suit, or the judgment which may be rendered therein. En. Stats. 1903, 98. § 677. Bond, condition in and amount of. Such undertaking with two sureties shall be executed by the transferee or grantee to whom it is alleged the property was transferred or conveyed to hinder, delay or defraud creditors, or the successor or assign of such transferee or grantee, in double tne estimated value of the property so alleged to have been transferred or conveyed; provided, in no case need such undertaking be for a greater sum than double the amount of the debt or liability alleged to be due and owing to the plaintiff in such action, commenced to set aside said transfer and conveyance; and where such estimated value of the property alleged so to have been conveyed is less than the sum alleged to be due and owing to the plaintiff in the action, such estimated value shall be stated in the undertaking, and said undertaking shall be conditioned that, if it be adjudged in said action that the transfer or conveyance was made to hinder, delay or defraud a creditor or creditors, then that the transferee or grantee or the said successor or assigns of such transferee or grantee giving such undertaking, will pay to the plaintiff in said action a sum equal to the value, as the same is estimated in said undertaking, of said property alleged to have been transferred or conveyed to hinder, delay or defraud creditors, not exceeding the sum alleged to be due and owing to the plaintiff in the action. En. Stats. 1903, 99. § 6772. Bond, filing of. Said undertaking shall be filed in the action in which said execution issued and a copy thereof served upon the plaintiff or his attorney in said action. En. Stats. 1903, 99. § 678. Objections to sureties. Within ten days after service of the copy of undertaking the plaintiff may object to such undertaking on the ground of inability of the sureties, or either of them, to pay the sum for which they become bound in said undertaking, and upon the ground that the estimated value of the property therein is less than the market value of such property. Such objection to the undertaking shall be made in writing, specifying the ground or grounds of objection, and if the objection is made to the undertaking that the estimated value therein is less than the market value of the property, such objection shall specify the plaintiff's estimate of the market value of the property. Such written objection shall be served upon the said transferee or grantee, or the successor or assigns of such transferee or grantee giving such undertaking. En. Stats. 1903, 99. § 6782. Justification of sureties. Approval and disapproval of bond. When the sureties or either of them, are objected to, the surety or sureties so objected to shall justify before the court in which the action is commenced, upon ten days' notice of the time when they will so justify being given to the plaintiff, or plaintiff's attorney. Upon the hearing and examination into the sufficiency of a surety, witness may be required to attend and evidence may be procured and introduced in the same manner as in trial of civil cases. Upon such hearing and examination the court shall make its order, in writing, approving or disapproving the sufficiency of the sureties or surety on such undertaking. In case the court disapproves of the surety or sureties or any undertaking, a new undertaking may be filed and served, and to any undertaking given under the provisions of this act the same objection to the sureties may be made and the same proceedings had as in case of the first undertaking filed and served. En. Stats. 1903, 99. § 679. Objection because estimated value in bond less than market value. When objection is made to the undertaking upon the ground that the estimated value of the property, as stated in the undertaking, is less than the market value of the property, the transferee or grantee, or the successor or assigns of such transferee or grantee giving the undertaking may accept the estimated value stated by the plaintiff in said objection, and a new undertaking may at once be filed, with the plaintiff's estimate stated therein as the estimated value, and no objection shall thereafter be made upon that ground; if the plaintiff's estimate of the market value is not accepted, the transferee or grantee, or the successor or assigns of the grantee or transferee giving such undertaking, upon ten days' notice Code Civ. Proc.-22. to the plaintiff, shall move the court in which the action is pending to estimate the market value of the property, and upon the hearing of such motion, witnesses may be required to attend and testify, and evidence may be produced in the same manner as in the trial of civil actions. Upon the hearing of the motion the court shall estimate the market value of the property, and if the estimated value of the property as made by the court exceeds the estimated value as stated in the undertaking, a new undertaking shall be filed and served with the market value determined by the stated value therein as the estimated value of the property. En. Stats. 