovery. But the offer and failure to accept it shall not be given in evidence to affect the recovery otherwise than as to costs, as above provided. § 597. Judgment when the defendant is under arrest. When a judgment is rendered in a case where the defendant is subject to arrest and imprisonment thereon, it shall be so stated in the judgment and entered in the docket. § 598. Costs shall be added to the verdict. When the prevailing party is entitled to costs by this chapter, the Justice shall add their amount to the verdict; or in case of a failure of the plaintiff to recover, or in case of a dismissal of the action, shall enter' up judgment in favor of the defendant for the amount of such costs. 1st. When a copy of the account, note, bill, or other obligation upon which the action is brought, was filed with the Justice at the time the summons was issued, judgment shall be given without further evidence, for the sum specified in the summons; 2d. In other cases, the Justice shall hear the evidence of the plaintiff, and render judgment for such sum only as shall appear by the evidence to be just; but in no case exceeding the amount specified in the summons. 1. A judgment by default rendered in a Justice's Court cannot be attacked collaterally as void for want of jurisdiction of the person of the defendant-who was a resident of the county, but not of the township in which the suit was instituted— when there appears in the record a certificate, indorsed on the summons by the officer serving it, and filed with the Justice who acted on it, that the summons was served on the defendant in the township in which suit was commenced. Id. 2. Such certificate is sufficient, prima facie, to establish the jurisdiction of the Justice. The objection to the jurisdiction, that defendant did not reside in the township where suit was brought, should have been taken at the trial; and as defendant failed to appear, the judgment is conclusive. Fagg v. Clements, 16 Cal. 389. 3. Where a summons was issued and served in the morning, by which the defendants were cited to appear and answer the complaint in the Court of First Instance, at ten o'clock, and judgment was rendered against them at nine o'clock, in the morning of the same day: Held, that the judgment was irregular, and should be reversed; notwithstanding the Court offered them permission to come in at a subsequent day and make their defense. Parker v. Sheppard, 1 Cal. 131. 4. Where a Justice, by statements which are untrue that dofondant is not intand Amendment to Sec. 594.-Passed April 25th, 1863. § 594. Upon a verdict, the Justice shall immediately render judgment accordingly. When the trial is by the Justice, judgment shall be entered immediately after the close of the trial, if the defendant has been arrested and is still in custody; in other cases it shall be entered within four days after the close of the trial. If the action be on a contract against two or more defendants, and the summons is served on one or more, but not on all, the judgment shall be entered up only against those who were served, or have voluntarily appeared, if the contract be a several or a joint and several contract; but if the contract be a joint contract only, the judgment shall be entered up against all the defendants, but shall only be enforced against the joint property of all, and the individual property of the defendants served, or who have voluntarily appeared in the action. In an action on a contract or obligation in writing for the direct payment of money, made 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. tract be a joint contract only, the judgment shall be entered up against all the defendants, but shall only be enforced against the joint property of all, and the separate property of the defendants served. 1. Where a judgment rendered by a Justice of the Peace is for an amount exceeding his jurisdiction, the County Court, on appeal, should dismiss the whole case. Ford v. Smith, 5 Cal. 331. 2. A Justice, after having entered a judgment according to law, has no right to alter it without notice to the defendant. Chester v. Miller, 13 Cal. 561. § 595. If the sum found due exceed the jurisdiction of the Justice, the excess may be remitted. When the amount found due to either party exceeds the sum for which the Justice is authorized to enter judgment, such party may remit the excess, and judgment may be rendered for the residue. § 596. Offer to compromise before trial. If the defendant at any time before the trial, offer in writing to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued; but if he do not accept such offer before the trial, and fail to recover in the action a sum equal to the offer, he shall not recover costs, but costs shall be adjudged against him, and if he recover, deducted from his recovery. But the offer and failure to accept it shall not be given in evidence to affect the recovery otherwise than as to costs, as above provided. § 597. Judgment when the defendant is under arrest. When a judgment is rendered in a case where the defendant is subject to arrest and imprisonment thereon, it shall be so stated in the judgment and entered in the docket. § 598. Costs shall be added to the verdict. When the prevailing party is entitled to costs by this chapter, the Justice shall add their amount to the verdict; or in case of a failure of the plaintiff to recover, or in case of a dismissal of the action, shall enter up judgment in favor of the defendant for the amount of such costs. § 599. Execution issued by the Justice, except when it is to judgment liens, how created. [1854.] The Justice, on demand of the party in whose favor judgment is rendered, shall give him a transcript thereof, which may be filed and docketed in the office of the Clerk of the county where the judgment was rendered. The time of the receipt of the transcript by the County Clerk shall be noted by him thereon, and entered in the docket; and from that time executions may be issued by the County Clerk on such judgments to the Sheriff of any other county of the State, in the same manner as upon judgments recovered in the higher Courts. All process upon judgments recovered in Justices' Courts, to be executed within the same county, shall be issued by the Justice or his successors in office. No judgment rendered by a Justice of the Peace shall create any lien upon any lands of the defendant, unless a transcript of such judgment, certified by the Justice, be filed and recorded in the office of the Recorder. When such transcript is to be filed in any other county than that in which the Justice resides, such transcript shall be accompanied with the certificate of the County Clerk as to the official character of the Justice. When so filed and recorded in the office of the Recorder for any county, such judgment shall constitute a lien upon, and bind the lands and tenements of the judgment debtor, situated in the county where such transcript may be filed and recorded, in favor of such judgment creditor, as if such judgment had been rendered in the District Court of such county. § 600. Execution may issue at any time within five years. Execution for the enforcement of a judgment in a Justice's Court may be issued, on the application of the party entitled thereto, at any time within five years from the entry of judgment. 1. The loss of the docket of the Justice will not prevent the statute from running. White v. Clark, Cal. 512. 2. An execution can only be issued upon a judgment obtained before a Justice of the Peace, within five years after the entry of the judgment. In contemplation of the statute, there is no judgment after that time. Id. 3. An action will lie on a judgment in a Justice's Court in this State, even when the time within which an execution could be issued on such judgment has expired. Stuart v. Lander, 16 Cal. 372. 4. Unless an execution issue within five years, the judgment is void; nor will the loss of the Justice's docket prevent the time from running. White v. Clark, 8 Cal. 512. |