of any person interested. Undertakings, generally: Post, sec. 941. 568. Powers of receivers. The receiver has, under the control of the court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the court may authorize. En. March 11, 1872. Cal.Rep.Cit. 84, 11; 91, 455; 113, 515; 116, 366; 116, 367; 120, 475. § 569. Investment of funds. Funds in the hands of a receiver may be invested upon interest, by order of the court; but no such order can be made, except upon the consent of all the parties to the action. En. March. 11, 1872. Cal.Rep.Cit. 56, 627. CHAPTER VI. DEPOSIT IN COURT. § 572. Deposit in court. § 573. Money paid to clerk must be deposited with county treasurer. § 574. Manner of enforcing the order. § 572. Deposit in court. When it is admitted by the pleading, or shown upon the examination of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same, upon motion, to be deposited in court or delivered to such party, upon such conditions as may be just, subject to the further direction of the court. En. March 11, 1872. Cal.Rep.Cit. 51, 446; 71, 271; 71, 272; 71, 273; 73, 269. Prac. Act, sec. 142. Deposit with clerk: En. April 29, 1851. See, further, post, sec. 2104. § 573. Money paid to clerk must be deposited with county treasurer. If the money is deposited in court, it must be paid to the clerk, who must deposit it with the county treasurer, by him to be held subject to the order of the court. For the safekeeping of the money deposited with him the treasurer is liable on his official bond. En. March 11, 1872. Cal.Rep.Cit. 51, 446; 73, 269. Deposit with clerk: Post, sec. 2104. § 574. Manner of enforcing the order. Whenever in the exercise of its authority, a court has ordered the deposit or delivery of money or other thing, and the order is disobeyed, the court, beside punishing the disobedience, may make an order requiring the sheriff to take the money or thing and deposit or deliver it in conformity with the direction of the court. En. March 11, 1872. Cal.Rep.Cit. 51, 446; 57, 522; 99, 275. 4181. Sec. 1209. TITLE VIII. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS. Chapter I. Judgment in General, §§ 577-582. II. Judgment Upon Failure to Answer, § 585. III. Issues-the Modes of Trial and Postponements, §§ 588-596. IV. Trial by Jury, §§ 600-628. V. Trial by the Court, §§ 631-636. VI. Of References and Trials by Referees, §§ 638645. VII. Provisions Relating to Trials in General, §§ 646 6632. VIII. The Manner of Giving and Entering Judgment, §§ 664-6802.* CHAPTER I. 577. § 578. § 579. § 580. § 581. § 582. JUDGMENT IN GENERAL. Judgment defined. Judgment may be for or against one of the parties. Judgment may be against one party and action proceed as to others. The relief to be awarded to the plaintiff. Action may be dismissed or nonsuit entered. All other judgments are on the merits. § 577. Judgment defined. A judgment is the final determination of the rights of the parties in an action or proceeding. En. March 11, 1872. Cal.Rep.Cit. 63, 508; 80, 170; 89, 486; 93, 651; 98, 639; 99, 282; 119, 440; 125, 68; 128, 167; 133, 108; 134, 124; 134, 468. Prac. Act, sec. 144. En. April 29, 1851. 12, 468; 20, 55; 20, 56; 27, 234; 46, 208. 28, 85; 44, 87; Judgment, confession, by: Post, sec. 1132; default, by: Post, sec. 585; demurrer, on: Post, sec. 636; estoppel as to: Post, sec. 1908; generally: Post, sec. 664; nonsuit: Post, sec. 581; on trial by court: Post, sec. 633; on trial by jury: Post, sec. 664. Order defined: Post, sec. 1003. Final judgment: See, also, post, secs. 664, 939. § 578. Judgment may be for or against one of the parties. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves. En. March 11, 1872. Cal.Rep.Cit. 18, 400; 82, 583. Striking out party: Ante, sec. 473. Fresh parties, bringing in: Ante, sec. 389. Service on one defendant out of several, effect of: Ante, sec. 414. Joint debtors, proceedings against: Post, secs. 989 et seq. Joining persons severally liable on same instrument: Ante, sec. 383. Association, action against persons under name of: Ante, sec. 388. § 579. Judgment may be against one party and action proceed as to others. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper. En. March 11, 1872. Cal.Rep.Cit. 103, 36; 136, 302. Prac. Act, sec. 146. En. April 29, 1851. Cal.Rep.Cit. 6, 183; 24, 382. Striking out party: Ante, sec. 473. Fresh parties, bringing in: Ante, sec. 389. Service on one defendant out of several, effect of: Ante, sec. 414. Joint debtors, proceedings against: Post, secs. 989 et seq. Joining persons severally liable on same instrument: Ante, sec. 383. § 580. The relief to be awarded to the plaintiff. The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his com 211 JUDGMENT IN GENERAL. plaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue. En. March 11, 1872. Cal.Rep.Cit. 63, 106; 65, 55; 65, 353; Prac. Act, sec. 147. Cal.Rep.Cit. 11, 19; En. April 29, 1851. 20, 92; 28, 294; 32, 650; 34, 81; 37, 528; 41, 256; 117, 220. § 581. Action may be dismissed or nonsuit entered. An action may be dismissed, or a judgment of nonsuit entered, in the following cases: 1. By the plaintiff himself, by written request to the clerk, filed among the papers in the case, at any time before trial, upon payment of costs; provided, a counterclaim has not been made, or affirmative relief sought by the If a procross-complaint or answer of the defendant. visional remedy has been allowed, the undertaking must thereupon be delivered by the clerk to the defendant, who may have his action thereon; 2. By either party upon the written consent of the other; 3. By the court, when the plaintiff fails to appear on the trial, and the defendant appears and asks for the dismissal; 4. By the court, when, upon the trial and before the final submission of the case, the plaintiff abandons it; 5. By the court, upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case for the jury; 6. By the court, when, after verdict or final submission, the party entitled to judgment neglects to demand and have the same entered for more than six months. The dismissals mentioned in subdivisions one and two hereof are made by entry in the clerk's register. The dismissals mentioned in subdivisions three, four, five, and six of this section, shall be made by orders of the court entered upon the minutes thereof, and shall be effective for all purposes when so entered, but the clerk |
