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JUDGMENT, Continued.

transcript of, docket may be recorded in other county and shall be there a

lien, 207.
how to be satisfied, 208.
execution upon, may issue at any time within five years, 209.
to be enforced by execution, 213.
when certified copy of, to be served, 213.
when and how execution to issue upon, after death of party, 215.
may be summary against delinquent bidder at Sheriff's sale, 225.
how and in what cases, may be revived, 237.
defendant may be arrested after, 239.
creditors may prosecute to, actions to recover debts of judgment debtor, 244.
may be to abate or enjoin nuisance, 249.
to be according to fact when interest of plaintiff terminates during action,

in partition, on whom to be conclusive, 278.
in partition, who not to affect, 279.
in action against usurper, what to be, 312–314, 316.
against steamer, etc., 328.
when final to be appealed from, 336.
may be reviewed on appeal, 333, 347, 359, 366.
may be against one or more, 368.
by County Court on appeal how enforced, 367.
when to be denied by joint debtor, 372.
may be for surplus of original, 373.
by confession how and when entered, 374-376.
upon submission of controversy without action how and when entered,

may be entered upon an award, 382, 385.
may be entered upon offer, 390.
to carry costs, 499, 511.
on writ of mandate, 477.

on indemnity bond to Sheriff, 645.
See DISMISSAL; Nonsuit; Justices' Courts; DEFAULT; EXECUTION.

to summons jury to try issue in mandumus, 474,
may punish summarily for contempt in certain cases, 481.
to indorse amount of bail on warrant for contempt, 483.

roll, what to constitute, 203.
to be entered in docket, 204.
to be a lien on real property for two years, 204.
docket, what to contain, 205.

docket to be open for inspection, 206.
JUDGMENT CREDITOR, it purchaser evicted to be liable, 237.

may require order to examine debtor, 238.

may require arrest of debtor, 238.
JUDGMENT DEBTOR, execution against, 210.

execution against, after death, 215.
may point out property to Sheriil, to sell under execution, 220, 223.
may redeem property sold, 230.
when he may redeem, 231.
what payments to be made to, 233.
may be required to appear and answer as to his property, 238.
may be arrested, when, 239.
may be punished for contempt, 245.
what portion of wages of, to be exempt from execution, 243.

what property of, to be exempt from execution, 219.
JURISDICTION, of Court, acquired by service of summons and complaint, 35.

also acquired by voluntary appearance, 35.
want of, in the Court ground of demurrer, 40.
objection to, never waived, 45.


in pleadding a juignea:, facts conferring jurisdiction need not be stated, 59.
if controvered mast be proved, 39.

Se Justices' Courts.
JURORS, how drawn to try causes, 136.

number of. 139.
parties may consent to any punher of, not less than three, 159.
bu'nance of vath of, 160.
may be challen ved br parties. 161.
on what grounds, may be challenged, 162.
may be discharged when sick, 164.
may male potes during the trial and use them during their deliberations, 167
what is verdict ot, 17.
atidavit of, to impeach verdict, 193.
may be witness, 400.

See JUSTICES' Corrts.
JURY, to try question of fact not in issue by plearlings, 3.

Sheriff may summon, in attachment where property claimed by third per-

son, 131.

Act, relating to, p. 526.
Actions, civil, to be brought in defendant's township, 535.

when may be brought elsewhere, 533.
venue of, in San Francisco, 535.

how commenced, 538.
Adjourninent, when necessary by amendment of pleadings, 580.

when jury is demanded, 362.
for cause not excecding ten days, 583.
for cause not exceeding four months, 584.

undertaking on, 585.
Affidarits, for publication of summons, 543.

on arrest of defendant, 544.
on attachment, 552.
in action to recover possession of personal property, 557.
for change of venue, 582.
on motion for adjournment, 583.

on application for new trial, 623.
Allegations, variance between proof and, when disregarded, 579.
Amendments, of defective pleading, 578.

when party entitled to costs on, 580.
Answer, when not incumbent on party to, 535.

in what cases township disregarded, 535.
to state ground of defense, 570.
when to be in writing or veritieu, 571.
when oral, 572.
must contain denial or set up counter claim, 574.
want of sufficient knowled re or information, 575.
to specitically deny genuineness of written instrument, 577.
Appearance, voluntary, of parties objection to, waives jurisdiction, 537.
Appal, to County Court, when hearl on statement; when tried anew, 366.
orders, etc., may be reversed; new trial how condueted, failure to prosecute,

how taken; within what time; statement on notice, 624.
statement and amendments to be settled by Justice, 625.
when new trial to be had, 626.
duty of Justice on receiving notice of; payment of fees, 627.
undertaking on, 628.

stay of proceedings on, 629.
Arrest, of defendant, when and in what cases, 544.

undertaking on, 545.
undertaking of defendant, 550.
defendant may give bail, 549.
judgment on, to be rendered immediately, 594.