1903, 100. § 6792. Sureties, how justify. The sureties shall justify upon the undertaking as required by section one thousand and fifty-seven of the Code of Civil Procedure. En. Stats. 1903, 100. § 680. Bond, when becomes effective. The undertaking shall become effective for the purpose stated in section 1 of this act, ten days after service of copy thereof on the plaintiff, unless objection to such undertaking is made as in this act provided, and in case objection is so made to the undertaking filed and served, the same shall become effective for such purpose when an order is made by such court approving the sureties, when the surety or sureties are objected to, or affirming the estimate of the value of property when objection is made thereto, or in case any objection to the undertaking is sustained by the court when a new undertaking is filed and served as required by this act, to which no objection is made, or if made is not sustained by the court. En. Stats. 1903, 100. § 6802. Judgment may be rendered on bond when. If judgment be rendered in said action that the alleged transfer or conveyance was made to hinder, delay or defraud creditors, then judgment shall be rendered in such action without further proceeding in favor of plaintiff and against the principal and sureties on said undertaking for the sum for which said undertaking was executed according to the conditions thereof. En. Stats. 1903, 101. TITLE IX. OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS. Chapter I. The Execution, §§ 681-713. II. Proceedings Supplemental to the Execution, §§ 714-721. CHAPTER I. THE EXECUTION. Within what time execution may issue. Who may issue the execution, its form, to whom directed, and what it shall require. When made returnable. Money judgments, and others, how enforced. When execution may issue against the property of a party Execution, how and to whom issued. What shall be liable to be seized in execution. Not to be When property is claimed by a third party. Indemnity. § 689. § 690. § 691. Writ, how executed. § 692. § 693. § 694. § 695. § 696. § 697. § 698. $699. § 700. & 701. § 702. § 703. § 704. & 705. § 706. § 707. Notice of sale under execution, how given. Officer may refuse such purchaser's bid after. These two sections not to make officer liable beyond a certain amount. Personal property, not capable of manual delivery, how de livered to purchaser. Personal property not capable of manual delivery, how sold and delivered. Real property, when absolute sale or not. In the latter case, Real property so sold, by whom it may be redeemed. What a redemptioner must do in order to redeem. § 708. § 709. 710. § 710. If purchaser of real property be evicted for irregularities in Isale, what he may recover and from whom. When judgment to be revived. Petition for the purpose, how and by whom made. Party who pays more than his share may compel contribution. Judgments against officers, how enforced. Claimant of property may give bond and release property. 7102. Claim-of property, bond, amount of and conditions of. 711. Claim of property, bond, filing, and serving. 7112.Claim of property, bond, objections to. 712. Claim of property, justification, approval and disapproval. $7122.Claim of property, bond, estimate of value and new bond. Claim of property, bond, justification of sureties. 713. § 713.Claim of property, bond, when becomes effectual. Gen. Cit. to Chap.-Cal. Rep. Cit. 138, 648. § 681. Within what time execution may issue. The party in whose favor judgment is given, may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement. En. March 11, 1872. Cal. Rep.Cit. 61, 147; 81, 203; 86, 386; 92, 397; 107, 132; 111, 362; 81, 204; 81, 205; 94, 223; 99, 171; 114, 547; 137, 311; 138, 193; 94, 220; En. April 29, 1851. 86, 278; 99, 283; 138, 194, 28, 70; Prac. Act, sec. 209. 12, 468; 20, 55; 22, 650; Where money deposited by defendant, judgment is to be satisfied thereon by clerk: Ante, sec. 500. Attachment-If judgment plaintiff has attached property, the sheriff must satisfy the judgment out of it: Ante, sec. 550. Executor or administrator-No execution must issue upon judgment against, upon claims for money due from estate: Post, sec. 1504. Receiver, in proceedings in aid of execution: Ante, sec. 564, subd. 4. § 682. Who may issue the execution, its form, to whom directed, and what it shall require. The writ of execution must be issued in the name of the people, sealed with the seal of the court, and subscribed by the clerk, and be directed to the sheriff, and it must intelligibly refer to the judgment, stating the court, the county where the judg ment-roll is filed, and if it be for money, the amount thereof, and the amount actually due thereon, and if made |