judgment on, when defendant subject to, must so state, 597.

when contempt committed, 617.
Attachment, in what cases to issue, 551.

undertaking on, 553.

undertaking on release of, 554.
Attorney, who may act as ; Constable not to act as, 534.
Blank, not to be left in any paper except subpæna, 611.
Challenge, to jurors, for cause, to be tried by Justice, 590.

cause of, 162.
Claims, to recover possession of personal property, 556.

undertaking on, 559.
defendant may require return of property on giving bond, 561.
of third persons to right of possession of, 565.
Commission, may be issued, 620.
Complaint, shall state cause of action, 570.

when to be in writing and veritied, 571.
when oral, to be entered in docket, 572.
to state facts plain and direct, 573.
when on a note or written obligation, 577.
Compromise, offer of, and acceptance, 596.
Concealment, of defendant to avoid service of process, 543.

of personal property, 563.
Confession of judgment, may be entered, 536.
Contempt, punishinent for, by Justice, 616.
Corporations, service of summons on, 542.
Costs, shall be added to amount of verdict, 598.

in case of dismissal judgment to be entered therefor, 598.
prevailing party entitled 631.

Justice may demand deposit for, 634.
Counter claim, may be set up in answer, 576.
Debtors, examination of judgment, 602.
Default, of plaintiff, dismissal of action, 586.

of defendant, judgment on proofs, 586.
of defendant when action on written instrument, judgment to be entered,

Defendant, to be addressed by name, 540.

to be personally served, 542.
where taken upon arrest, 546.
may demand immediate trial, 549.
may be discharged by action of plaintiff, 549.

may be released on giving bail, 550.
Demurrer, to pleadings or part thereof, 578.
Dismissal, of action without prejudice, 591.
Disobedience, to a lawful writ, order of process, 616.
Docket, to be kept by Justice, what must contain, 604.

shall be primary evidence, 605.

alphabetical index to, 606.
Evidence, written instrument or copy may be used on trial, 576.

original written instrument may be ordered to be produced, 576.
Exceptions, of defendant to sufficiency of sureties, 560.
Ercess, of amount found due may be remitted, 595.
Execution, may issue within five years, 600.

shall issue to Constable or Sheriff, 601.

how executed, 602.
Forcible entry and detainer, fine for, p. 577.

Justice has authority to inquire into and make restitution, p. 581.
complaint to be in writing, p. 582.
summons to be served not less than two nor more than ten days before

return, p. 582.
special return of service, p. 582.
complaint may be heard by Justice unless jury demanded, p. 582.
jury may be demanded, p. 582.

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Court may issue order for disposition of proceeds, 651.
application may be made by either party, 651.
notice to adverse party, 651.
Court may punish as for contempt person disturbing receiver in possession,

application to be made by receiver, 651.
must be upon his affidavit, 651.
receiver shall keep account of proceeds, 652.
receiver shall keep account of amount paid out, 652.
shall retain proceeds, 652.
shall pay over by order of Court, 652.
receiver shall give security, 652.
security may be demanded by either party, 652.
receiver shall be allowed reasonable compensation, not to exceed ten per

cent., 652.

Minor. See INFANT.
New trial, in what cases may be granted within ten days, 622.

notice of motion for, 623.
Nonresident, how served with process, 543.

may be served with process by publication, 543.
Officer, arrest of, in civil cases, 544.
Parties. See APPEARANCE.
Pleadings. See ANSWER ; COMPLAINT; Demurrer.
Property, personal, party claiming delivery of, 556.

real, question of title to, cannot be tried, 581.
Publication, service of summons by, 543.
Receiver. See Mines AND MINING.
Return, of summons, when to be made, 541.

of process in replevin to be made within five days, 565.
Set-off. See Counter CLAIM.
Sheriff, may serve process, 542-554.
Stay of proceedings, shall be granted, 629.
Subpæna, Justices may issue, in any action or proceedings, 619.
Summons, waiver of, by appearance, 537.

issuance of, 538.
to be addressed to defendant by name, 540.
contents of, 540.
Justice shall subscribe, 540.
when returnable immediately, 541.
when returnable in not more than two days, 541.
when returnable in not less than ten days, 541.
service of, 542.
service of, against absent or concealed defendant, 543.

to be filled up, 611.
Supplementary proceedings, examination of judgment debtor, 602.

examination of creditors of judgment debtor, 602.

examination of parties holding property of judgment debtor, 602.
Sureties, on order of arrest, 545.

on writ of attachment, 553.
on claim of personal property, 559.

on release of personal property, 561.
Surprise. See New Trial.
Third person, claim of, to personal property, 565.
Transfer, when defendant under arrest, 546.

when Justice is a witness, 582.

when Justice is biased, 582.
Undertaking, on order of arrest, 545.

on release from arrest, 550.
to obtain writ of attachment, 553.
to release writ of attachment, 554.

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